TERMS AND CONDITIONSAny reference to “us”, “we” or “our” is to Northern Telecom Consultants Limited (Company Number 03663804) whose registered office is at Ivy House, 22 Market Place, Leyburn, North Yorks, DL8 5AS (“Nortelco”). 1. TERMS OF USE OF THIS WEBSITE1.1 Please read these terms and conditions carefully as they apply to your access to and use of the services described in this part of our website. If you have any questions relating to these terms and conditions, please click here to contact us. We request that you pay particular attention to our privacy policy below which sets out the principles by which we act in relation to the treatment of information about visitors to our website. 1.2 If you do not agree to the terms and conditions then you should not proceed to use our website. 1.3 These terms and conditions and, where applicable, the terms and conditions of sale constitute the entire agreement between us with respect to our website and the services we provide through it. They supersede all prior communications and agreements between us, whether electronic, oral or written, regarding the subject matter contained in our website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 1.4 The materials contained in this website are provided for general information purposes only and do not claim to be or constitute legal or other professional advice. Notelco does not warrant the accuracy of the information provided in the website. Nortelco does not accept any responsibility for any loss (either direct or indirect) which may arise from accessing or reliance on information contained in this website. 1.5 This website may include hyperlinks to websites operated by other parties and content posted by visitors to our website. We are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their content. We are therefore not responsible for the content of external Internet sites that link to this website or which are linked from it. Nor are we responsible for any content posted to this website by visitors. 1.6 We may revise these terms and the terms and conditions of sale without notice. It is your responsibility to regularly review the terms and conditions in case of any change. Continued use of the website after a change will be treated as acceptance of the change by you. 2. COPYRIGHT NOTICE2.1 The contents of this site are protected by copyright under international law. The name “Nortelco” is a trade mark and the name “pro-net” is a registered trade mark. No rights are granted to use any of them without our written consent. 2.2 The content of this Website is our exclusive property or that of our content suppliers and is, unless specifically stated otherwise, protected by copyright, and other intellectual property rights. Users are permitted to read the contents of this site and make copies for their own personal non-commercial use only. All other use and copying of any of the contents of this site is prohibited. Copying from websites of third parties is subject to any requirements applicable to those sites. We give no authority (whether implied or express) to deep link to or frame any of the content which appears on our website, without our express agreement. We try to ensure that the content of this website is as accurate as possible, but we make no warranty about accuracy of content and will not be responsible for any inaccuracy of content. 3. DATA PROTECTION AND PRIVACYAny information you give to us will be stored and used in accordance with our privacy policy. 4. SECURITY4.1 Access to the VIP Lounge and the material available on it will be gained by your mobile telephone number and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished. 4.2 You should be satisfied that you have assessed the security features of your computer and have determined that they are adequate to protect your interests and use of this website. 4.3 You must tell us immediately if you believe that an unauthorised person knows your password or has access to the VIP Lounge on your account. 4.4 We reserve the right to refuse access to the VIP Lounge if we suspect an unauthorised person is attempting to access it. 4.5 Any information submitted on this website may be subject to any general security shortcomings of the Internet. 4.6 We may monitor and investigate any activity and content associated with the website and reported violation of these terms and conditions. We may take any action that we deem appropriate including (but not limited to) issuing warnings, suspending or terminating service, denying access and removing materials from the website. 4.7 We cannot guarantee the security of the website and as such we will not be held responsible for any breaches of security that result from the use of the website. 5. USE OF WEBSITE5.1 By using this website you agree to:- 5.1.1 report any misuse of the website or any misleading or inappropriate material on the website; and 5.1.2 use the website only for lawful purposes. 5.2 You agree and undertake not to use the website:- 5.2.1 to impersonate any person or organisation or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or organisation; 5.2.2 to upload, publish or display any personal or confidential information of any person or organisation without their prior consent; 5.2.3 to upload, share or otherwise make available any material that contains viruses or similar; 5.2.4 in a way that will interrupt, damage or render it less efficient; 5.2.5 in a way that violates or infringes the rights of any person, entity or company; 5.2.6 to attempt to access any unauthorised part or component of this website; 5.2.7 to upload, share or otherwise make available any material which may be illegal, discriminatory in any way, of a sexual nature, defamatory, obscene or otherwise offensive or harmful to other users of the website or others; 5.2.8 to upload, share or otherwise make available any material which is deliberately misleading or fraudulent; 5.2.9 to intimidate, discriminate or harass any person or organisation; 5.2.10 to use or attempt to use the account of any other user without the consent of that user or our prior written authorisation; or 5.2.11 to use, process or disseminate any of the information on this website or on the profiles of other members for any purpose other than the purposes for which the information was provided. 6. LIMITATION OF LIABILITYYOUR ATTENTION IS DRAWN SPECIFICALLY TO THIS PARAGRAPH 6.1 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We try to ensure that the content of this website is as accurate as possible, but we make no warranty about accuracy of content and will not be responsible for any inaccuracies of content. We make no warranty that our services via this website will be available at any particular time or that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website or its services for any reason. 6.2 If you are accessing our website and services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law. 6.3 We shall not be liable for (a) any loss of profit, data loss, loss of production, depletion of goodwill or (b) any indirect loss, costs or expenses whatsoever in each case arising out of your use of our website, your use of our services advertised on our website or our failure to deliver services contained on our website. 6.4 If you are accessing our website to use the services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of services. These statutory rights are not and will not be affected by any statement contained in these terms and conditions (and in particular, any provision which has the effect of limiting our liability to you in the event that any service is defective or fails to correspond with the description given to it on this website shall not apply). 6.5 You warrant to us that you will not use this website or any other services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these terms and conditions or terms and conditions contained elsewhere on our website. We may immediately terminate your account and your ability to access this website and/or the VIP Lounge if you breach any such terms and conditions or if we believe that we or our other customers may incur liability from your actions. 6.6 You agree that in the event that you have any right, claim or action against any user arising out of another user’s use of this website, then you will pursue such right, claim or action independently of, and without recourse to us. 7. INDEMNITYIf you are accessing our website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from any or all liability in full or damages we incur in contract, tort or otherwise towards a third party as a result of your use of this website or any of the services accessible through your user account (whether accessed by you or by any other person using your user account) or any content published, uploaded or displayed by you on the website or any breach of these terms and conditions by you. 8. OUR CUSTOMER COMPLAINTS POLICYThis website and the services available on it are provided by Nortelco, a company regulated by ‘Ofcom’ (http://www.ofcom.org.uk). We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. If, however, you have any problem or complaint in connection with the website, please click here to contact us and we will investigate your complaint and try to resolve it as soon as possible. 9. GENERAL9.1 If any provision contained in these terms and conditions is determined to be invalid or unenforceable the remainder of the terms and conditions shall not be affected. 9.2 We may modify or withdraw this website and the material contained within it (or any part of it) 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. 9.3 If you speak to us on the phone, some calls may be monitored or recorded in case we need to check we have carried out your instructions correctly and to help improve the quality of our service. 9.4 Our website is operated and controlled from the United Kingdom and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of England and Wales. Unless you are using our website and services as a consumer, by agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this website being decided only by the courts of England and Wales. If you are accessing this website from another jurisdiction it is your responsibility to ensure your compliance with the laws that apply to that jurisdiction. 9.5 You are not permitted to assign your rights under these terms and conditions. Except as expressly provided by these terms and conditions, no third party may enforce these terms and conditions by virtue of the Contracts (Rights of Third Parties) Act 1999. 9.6 Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions is not a waiver of any of our other rights. 9.7 Any waiver by us of any breach by you is not a waiver of any subsequent breach. 10. PRIVACY POLICY10.1 This website is owned and operated by Nortelco. 10.2 Our privacy policy relates only to information that we obtain from you. If you visit a website operated by a third party through a link included on this website, your information might be used differently by the operator of the linked website. We cannot be responsible for your protection and privacy when visiting such websites and their privacy policies should always be checked. 10.3 The information you provide to us when using this website will be processed for the following reasons:- 10.3.1 to process any request for advice or information supplied by us; 10.3.2 to administer any products bought using the website; 10.3.3 to notify you of our news updates if you consent to or request this; 10.3.4 to customise this website according to your interests; and 10.3.5 to comply with our statutory and regulatory obligations; 10.4 The type of information we will collect about you includes:- 10.4.1 your name and address; 10.4.2 your phone number and e-mail address; and 10.4.3 information you complete in relation to our client surveys. 10.5 If you proceed to make a purchase from the website you will be directed to Protx.com. Protx.com will require information from you in order to process your payment. You should read the Protx.com privacy policy and terms and conditions for details of how this information will be used. Please note that we will not ask for or have access to your credit card or debit card details at any time and we are not responsible for the use or retention of any information that you provide to Protx.com. 10.6 We will never collect sensitive information (as defined in data protection legislation) about you without your explicit consent. 10.7 Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system. 10.8 We will keep your personal information confidential except where you have posted it for publication or display and/or to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction. From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. 10.9 If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, write to us at the above address or click here to contact us. 10.10 To comply with the Data Protection Act 1998 we adhere to strict security procedures. The personal information which we hold will be held securely to ensure no unauthorised disclosure or access. When you register for a user account with us you will be required to adhere to the security provisions set out in our terms and conditions. 10.11 We reserve the right to appoint an Internet service provider to host our website on our behalf which may be situated outside the European Economic Area (the EEA). In addition, the information appearing on your user account may be accessed by members from outside the EEA, who will be bound by this privacy policy and by the website’s terms and conditions of use. By agreeing to our terms and conditions of use of our website you consent to any transfer of your personal information outside the EEA. This may be necessary for us to achieve the purposes set out above. 10.12 You may refuse any marketing communication from us in the future at any time. Please click here to contact us about this. 10.13 Should you wish to obtain a copy of the personal data that we hold on you, please click here to contact us. As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you. We reserve the right to charge £10 for our administration costs in providing copies of any personal data requested. 10.14 If you have a complaint regarding any breach of this privacy policy, please click here to contact us. When we receive the complaint, we will review it and ensure that we are in compliance with our privacy policy and all applicable laws. We will contact you within 40 days of receiving your complaint to inform you of the results of your complaint. 10.15 When visiting our web pages, we would like to use tracking technologies which record information about you automatically. This can include using a “cookie” which would be stored on your browser. However, we will not do this unless you give to us your express permission for this to happen. If you are happy to give this permission, please tick the box set out next to Agree button at end of these terms. If we cannot use such technology it is possible that certain functionality of this site might be affected and you might not be able to access certain Web pages and we might not be able to process your order. This information does not identify you personally. We automatically collect and store only the following information about your visit:- 10.15.1 the internet domain and IP address from where you access our website; 10.15.2 the type of browser software and operating system used to access our website; 10.15.3 the date and time you access our website; 10.15.4 the pages you enter, visit and exit our website from; and 10.15.5 if you linked to our website from another website, the address of that website. 10.16 We may use this information to help us identify click stream patterns, to improve our website and to learn about the number of visitors to our website and the types of technology our visitors use. We may use this information to ensure that our Web pages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience. We do not track or record information about individuals and their visits. You may save these terms and conditions for your future reference by clicking on “save” and print a copy of them by clicking on “print”. |
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