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The UK Contact Centre Executive Directory database ("the Service") is a database of business and marketing information provided by ContactBabel. It is protected and registered as a database belonging exclusively to ContactBabel under the Copyright and Rights in Databases Regulations 1997. Please read this Agreement carefully before accessing or using the Service as your acceptance of the terms and conditions below will signify that you have read, accept and agree to be bound by those terms and conditions when ordering ContactBabel Products. Terms of Use The
Service is provided by ContactBabel and your access to and use of information contained
in the Database (hereinafter called the "Information ") is subject to
the following terms and conditions. (1) The Information is supplied in strict confidence for your internal business uses only, shall not be copied or made available to any other party (including any associated company of yours) or used to check the accuracy or otherwise of your own databases if you are an information supplier except with ContactBabel's prior written consent, and shall only be used as a factor to assist in the making of business decisions, not as the sole basis for any such decision. You may make a single copy of the Information in machine readable or printed form solely for backup purposes and in support of your own use of the Information. (1a)
You are licenced to use the Information for a twelve-month period
commencing on the date of purchase. You agree to store the Information
in a manner that is secure and which allows the identification and
removal of the Information. After the 12-month period has expired,
you must permanently remove the Information from your systems unless
you have renewed your subscription.. (2)
You download the Information at your own risk, implied, of any kind. There is
no implied warranty of merchantability and/or appropriateness for any
particular use or purpose. ContactBabel will not
be liable in any event to you or others for any damages, lost revenue or
profits, or any other incidental damages resulting from problems caused by the
interaction of the Information with your computer, operating system, other
software or data. (3)
You shall not (a) ask for the Information knowingly for the use of others; (b)
wilfully or negligently permit such requests to be made by others; and/or (c)
request or acquire, except by first obtaining ContactBabel's written consent,
Information pertaining to any associated company or other undertaking
inter-related to you. (4)
Where Information comprised of lists of names and addresses is supplied, you
shall not entrust such information to any addressing or other agent except with
ContactBabel prior written consent. (5)
All copyright and other rights in the nature of intellectual and industrial
property rights which exist in any part of the world at the date hereof or
which may exist at any time ("Intellectual Property Rights") in the
Information shall remain the property of ContactBabel. You acknowledge that the
Information comprises (1) works of original authorship, including compiled
information containing ContactBabel selection, arrangement and co-ordination and
expression of such information or pre-existing material it has gathered or
assembled; (ii) confidential and trade secret information; and (iii)
information that has been created, developed and maintained by ContactBabel at great
expense of time and money such that misappropriation or unauthorised use by
others for commercial gain would unfairly and irreparably harm ContactBabel. You shall
not commit or permit any act or omission that would impair ContactBabel proprietary and
Intellectual Property Rights in the Information. You shall reproduce ContactBabel
copyright notice and proprietary rights legend on all authorised copies of the
Information. (6)
Where any of the Information is derived from information supplied to ContactBabel by any
other, you acknowledge the Intellectual Property Rights of such party in such
information. (7)
Whilst ContactBabel attempt to ensure that the Information is accurate and complete, by
reason of the immense quantity of detailed matter dealt with in compiling the
Information and the fact that the data are supplied from sources not controlled
by ContactBabel which cannot always be verified,
as well as the possibility of negligence or mistake, ContactBabel cannot guarantee the correctness or the
effective delivery of the Information and will not be held responsible for any
errors therein or omissions therefrom. (8)
ContactBabel shall not be held liable in
contract, tort or otherwise for any loss or damage (whether direct, indirect or
consequential, including without limitation loss of production, loss of profit
or liability to you or others) resulting from negligence, delay, or failure on
the part of ContactBabel and their officers, employees or agents in procuring,
presenting, communicating, transmitting, delivering or otherwise providing the
Information and the computer system through which it is provided, whether
sustained by you or any other person whatsoever, directly or indirectly,
including but not limited to any loss or damage arising from defects, delays,
interruptions, or failures in such system or inaccuracies and errors in the
Information. In the event of any claim being upheld, ContactBabel will not be liable in
excess of the purchase price of the Information. (9)
Neither ContactBabel nor the Information will be identified as a source of reference
save with ContactBabel's prior written consent, and ContactBabel reserves the right, in its sole
discretion, to verify the accuracy of any statement based on the Information.
ContactBabel shall not be required to divulge either its sources or its procedures for
obtaining Information. (10)
You shall indemnify ContactBabel and their respective officers, agents and employees
against any costs, claims, losses, damages, liabilities or expenses whatsoever
(including costs and necessary payments made in order to settle or compromise
any claim) arising out of any breach of these terms and conditions by you and
any other party acting through or with you. (11)
Nothing in this Agreement shall hinder any party from complying with their
respective obligations under the U.K. Consumer Credit Act 1974 and U.K. Data
Protection Act 1998 or otherwise. You agree to comply with any applicable
privacy, data protection or other requirement imposed by foreign or domestic
law, or which would be applicable in the country in which the business entity
or person to whom the information relates resides or is based, or if unable to
comply to refuse the Information Products or other services subject to the
foreign or domestic law. (12)
You shall notify your employees and any other persons receiving the Information
of these terms and conditions. (13)
These terms and conditions shall be governed by the laws of Failure to comply with any term or condition of this
Agreement will result in the termination of the licence to use the Information
and you will be subject to all applicable legal remedies and/or prosecution. |
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Copyright(c) 2007 and onward ContactBabel. All rights reserved. This database is property exclusively
of ContactBabel under Statutory Instrument 1997 No. 3032 The Copyright and
Rights in Databases Regulations 1997. |
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