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These terms and conditions ("the Terms") govern the users ("you" or
"your") use of the website www.tariffcheck.com ("the Website") and your
relationship with Tariff Check Services ltd ("we", "our" or "us"). Please
read them carefully as they affect your rights and liabilities under law.
If you do not agree to these Terms, please do not access nor use the Website.
If you have any queries regarding these Terms then please contacts us
at web.support@tariffcheck.com.
1. DEFINITIONS
In this Agreement, unless the context requires otherwise, the following
terms shall have the meanings set adjacent:
"Tariff Check Calculation" the best tariff calculation system, employed
by us as part of the Service (but for the avoidance of doubt excluding
International Roaming Services, MMS, Picture messaging) to calculate
the price of individual mobile telephone calls made by you against specific
third party network operator standard published tariffs.
Using the system we calculate a total cost for all the calls you make
based on the information supplied within your usage profile for each
individual tariff. The call duration and the time of day in which a
mobile call is made by you will be identified and priced against current
published Comparable Calling Plans of various operators applicable at
the time of the call;
"Charge(s)" the amount charged for subscription to the tariffcheck.com service.
"International Roaming Services" the telecommunications service which
enables you to use your mobile phone when you are outside the UK;
"Service" The best tariff calculation provided based on the usage profile
provided by the registered user.
"Standard Published Tariff(s)" the published tariffs for line rental,
subscription and call charges available from each of the four licensed
mobile network providers, who are T-Mobile, Vodafone, O2 and Orange,
excluding any one time or promotional discounts, price packages, introductory
offers, promotional or other special tariffs as at the date stated within
the site for the last update to tariff details, we will endeavour at
all times to keep this information current, comprehensive and accurate;
"Usage Profile" The detail supplied by the registered user on the current
or projected monthly use of a mobile phone on which the best tariff
calculation will be based, including the average monthly spend.
"Saving" The projected saving quoted against the cost provided by the
registered user either monthly or annual.
"we" and "us" TariffCheck.com
"you" the registered user.
2. AGREEMENT
By using the Website you agree to be bound by these Terms.
3. AMENDMENTS
We reserve the right to:
Update these Terms from time to time and any changes will be notified
to you via a suitable announcement on the Website. It is your responsibility
to check for such changes. The changes will apply to the use of the
Website after we have given such announcement. If you do not wish to
accept the new Terms you should not continue to use the Website. If
you continue to use the Website after the date on which the change comes
into effect, your use of the Website indicates your agreement to be
bound by the new Terms; and
· Modify or withdraw, temporarily or permanently, this Website and
the material contained within (or any part) without notice to you and
you confirm that we shall not be liable to you for any modification
to or withdrawal of the Website or its contents.
4. PROVISIONS AND USE OF SERVICE
4.1 We will endeavour to provide the Service at all times; however,
we cannot guarantee to do so. Sometimes things we cannot control may
affect the Service.
4.2 We may from time to time make improvements to the Service.
5. YOUR RESPONSIBILITIES
5.1 Use the Service in accordance with our Standard terms and conditions.
By using the Service, you accept that you have read and accepted the
terms current at that time.
5.2 The Website may only be used for lawful purposes and in a lawful
manner. You agree to comply with all applicable laws, statutes and regulations
regarding the Website and its use. You agree not to upload or transmit
through the Website:
· Any computer viruses or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer;
and
· Any material which is defamatory, offensive or of an obscene character
6. INDEMNITY
6.1 You agree to fully indemnify, defend and hold us, and our officers,
directors, employees and suppliers, harmless immediately on demand,
from and against all claims, losses, costs and expenses, including reasonable
legal fees, arising out of any breach of these Terms by you, or any
other liabilities arising out of your use of this Website or any other
person accessing the Website using your personal information.
7. THIRD PARTY LINKS
7.1 As a convenience to our customers, the Website may include links
to other websites or material, which is beyond our control. For your
information, we are not responsible for such websites or material nor
do we review or endorse these. We will not be liable, whether directly
or indirectly, for the privacy practices or content of such websites
nor for any damage, loss or offence caused or alleged to be caused in
connection with, the use of or reliance on any such advertising, content,
products, materials or services available on such external websites
or resources.
Tariff Check Services receives commision on sales made as a result
of users linking to commercial websites from Tariffcheck.com some of
which include suppliers of telecom services.
8. CHARGES, PAYMENT AND VAT
8.1
The TariffCheck.com service previously free of charge is now a subscription based service, the tariff for which correct for 2005 is £4.95 for three months unlimited access including VAT charged at the UK prevailing rate.
9. DATA PROTECTION
9.1 To be updated once registration with DPR has taken place in the
meantime 9.1a is to be applied.
9.1 Tariff Check Service Ltd is registered with the Data Protection
Registrar and undertake maintain the privacy of any information supplied
as part of the registration and tariff check process, for more information
see Privacy Statement.
9.1a We endeavour at all times to protect personal information supplied
to carry out the tariff check service.See Privacy Statement.
9.2 We and other companies within the Tariff Check Services Group would
like to contact you from time to time, with details of products and
services that we hope will be of interest to you. In the event of the
Tariff Check Services acquiring or developing other businesses the data
may be used by the new business in a similar way. If you would rather
not hear from us about information or offers outside the TariffCheck.com
best tariff calculation service you can contact us at info@tariffcheck.com.
10. INTELLECTUAL PROPERTY
10.1 Copyright, trademarks, database and other intellectual property
rights protect the content of the Website and you acknowledge that the
material and content supplied as part of the Website shall remain with
our licensors or us.
10.2 You may retrieve and display the content of the Website on a computer
screen, store such content in electronic form on disk (but not any server
or other storage device connected to a network) or print one copy of
such content for your own personal, non-commercial use, provided you
keep intact all and any copyright and proprietary notices. You may not
otherwise reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Website.
11. LIMITATION OF LIABILITY
11.1 Notwithstanding any other provision in the Terms, nothing in these
Terms:
· Will affect or limit your rights as a consumer under English law;
or
· Will exclude or limit our liability for death or personal injury
resulting from our negligence.
11.2 The Website is provided on an "as is" and "as available" basis
without any representation or endorsement made and we make no warranties,
whether express or implied, in relation to it and its use. You acknowledge
that we cannot guarantee and cannot be responsible for the security
or privacy of the Website and any information provided to by you. You
must bear the risk associated with the use of the Internet.
11.3 Whilst we will try to ensure that material included on the Website
is correct, reputable and of high quality, we cannot accept responsibility
if this is not the case. We will not be responsible for any errors or
omissions or for the results obtained from the use of such information
or for any technical problems you may experience with the Website. If
we are informed of any inaccuracies in the material on the Website we
will attempt to correct this as soon as we reasonably can.
11.4 In particular, we disclaim all liabilities in connection with
the following:
a. Incompatibility of the Website with any of your equipment, software
or telecommunications links
b. Technical problems including errors or interruptions of the Website
c. Unsuitability, unreliability or inaccuracy of the Website
d. Inadequacy of the Website to meet your requirements
11.5 To the full extent allowed by applicable law, you agree that we
will not be liable to you or any third party for any consequential or
incidental damages (both of which terms includes, without limitation,
pure economic loss, loss of profits, loss of business, loss of anticipated
savings, wasted expenditure, loss of privacy and loss of data) or any
other indirect, special or punitive damages whatsoever that arise out
of or are related to the Website.
12. SEVERANCE
12.1 If any part of the Terms shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability
of any remaining provisions of the Terms.
13. WAIVER
13.1 No waiver by us shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
14. LAW AND JURISDICTION
14.1 The Website is controlled and operated in the United Kingdom.
The Terms will be governed by the laws of England and Wales and you
irrevocably agree to submit to the exclusive jurisdiction of the English
courts.
Tariff Check Service Ltd. Registered in England No. 4566939
Registered Office: 6 Constance Road, Croydon, CR0 2RS.
Version 01-01-01
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