"Welcome to www.rcscomms.com ("the Website"), a website managed by ITIQ ("ITIQ", "we" or "us"). Congratulations on joining our online marketplace. This page (together with the documents referred to on it) tells you the Terms and Conditions of use ("the Terms") on which you may make use of the Website, Please read the Terms carefully before you start to use the Website.
1. ACCEPTANCE OF TERMS
1.1 By registering on, accessing or using the Website you agree to be legally bound by the Terms, and you accept and agree to them as they apply, access or use. The Terms are an agreement between you and RCS applies to your use of the Website and of the services that it offers.
1.2 If you do not agree to the Terms, please refrain from using the Website. If you have registered on the Website and do not wish to be bound by the Terms, please contact us by reference to the contact details given in section 2.2 below.
2. INFORMATION ABOUT US
2.1 The Website is a site controlled and operated by ITIQ from their offices in London. They are registered in England and Wales under company number 02693739, and have their registered office at Bellside House, 4 Elthorne Road, London N19 4AG. The site is managed for RCS from our offices in London. We are registered in England and Wales under company number 4019067 and have our registered office at 201 Haverstock Hill London NW3 4QG, United Kingdom. Our main trading address is CP House Otterspool Way Watford Herts WD25 8HP as aforesaid. Our VAT number is 756 7592 78. We are a private company limited by guarantee. 2.2 To contact us, please telephone +44 (0)8456 853 123 or email us on info@rcscomms.com 3. PURPOSE 3.1 The Website is intended to provide an online marketplace. And can supply a particular product or service. 3.2 Those who visit the Website from other locations do so at their own risk, and are responsible for compliance with all applicable laws relating to their use of the Website and material contained on it.
4. CONDITIONS OF USE
4.1 You may only use the Website if you are at least 18 years of age and able to form legally-binding contracts.
4.2 You agree to provide us with true, accurate, current and complete information about yourself and your organisation for the purposes of your use of the Website. You may update this information at any time.
4.3 You may use the Website only for lawful purposes.
5. PROHIBITED USES You may not use the Website:
5.1 in any way that breaches any applicable local, national or international law or regulation;
5.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.3 for the purpose of harming or attempting to harm minors in any way;
5.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with any of the content standards specified in section 6 below;
5.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5.6 knowingly to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation and/or functionality of any computer software or hardware or telecommunications equipment.
5.7 to reproduce, duplicate, copy or re-sell any part of the Website in contravention of any Term;
5.8 to access without authority, interfere with, damage or disrupt:
5.8.1 any part of the Website; 5.8.2 any equipment or network on which the Website is stored;
5.8.3 any software used in the provision of the Website; or
5.8.4 any equipment or network or software owned or used by any third party;
5.9 in any way that causes us or may cause us to lose (in whole or in part) the services of our ISP and/or other suppliers;
5.10 (without prejudice to Section 12 below) to link to materials or other content, directly or indirectly, to which you do not have a right to link and/or which compete in any manner with the Website or RCS.
6. CONTENT STANDARDS
6.1 The content standards in this section 6 apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
6.3 Contributions must:
6.3.1 be accurate (where they state facts);
6.3.2 be genuinely held (where they state opinions);
6.3.3 comply with applicable law in the UK and in any country from which they are posted.
6.4 Contributions must not:
6.4.1 contain any material which is defamatory of any person;
6.4.2 contain any material which is obscene, offensive, hateful or inflammatory; 6.4.3 promote sexually explicit material;
6.4.4 promote violence;
6.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.4.6 infringe any copyright, database right, trade mark or other intellectual property or proprietary right of any other person;
6.4.7 be likely to deceive any person; 6.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.4.9 encourage others to breach any Term; 6.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
6.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
6.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
6.4.13 give the impression that they emanate from us, if this is not the case;
6.4.14 advocate, promote or assist any unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
6.4.15 contain restricted or password-only access pages or hidden pages or images.
7. LIABILITIES
7.1 The Website and all materials and information thereon and all services supplied through it are provided on an "as is" basis. Subject only to section 7.7 below, and to the fullest extent permitted by law, RCS excludes any warranty, express or implied, as to the quality, accuracy, fitness for purpose, completeness and usefulness of any material, information or service provided or supplied through the Website.
7.2 Subject only to section 7.7 below, we will not be liable to any user of the Website for any loss or damage (whether direct, indirect or consequential) of any nature whatsoever (including without limitation, loss of income, revenue, business, profits, contracts, anticipated savings, data and/or goodwill, or wasted management or officetime) and howsoever arising out of, or in connection with, the viewing, use or performance of the Website or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of the RCS, our servants or agents, or any other person. We cannot and do not guarantee or warrant that any material available fordownloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are exclusively (a between you and us) responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and use of data which you send and receive.
7.3 You expressly understand and agree that the Website is merely a venue for users to view information of our products and services. user of the Website. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any goods or services that you provide through the Website.
7.4 Commentary and other materials posted on the Website are not intended to amount to advice on which any reliance should be placed. We therefore disclaim (subject only to section 7.7 below) all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7.5 We reserve the absolute right to alter, suspend or discontinue any aspect of the Website or the services provided through it, including your access to it. We cannot guarantee that the Website will operate continuously or without interruptions or be error free. From time to time we may restrict access to some or all of the Website.
7.6 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to tamper with, hack into, or otherwise disrupt any computer system, server, router or any other Internet-connected device associated with the Website. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server(s) on which it is stored or any server, computer or database connected to it. You must not attack the Website via a denial-off service attack or a distributed denial-off service attack. We will not (subject only to section
7.6 below) be liable for any loss or damage caused by such an attack or material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
7.7 The contents of this section 7 do not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentatio or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
8. USER''S PRIVACY AND DATA PROTECTION
8.1 We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing by us and you warrant that all data provided by you to us are accurate.
8.2 Our Privacy Policy does not cover, and we expressly disclaim all liability for, any processing by any third party of any personal data that you disclosed to that party by your use of the Website. We do not and cannot guarantee that other users will respect the privacy or security of your information, and we therefore encourage you to evaluate the privacy and security policies of your trading partners before you enter into any transaction with them or choose to share any of your information with them.
9. INDEMNITY
You agree to indemnify and hold harmless us, our parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the "Indemnified Parties") at all times from and against all and any losses, liabilities, damages, costs or expenses of any character (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party, and any claims or legal proceedings which are brought or threatened against any Indemnified Party, in each case arising directly or indirectly from your use of or conduct on the Website and/or an actual or alleged breach of any of the Terms.
10. WEBSITE CONTENT
10.1 The material and content provided by us on the Website are for your personal, non-commercial use only, save where expressly provided otherwise (if at all), and you agree not for yourself or through or by way of assistance to any third party commercially to distribute or exploit such material or content. All intellectual property rights throughout the world in and relating to those elements of the Website that are provided by us and the material published on it by us (the "RCS Material") are owned by us or licensed to us to use. Those rights are protected by copyright laws and treaties around the world, and all of them are reserved.
10.2 You may make a copy of any RCS Material for your personal non-commercial use only provided that you keep all copyright and other proprietary notices intact, and you agree not to modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent. If you do wish to use any such material or information for any commercial use please write in advance to: Web Master RCS CP House Otterspool Way Watford Herts WD25 8HP, United Kingdom, or e-mail: info@rcscomms.com . We will let you know on what terms (if any) such consent may be given.
10.3 If you print off, copy or download any RCS Material in breach of any of the Terms, your right to use it will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made from it.
11. LINKS
11.1 RCS makes no representations whatsoever about any other sites which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent of the Website and that we have no control over the content or availability of that website. In particular you agree that any dealings you have with the operator of any such third party site shall be on the terms and conditions (if any) of the said operator.
11.2 In addition, a link to any other website does not mean that RCS endorses or accepts any responsibility for the content, or the use of, such a website, and (subject only to section 7.7 above) RCS shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11.3 You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
11.4 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than its home page. We reserve the right to withdraw linking permission without notice.
12. SUSPENSION AND TERMINATION
12.1 We will determine, in our absolute discretion, whether there has been an actual or suspected breach of any Term through your use of the Website, and/or whether you are acting inconsistently with the letter or spirit of the Terms. If so, we may take such action as we deem appropriate, including (without limitation) all or any of the following actions:
12.1.1 immediate, temporary or permanent withdrawal of your right to use the Website;
12.1.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
12.1.3 issue of a warning to you;
12.1.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
12.1.5 further legal action against you;
12.1.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.2 Subject only to section 7.6 above, we exclude liability for any action taken pursuant to section 13.1 above.
13. CHANGES
13.1 We aim to update the Website regularly, and may change its content at any time. If the need arises, we may suspend access to it, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update it.
13.2 We may alter the Terms from time to time and post the new version on the Website, following which all use of the Website will be governed by that updated version. You are expected to check the Terms from time to time to take notice of any changes that we make to them, as they are legally binding on you. Your continued use of the Website signifies your acceptance of any such change.
14. MISCELLANEOUS
14.1 We may assign or subcontract any or all of our rights and obligations under the Terms.
14.2 If any provision of the Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deemed deleted from them.
14.3 The Terms and your use of the Website are governed by the laws of England and Wales and you submit to the non-exclusive jurisdiction of the English courts in connection with any dispute between you and us relating to any Term.
RCS London 2008. ALL RIGHTS RESERVED" |
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