Terms and conditions for use of and access to www.callabc.co.uk
The use of and access to pages of this website operated by Access Business Communications Limited, (“abc”), a company incorporated in Scotland with Company Number SC205544, Registered Office at 9 Dava Street Glasgow G51 2JA and whose VAT registration number is 751 3539 35 is subject to the terms and conditions (“Terms”) set out below. By using or accessing www.callabc.co.uk ("Website") or any part thereof you agree to be bound by the Terms.
1 COPYRIGHT
The copyright in the Website is owned abc and protected by United Kingdom and International copyright laws. Any party using or accessing the Website (“User”) is entitled to copy any such information for their own personal use but may not re-publish, store or re-produce any such information in any manner, including without limitation electronic reproduction by “uploading” or “downloading”, without the prior written consent of abc. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action. abc disclaims all liability which may result from any unauthorised reproduction or use of the information on the Website. All rights not expressly granted are reserved by abc.
The right to use the information collated on the Website is owned by abc. Any User extracting or re-utilising a substantial part of the information collated on the Website or repeatedly extracting or re-utilising parts of the information, without the prior written consent of abc will be infringing its database rights.
The Website must not be accessed, monitored or copied by any manual process or by any robot, spider or other automated device.
2 INFORMATION DISPLAYED OR POSTED
Users understand and agree that the Website is provided “as available” and that abc assumes no responsibility for, inter alia, (1) any service disruptions or interruptions; (2) the unavailability of particular features or services; (3) the inability to access the Website; (4) the failure or inability to post materials on the Website; (5) the deletion of materials posted on the Website; and (6) the failure to store materials posted on the Website.
All information on the Website including any content posted on the Website ("User Content"), text, graphics and links is provided on an “as is” basis excluding any warranty whatsoever express or implied including but not limited to warranties of satisfactory quality, fitness for a particular purpose or freedom from computer viruses.
Users understand and agree that any User Content is the exclusive responsibility of the person who posted or uploaded such User Content, and that Users will be solely responsible for any User Content they may upload, post, e-mail or otherwise transmit via the Website. Users acknowledge that abc is not responsible for, does not control, does not endorse and does not verify the User Content and abc makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any such User Content. Users agree that they will bear any and all risk of reliance on the accuracy, validity or legitimacy of such User Content. Under no circumstances will abc be liable in any way to Users for any User Content, including but not limited to, errors or omissions in any content or any loss or damage of any kind incurred as a result of any content posted or otherwise transmitted via the Website.
Users acknowledge that abc has the ability to pre-screen User Content and has the right (but not the obligation) to amend, edit, and remove or restrict access to any such User Content in its sole discretion and without notice or compensation.
Users acknowledge and agree that abc may preserve or disclose any User Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any User Content violates the rights of third parties; or (4) protect the rights, property, or personal safety of abc’s staff, its users and the public.
By posting User Content on the Website a User waives any moral rights which he/she may have with regard to the User Content.
Each User is wholly responsible and liable for the User Content which that User posts on the Website.
Users acknowledge and agree to strictly comply with the rules set by abc in relation to the posting of User Content on the Website ("Rules").
Users must not:
• post, link to or otherwise publish any User Content containing any form of advertising or promotion for goods and services or any chain content or “spam”;
• post, link to or otherwise publish any User Content which contains any confidential information of or about a third party except with such third party’s explicit consent/authority;
• post, link to or otherwise publish any User Content that is unlawful, threatening, abusive, defamatory, libellous, indecent, or which infringes copyright or any other rights of any third party or which contain any form of illegal content;
• disguise the origin of any User Content;
• impersonate any third party or misrepresent any affiliation to any third party;
• collect or store other Users’ personal data;
• restrict or inhibit any other User from using the Website;
• infringe the rights of any third party, including but not limited to intellectual property rights and privacy or image/publicity rights;
• upload, post, e-mail or otherwise transmit any material that (1) is unlawful, threatening, abusive, delictual, defamatory, obscene, or invasive of another’s privacy; (2) consists of instructional information on illegal activities, including but not limited to, hacking and cracking; (3) violates or infringes in any way the proprietary rights of others, including, without limitation, software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature that violates the law in a relevant jurisdiction; (5) is the private information of another; (6) Users do not have the right to upload or post due to contractual or other legal obligations; or (7) contains software viruses, Trojan horses or other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
When posting User Content on the Website the User agrees to indemnify and hold harmless abc from all losses, damage, costs and expenses (including legal expenses) arising out of any User Content posted by the User on the Website.
General
The Website contains User Content over which abc has limited control and as a result abc cannot guarantee the accuracy or integrity or quality of User Content. Some Users may breach the Rules and post User Content on the Website which is misleading, untrue or offensive.
Users must bear all risk in relation to the use of the Website and should not rely on any User Content in making (or not making) any specific decision or in taking (or not taking) any specific course of action.
By submitting User Content to the Website, the User is granting abc a perpetual, royalty free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence the User Content in whole or in part and in any form.
abc reserves the right to contact a User by e-mail with regard to the User’s use of the Website.
Users are solely responsible for their interactions with other Users. abc reserves the right, but has no obligation, to monitor disputes between Users.
Users agree that abc may establish, in its sole discretion, any limitations, conditions or rules concerning the use of the Website, including, for example, the maximum number of posts (of User Content) on the Website in a given day, the number of days that post will be available, or the maximum size of a given post. Users acknowledge that abc has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
If any User believes that User Content posted on the Website infringes his/her/its legal right(s), said User should notify abc immediately by contacting abc by e-mail to info at callabc.co.uk
All content is subject to modification from time to time without notice.
3 TRADE NAMES
Certain names, words, titles, phrases, logos, icons, graphics and designs displayed on the Website constitute trade names or registered or unregistered trade marks or service marks of abc. The display of any trade names or registered or unregistered trade marks or service marks on the Website does not imply any licence has been granted to any third party in respect of the same. The appearance or absence of products, services, companies, organisations, home pages or other websites does not imply any endorsement or non-endorsement thereof by abc. All rights not expressly granted are reserved by abc.
4 LIABILITY FOR DAMAGES
abc shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including PDF files, made available by abc on the Website. Any User using or accessing the Website shall indemnify abc from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use or downloading of the software or data or arising from such use or downloading.
abc is not responsible for invalid destinations or transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. abc has no liability for faulty or interrupted communication links.
5 WARRANTIES
Each User understands and agrees that:
5.1 use of the Website is at his/her/its sole risk. The Website as stated above is provided on an “as is” and “as available” basis. abc expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
5.2 abc makes no warranty that (1) the Website will meet the requirements of any User; (2) the Website will be uninterrupted, timely, secure or error free; (3) any information that may be obtained from the use of the Website will be accurate or reliable;
5.3 Any material downloaded or otherwise obtained through the use of the Website is obtained and used at a User’s sole risk and discretion and each User will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material;
5.4 No advice or information, whether oral or written, obtained by Users through or from the Website shall create any warranty by abc; and
5.5 abc excludes any warranty that the Website will be error free, free of computer viruses or uninterrupted.
6 LINKS TO OTHER WEBSITES
abc accepts no responsibility or liability in respect of any material displayed on any third party websites which are not under its control. Users acknowledge and agree that abc shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any material displayed on a third party website not under abc’s control.
7 CHANGES TO THE TERMS
abc reserves the right to make changes to any part of the Website and due to its policy of updating and improving the Website abc may wish to change the Terms. abc reserves the right to modify the Website and these Terms relating to the use of and access to the Website without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Website and the use of the Website by any User on or after any such effective date shall constitute acceptance of such amended Terms.
Users agree that abc, in its sole discretion, may terminate a User’s ability to use the Website, and remove and discard any User Content, for any reason whatsoever. Users agree that any termination of their access to the Website may be immediate and without prior written notice.
8 GOVERNING LAW
The Terms shall be governed by and construed in accordance with the laws of Scotland and if any User intends to take legal action in relation to the Terms and/or the Website such User agrees that the Scottish courts shall have exclusive jurisdiction.
9 GENERAL
If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.
No User may assign, sub-licence or otherwise transfer any of his or her rights under the Terms.
If abc or any User fails to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy.
The Headings in the Terms are for convenience only and have no legal meaning or effect.
