Definitions
(1)
"Normal Working Hours" means 9 am to 5 pm on a Working Day.
(2)
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
Terms and Conditions
These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you
on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services").
This Site and the Services are operated by or on behalf of AccessOK Limited having a registered office at Kenton House, Oxford Street, Moreton-in-Marsh, Gloucestershire, GL56 0LA, UK
(hereinafter referred to as "we", "us", "our" or "AccessOK"). Any reference to "you" and "yours" refers to you, the user of the Service.
Please read these terms carefully
The Service is based in the UK, aimed at UK residents and intended for access and use by UK residents only.
Please see our website for details of our services in other countries. The use of some of the
Services may be restricted to certain customers or customer groups (for example, customers subscribed to
AccessOK). You shall be informed about any such restrictions before or during subscription for a particular service.
Your access and use of the Service and any information and services provided by us as part of or via the Service is
subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without
modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible,
we will provide advance notice of major changes to the Service and any changes to the Terms and Conditions on AccessOK.net.
By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on
the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
Where a third party service or content provider ("Provider") is identified as providing a particular service or
application forming part of the Service then you may also be contracting directly with such Provider and
your access to and use of that service or application may be subject to additional terms and conditions.
For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
Your contract with us
Your contract with us shall begin upon the earlier of you:
completing our registration process and confirming that you have read and accepted these Terms; or
viewing, accessing or using any Service offered by us which does not require registration.
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services. In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
General
We may delay enforcing our rights under these Terms without losing them.
You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or
any of our rights or obligations without giving you notice.
You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot
reasonably be expected to control.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of
these Terms or use of this Service.
The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for
a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of
the Service and supersede all previous agreements relating to the Service.
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision
and the remainder of the Terms shall continue in effect.
AccessOK reserves the right at all times to disclose any information as AccessOK deems necessary to satisfy any applicable
law, regulation, legal process or governmental request.
These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive
jurisdiction of the English courts.
The general terms and conditions of the AccessOK service shall also apply when using the Service through a mobile phone.
Help
If you have any enquiries or problems concerning this Service, please contact AccessOK.
Monitoring or recording of your communications may take place in accordance with the law, and in particular for
AccessOK's business purposes, such as for quality control and training, to ensure effective systems operation and in order to prevent or detect crime.
Distance selling regulations
1. You agree that the provision of Services or Content will start as soon as you have completed any necessary registration
requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of
Distance Communications) Regulations 2000 to cancel such Content and/or Services once it has been delivered to you.
2. This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance
Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
a. Identity. Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant
to these Terms is: AccessOK Limited, registered address Kenton House, Oxford Street, Moreton-in-Marsh, Gloucestershire, GL56 0LA, UK,
Registered number 5275243 or Local4You Limited, Registered number 3357391,
UK VAT Number 689 0582 85, registered at the same address as AccessOK.
b. Description of Goods. The goods and services sold or provided pursuant to these Terms comprise items either selected from
those available on our Site or created by us to your order.
c. Price. The price of items purchased via the Site shall be the price advertised on the Site at the time of
purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable
tax at prevailing rates from time to time, plus delivery costs if any.
d. Not applicable.
e. Payment. Payment for any item purchased pursuant to these Terms must be made as specified at the time of placing the order
and prior to delivery.
f. Price Validity. The price of any Content or Service is fixed at the date of purchase. Future purchases shall be
subject to prices prevailing at that time.
g. Duration of Contract. Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these
Terms is perpetual, non-exclusive and irrevocable but limited by the other limitations set out in these Terms.
h. Not applicable
i. Availability of Terms: We will make the current edition of the Terms available on the website for
so long as the Service is available (subject to any temporary or unavoidable disruptions to the availability of the website).
j. Language - This contract can only be concluded in the English language.
k. Complaints, Refunds and Cancellation. If you consider the service does not fulfil the function as described on the
website and in on-line and related documentation, you can apply for a refund to AccessOK in writing
with details of your complaint
by e-mail at enquiries@AccessOK.net
or by post at AccessOK, Orpington House, Upper Bourne Lane, Farnham, Surrey GU10 4RQ.
If you wish to cancel your AccessOK account, apply in writing in the above manner.
Usernames and passwords
You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for
the Service. Following registration, you will be issued with a password to access the Service and any pages for which registration
is required. You are responsible for all actions that take place as a result of access to the Service via your password.
It is your responsibility to ensure the security of your password and the device that you use to access the Service.
A breach of these Terms by anyone to whom you disclose your password will be treated as a breach by you.
In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error.
We reserve the right to change your password and account name at any time in our sole and absolute discretion. You agree to
notify us immediately of any changes to or mistakes in your registration details.
For certain Services you may be required to choose a user name and a password. For any of the Services:
the user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation
of any intellectual property or proprietary rights of any third party; and
if we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to
reject and prevent your use of such user name at any time with or without notice to you.
We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us.
Your use of the services
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without
limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols,
artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by
us or has been licensed to us by the rights owner(s) for use as part of the Services.
You are only allowed to
use the Services as set out in these Terms. If you wish to do anything else with any of the Content, you must first obtain the written
permission of the owner of the rights in that material.
All rights are expressly reserved.
We grant you a non-exclusive, non-transferable right to view and use the Service and the Content via your PC,
mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with
these Terms. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device
if and to the extent that such copying is required for
the proper use of the Service or the Content and such copying is permitted by the copyright owner.
You shall not be entitled in respect of any Content (wholly or partly):
to pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
to change, edit, modify, reformat or adapt it in any other way.
You should notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Services or any unauthorised access to or other unauthorised activity in connection with the Services. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Service as we see fit and without notice to you, unless you have indicated otherwise in such communication.
Prohibited use of the service and/or the content
You, and any persons you allow to use the Service or the Content through your access to the Service, are not allowed to:
copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to,
reverse engineer or decompile (except to the extent expressly permitted by applicable law) or
otherwise make available the Content and/or the Service or any part thereof except as set out in these Terms;
include or create links (including deep-links) to or from the Content and/or the Service;
replicate the AccessOK homepage or create a separate border around any part of the Service or Content (also known as "framing");
use the Service or the Content for any commercial purpose;
use the Service and anything available from the Service for illegal purposes or in breach of any applicable laws, statutes and
regulations or codes of practice;
use the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic,
threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain
letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using
and enjoying the Service or any other website;
collect and process others' personal data except in accordance with applicable data protection law;
advertise or offer to sell goods or services;
infringe any other person's intellectual property rights, including copyright;
use the Service to harvest or collect information about users of the Service or to post or otherwise distribute
unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
use the Service or the Content in any way that we in our sole and absolute discretion consider objectionable,
inappropriate, likely to injure our brand and reputation or otherwise unacceptable.
You are responsible for any misuse of the Service or the Content even if it is by another person using your access to the Service.
We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place
on the Service, to block or suspend your access to the Service and to take such other action as we in our sole and
absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of
any Content or third party material or activity on the Service that you reasonably believe is in breach of these Terms
then you can do so. We are not responsible for any failure to remove, or delay in removing, any Content or third
party material from the Service or for any good faith but wrongful removal of third party material.
We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities
with respect to any investigation or violation of network security and reserve the right to disclose any information
(including personal data) derived from you as required by law or in the good faith belief that failure to comply with a
legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or
the apprehension or detection of offenders.
Your information
Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms.
PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data,
including what we can do with it and to whom we may give it in certain situations.
Payment and charges
Where any of our Services requires payment by you, the following conditions apply.
You must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate
your access to the Service immediately following any missed, rejected or refused payment.
If payment is not paid on time, your payment is rejected or refused, or you default in payment, the amount owing will
be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to
you until payment is received.
All amounts payable by you shall be paid in full in pounds sterling without any deductions or set-offs.
You will need to provide all equipment necessary to access the Service and be liable for payment for the local
telephone call charges at the rates published by the telephone operator with whom you make your local calls or
any other Internet access charges to which you may be subject. If your equipment does not support relevant technology
including but not limited to encryption you may not be able to use this Service.
Your network operator may charge you additional sums for their delivery of the Services to you within the UK and,
if you are using or receiving Services whilst abroad, additional roaming charges. Any such additional charges
imposed by your network operator are additional to our charges, are outside our control and non-refundable by us.
In all cases, you should check with your network operator for details.
Downloaded content
Where any of our Services enable you to download Content to a mobile phone, personal computer, personal digital
assistant or other access device you must comply with the following conditions.
You may save such Content on your access device but (unless expressly permitted) you are strictly prohibited
from saving such Content elsewhere; editing or modifying the Content; copying, distributing or forwarding the
Content to one or more third parties or allowing third parties to access it.
You should adjust the personal settings on your access device to ensure that you receive the Content that you have selected.
By registering for Services you confirm that your access device can support the downloading of the relevant Content.
If you are unsure whether this is the case you should check the information on this Site, consult your handbook or contact
the manufacturer of your access device. We cannot be held responsible should you attempt to download Content onto an
incompatible access device and you will be charged regardless.
You will find the provisions of The Consumer Protection (Distance Selling) Regulations 2000
at this URL
http://www.opsi.gov.uk/si/si2000/20002334.htm