ukphonebook.com - terms and conditions of use

 

ukphonebook.com is a web site owned and operated by Simunix Limited, a company registered under the laws of England and Wales under number 3684982 whose registered office is at The IT Centre, York Science Park, York YO10 5DG

ukphonebook.com is an online service providing access to various data sources and is updated on a daily basis. The service is provided to any individual, organisation or corporate body on the understanding that the service is chargeable at the published rates. We may occasionally offer search packages that include a number of free searches, but Users are still bound by these terms and conditions.

Definitions

Access Code
A unique User name and/or password issued by Simunix used by a User to obtain access to the Service or an IP address or range of IP addresses advised by the User that the service is to be opened to.
Additional Features
Such new products as may be added to the Service from time to time as notified by Simunix.
Additional Searches
Searches that exceed the number permitted in the agreed Search Package within, in the case of certain corporate accounts, the agreed invoicing period.
Approximate Address
Address criteria that include at least 3 characters of the postcode, village, suburb, town or city in which the Search is to be carried out.
Approximate Name
The first three (3) or more characters of a name (the name being, where it is the name of an individual, the surname), unless the name has three (3) characters or fewer in which case it shall mean the full name.
BT OSIS
The abbreviation for Operator Services Information System, the database of directory data managed by BT Wholesale Directory Services which is used, in part, to populate the Service.
Cancellation
In the case of Full Corporate Accounts, unless covered by a separate agreement signed by both parties, the service may be cancelled at any time by giving 3 months notice of cancellation prior to the Renewal date.
Cancellation Charges
For monthly or annually pre-paid accounts only, in the event that a service is permanently suspended or terminated to due to non-payment of Charges, the following amounts will become payable in addition to any existing unpaid amounts; 1. For monthly pre-paid licenses, an amount equivalent to 3 months access taken as an average of the last 3 months invoices; 2. For annual pre-paid licenses, an amount equivalent to 1/2 of the current annual license rate.
Charges
The price of the Service as agreed and detailed in the Pricing Pages or the Letter of Offer.
Contract
Refers to these terms and conditions.
Customer
An individual, partnership, body corporate, or statutory body that has agreed to purchase the Service on the terms detailed in the Pricing pages or, in the case of certain corporate accounts, the Letter of Offer.
Data Subject
A person or body corporate defined in the Data Protection Act 1998 (or in any other applicable statutory or European Community data protection legislation) and any re-enactment or modification thereof.
Fair Usage
The total annual volume of Search Credits that may be used in an annual unlimited Search Package agreed in advance with the User.
Letter of Offer
A specific agreement signed by both the Customer and Simunix or notification sent to the User or Customer by ground mail, fax, email or other electronic means which details these Terms and Conditions, the Access Code, the agreed price of the Service, the agreed price of Additional Searches and the number of Searches which the User may carry out in the agreed Search Period before Additional Searches will become chargeable.
Link
An onscreen object within the service that either directs the User to a URL within or outside the Service or performs the function of retrieving an Additional Feature.
Renewal
In the case of Full Corporate Account pre-paid monthly licenses, the service will renew on the last day of each month at the same charge-band as per the current price list and be invoiced for a further month automatically unless the service is cancelled in accordance with the Cancellation procedure.
In the case of Full Corporate Account annual pre-paid licenses, the service will renew on the last day of the previous license period at the same charge-band as per the current price list and be invoiced for a further 12 months automatically unless the service is cancelled in accordance with the Cancellation procedure.
Result
A number of addresses, postcodes and associated telephone numbers, or Additional Feature information up to a maximum determined from time to time by Simunix and returned to the User's computer in response to a Search.
Search
The submission of a properly formatted query to the Service that includes a full or Approximate Name and which also includes a non-ambiguous full or Approximate Address or the request via a Link for an Additional Feature
Search Credit
Searches on the Service use variable numbers of Search Credits depending on the rates quoted on the Pricing pages
Search Package
The specific terms agreed between the Customer and Simunix or the purchased number of Search Credits detailed in the Pricing Pages or Letter of Offer applied to the User or Customer account and which may be used for conducting a Search. Unused Search Credits will expire 12 months from the date of purchase and be removed from your account.
Service
The provision of online UK telephone directory enquiries, postal address and postcode finding and any other Additional Features that may be added from time to time.
Simunix
Simunix Limited whose registered office is at The I.T. Centre, York Science Park, York, YO10 5DG or any of its successors.
URL
Uniform Resource Locator used to locate the Service or other Additional Feature.
Use
Submission of a Search to obtain information as described in the Service.
User
Any person, organisation or corporate body which has authorised access to the Service.

Provision of The Service

Simunix provides the Service to the Customer on these terms and conditions.

Simunix will provide the Service with reasonable skill and care.

The Customer accepts and acknowledges that it is technically impracticable to provide a fault free Service and the Customer accepts that Simunix does not undertake to do so.

Simunix does not warrant that the Data is free from errors or omissions.

Simunix may suspend the Service for operational reasons such as maintenance or because of an emergency. Before doing so Simunix will give the Customer as much notice as possible when the Service will be suspended.

This Service is provided solely for the Customer's own use and the Customer will not resell the Service (or any part or facility of it) to any third party.

Use of The Service

The Service must not be used in any way that does not comply with these terms and conditions.

Use of the Service is by means of Searches.

Simunix may in its absolute discretion suspend Use of the Service which it considers to be in breach of these Terms and Conditions which may include, but is not limited to, selling, renting, or leasing any Results or information to any third parties or Use which it considers inappropriate which may include, but is not limited to, using the Results or information in any malicious, illegal or anti-social manner or contrary to UK law.

Simunix may at its absolute discretion issue notice amending the definition of a Search.

Simunix may at its absolute discretion change the format of the Result.

The Service or any part thereof may not be integrated into another application, or web site without agreement from Simunix.

In the case of Full Corporate Accounts, Customers that require the number of Search Credits available in the Search Period to be increased may do so by an authorised person requesting the increase from Simunix by e-mail and Simunix will confirm the increase by providing a revised Letter of Offer to the Customer detailing the additional cost

The customer will receive, is receiving or has received information which is derived from databases (or parts or extracts thereof) of which Royal Mail is the owner or creator, or otherwise authorised to use (the "Data"). Royal Mail owns or is licensed, all Intellectual Property Rights which subsist in and/or relate to that Data from time to time. The customer must not at any time copy, reproduce, publish, sell, let, extract, reutilise or otherwise part with possession or control of or relay or disseminate any part of this information or use it for any purpose other than the customer's own private or internal use. The customer shall be entitled to submit a maximum of fifteen (15) enquiries per day to this Look Up Service unless the customer has purchased a search product that overrides this restriction.

The Customer must not:

(a) Engage in any form of automated searching or attempt to bulk-download information from the Service. The information delivered to The Customer as the result of a Search is for The Customer's use only and must not be transferred, stored or exported to any other computerised system for the purpose of creating a secondary database other than a personal address book containing no more than 500 records.

(b) provide, disclose or otherwise make available to any third party any portion of the Data and will use the Service and the Data only for its own personal, private use;or

(c) use the Service as the sole source for generating mailing or address lists for direct marketing or other marketing purposes

The Customer acknowledges that there may be implications under the Data Protection Act 1998 (or any other applicable statutory or European Community data protection requirements) if individual telephone numbers are added to a database and permanently stored.

The Customer will comply with all reasonable instructions which Simunix may give from time to time regarding the use of the Service.

The Customer hereby indemnifies Simunix against any claims or legal proceedings which are brought or threatened against a Customer or User by a third party because the Service is used in breach of any part of these terms and conditions or because the Service is faulty and cannot be used by that third party.

Information

By agreeing to these Terms and Conditions you allow Simunix to contact the Customer or User from time to time with information relating the Service and associated services

Disclaimer

The Service contains information published in the various United Kingdom telephone directories, from time to time and other sources. Subject to the Letter of Offer, it may also contain further advertising, promotional or general information about individuals or organisations that is displayed on the Service under the terms of agreements between Simunix and the individuals or organisations concerned.

While Simunix makes every effort to ensure that the contents of this Service are accurate and up to date, Simunix does not accept responsibility for any error or omission on the Service or information derived there from.

The information contained in ukphonebook is derived and collated from various sources and is provided 'as is'. We make no representation or claim as to the accuracy and currency of the information provided. The information should not be solely relied on and is provided only as a telephone directory. Any use other than this is done so at the user's discretion.

The Service may contain links to other web pages or web sites, over which Simunix has no editorial control or any other form of control. All and any liability that might arise from the Web Site and/or from links to other web pages or web sites is hereby excluded to the fullest extent permitted by law.

Simunix:

a) Does not warrant or guarantee the accuracy, reliability or legality of any of the information contained in the Service;

b) Does not warrant that the data is free from errors or omissions or to its suitability;

c) Expressly disclaims all or any warranties, express or implied, relating to the Service, including in particular any warranties of merchantability or fitness for a particular purpose;

d) Makes every effort to ensure the Service is accessible 100% of the time, however, it does not warrant that access to the web site and or Service will be free of interruption;

e) Will not be liable under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from Use of the Service;

f) Reserves the right, at its discretion, from time to time to make changes to the information provided on the Service, to alter the nature of the Service or to withdraw the Service;

g) Shall provide the Service with reasonable skill and care.

Uploaded Data:

Where an end user has uploaded data for bulk processing, such as our TPS or tele-append service:-

The end user's data is only used for purpose required by the end user.

The end user's data is not shared with any other users or any other third party.

The end user's data is not used by Simunix for any other purpose.

The processed data is retained only for the end user to download. No other entity is able to do so.

The processed data may be deleted at any point, by the end user. The deletion is non-reversible.

The processed data is deleted automatically after 12 months.

Customer Responsibilities

OBLIGATIONS OF THE CUSTOMER (End-User) TO BT Wholesale Directory Solutions: (Guideline 8)

The End-User shall:

In all its dealings with or relating to information derived from BT's OSIS database ("Information") comply with all applicable laws and codes of practice including the Data Protection Act and the Code of Practice on Telecommunications Directory Information Covering the Fair Processing of Personal Data (21 December 1998);

Use all reasonable endeavours in relation to the security and confidentiality of the Information in its custody or control to prevent any unauthorised disclosure of any part of it;

If any complaint is made which relates to the End-User's use of the Information then the End-User shall assist BT and the Licensee in investigating the complaint and shall take such steps as are reasonably necessary to remedy the complaint as soon as practicable;

Only use or process any of the Information for their own internal purposes or, in the alternative, for a single use for a single specific person who is the End-User's customer.

The End-User shall not:

Distribute, publish or display any material amount of the information by any means, except so that a single specific person can use it as permitted above.

Export or permit the export of any material amount of the Information to a country which is not within the European Economic Area without the express consent of BT.

MARKS: The End-User shall not have any rights to use the BT Marks and shall not make reference to BT or any BT product or service in any promotional or marketing advertising, communications, literature, or packaging.

The End-User shall not alter any copyright or other intellectual property right acknowledgement or confidentiality marking incorporated into or applied to BT's OSIS data or documentation owned by BT.

The Customer shall be responsible for providing and maintaining:

Appropriate Internet connection to access the Service;

Appropriate Internet browser software to access the Service;

Appropriate access controls to ensure the Use of the Service is in accordance with these Terms and Conditions.

The Customer shall pay all Charges as they become due for payment.

Term: The Term of the Service will be dependent upon the particular product purchased and detailed in the Letter of Offer and shall automatically renew on the same terms unless written notice is sent by either party to the other cancelling or amending the original terms.

Charges

In the case of Full Corporate Accounts, all invoices for the Service must be paid by the due date as agreed in the Letter Of Offer or contained within any specific agreement between the Customer and Simunix;

Payment must be paid by either by Cheque, BACS Transfer, Debit or Credit Card via the Secure Online Payment link;

Search credits used in excess of the purchased package will be invoiced in the next invoicing period in accordance with the tariff list in effect at the date of the original purchase.

Access to the Service may be suspended either temporarily or permanently if payment is not received by the due date;

In the event of permanent suspension or termination due to non-payment of the Charges, the Cancellation Charges at the appropriate rate will be levied from the date the Charges became overdue.

Breach of Terms

If the Customer or User breaches any of these Terms and Conditions Simunix may either suspend or terminate the Service at any time:

With immediate effect for a material breach;

With immediate effect if Simunix believes that the Service is being used in an authorised way;

With immediate effect if bankruptcy or insolvency proceedings are brought against the Customer or User, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of the Customer's assets, or the Customer goes into liquidation;

Matters Beyond the Reasonable Control of Simunix

If Simunix is unable to perform any obligation under these Terms and Conditions because of a matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts of local or central Government or other competent authorities or events beyond the reasonable control of its suppliers then Simunix will have no liability to the Customer or User for that failure to perform.

Limitations of Liability

Simunix accepts no liability for any loss whatsoever caused by or attributed to any defect or failure of the Service for whatever reason, including without limitation, the inaccuracy of any portion of the Data.

General

Nothing in these Terms and Conditions affects the parties statutory rights.

If any provision in these Terms and Conditions is held to be invalid or unenforceable, it shall be deemed severed from the Terms and Conditions and this shall not affect the validity or enforceability of the remaining provisions.

Any notice confirming a waiver of a breach of these Terms and Conditions must be in made in writing.

The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.

Contacting by Email

In providing this service, Simunix Ltd gathers information from registered Users including, but not limited to email addresses. By using the service, you grant to Simunix Ltd the right to contact you from time to time with news about our website, and offers from selected third-parties. You also agree that we may pass your personal information to selected partners for the purpose of marketing other websites, goods and/or services to you. By agreeing to these terms and conditions you are granting permission for third parties to contact you in this way. Such third parties are organisations with whom we have established relationships. If you receive offers from third parties, these organisations operate their own policies governing your use of their websites, goods and services and in the use of your personal data you agree that the websites, goods and/or services are provided by third parties on an "as is" basis without any warranties or guarantees from Simunix Ltd. We do not accept responsibility for any damages, errors, omissions, or results obtained from the use of such third party information, goods or services.

Third-party Advertising

From time to time we reserve the right to allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioural advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org

You may manage your Online Behavioural Advertising (OBA) preferences by visiting http://www.networkadvertising.org/managing/opt_out.asp

Cookies Policy

About cookies

Cookies are information packets sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on our website

ukphonebook.com uses the following cookies on this website, for the following purposes:

return_url
Stores the referring URL when the User purchases credits, so we know where to return them to when they are finished.

slsearch/advsearch
Remembers the User's preference for single line/advanced PAF searching.

dontshowagain
Keeps a list of searches the User no longer wishes to see cost notifications for.

Google cookies

ukphonebook.com uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on Users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.

ukphonebook.com occasionally publishes Google Adsense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/.

You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.

Refusing cookies

Most browsers allow you to refuse to accept cookies.

In Internet Explorer, you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.

In Firefox, you can adjust your cookies settings by clicking "Tools", "Options" and "Privacy".

Blocking cookies will have a negative impact upon the usability of some websites.

Intellectual Property

The copyright and all other intellectual property rights in this Service or appears on this Service under the terms of licence agreements between Simunix and the owners of the copyright and other intellectual property rights in that material belong to Simunix.

All rights in this Service and in all material appearing on it are reserved. Permission is given for the downloading and temporary storage of one Result for the sole purpose of viewing the Result on a stand-alone personal computer or monitor. Permanent copying or storage of any Result (or any part of them) or the re-distribution of any Result by any means is not permitted.

The data and information contained on the Service, the software used to operate it and the trademarks, logos and other intellectual property used in connection with it are the property of Simunix. No licence of any such intellectual property rights is granted to you as a result of your use of the Service

Copyright Notice - © Simunix Ltd 2017.