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Terms and Conditions or click here to view in PDF format (get Acrobat)
Acceptable Use Policy or click here to view in PDF format (get Acrobat)
Privacy Policy or click here to view in PDF format (get Acrobat)
Terms and Conditions
1. Definitions
"Customer" the person, corporate or non corporate, providing the Input Data and using the Website to access the Services
"Data Audit" the provision of a free online preliminary checking service against the Customer's Input Data
"Input Data" all items of data and associated materials provided by the Customer to TRG in order that TRG may carry out the services.
"Online Services" the Services which are offered online on TRG's Website
"Order Confirmation" all the details supplied by the Customer requesting TRG to provide the Services
"Output Data"-all items of data (in whatever format) and associated documentation in whatever format) provided by TRG as a part of the Services
"Particulars" the specific terms between TRG and its Customer as set-out on the Website including in the Order Confirmation (as referenced on the Website)
"Price" the Price TRG has specified to the Customer in its proposal or in the Particulars for the supply of the services.
"Services" those services described by TRG in the Particulars, for the avoidance of doubt covering Services both for pay for data services and free online Data Audit services
"TRG" The REaD Group (UK) Limited, which is deemed to include a reference to Meta-morphix Limited, a member of TRG's corporate group (where TRG's ultimate holding company is The REaD Group plc) which powers the Website and acts as TRG's agent on its behalf in operating the Services
"Website" the website www.suppressiononline.com
2. Application of Terms and Conditions
Any and all of the Services shall be provided only on the Terms and Conditions set out herein and in accordance with the Particulars, and the said Terms and Conditions and the Particulars shall together constitute the agreement between TRG and the Customer.
3. Price & Payment
3.1 Unless otherwise specified the Price and any other charges to be made for the Services are exclusive of value added tax (VAT) and together with any/all other taxes or duties are payable by the Customer. If appropriate an amount in respect of them shall be added by TRG to the selected form of payment by Customer.
3.2 The Customer shall pay to TRG the Price and any other specified charges in full without any deduction or set off: (i) if using the online payment system on the Website: and (ii) if not using the online payment services, by invoice within 7 days of the date of the invoice. In either any event TRG may suspend the provision of the Services to the Customer where any amounts are overdue until all such overdue amounts have been paid.
3.3 The Customer shall still be liable to pay the Price in full in the event of a cancellation of the Order Confirmation after the election for payment has been made on the Website by the Customer.
3.4 TRG shall be entitled to charge interest on any overdue amounts up to a rate of 8percent above the prevailing Bank of England base rate both before and after any judgment.
4. Delivery and Performance
4.1 The Customer shall be responsible for delivering to TRG all necessary Input Data in the manner, quantity, form, condition and delivery timescale as set out in the Particulars or in accordance with any instructions provided to the Customer in the Website or in any other way of communication, and: (i) if using the Online Services, to TRG's FTP site; and (ii) if not using the Online Services, to the specified location.
4.2 TRG will endeavour to meet all performance timescales agreed with the Customer but shall be under no liability for any delay caused by the failure of the Customer to fulfil its delivery obligations under clause 4.1
4.3 Reprocessing of data required due to any fault on the part of TRG or any of its staff to exercise reasonable skill and care shall be made at TRG's expense, subject to the Customer making available any Input Data necessary for such reprocessing.
4.4 Reprocessing of any data required or any additional cost or expense incurred by TRG resulting from the failure of the Customer to fulfil its delivery obligations under clause 4.1 shall be borne by the Customer.
4.5 TRG shall be responsible for the delivery of all Output Data to the Customer in the following manner: (i) if via the Online Services, by TRG uploading all Output Data to the web server and providing the Customer with instructions to access the Output Data, and after the receipt by the Customer of such instructions to the Customer and save in the event of default or negligence on behalf of TRG, the Customer shall have sole responsibility to access the Output Data on the web server; and (ii) if not via the Online Services, by TRG delivering the Output Data to the agreed delivery point unless otherwise agreed, and TRG shall charge the Customer for all such deliveries.
5. Liability
5.1 TRG shall carry out the Services with reasonable skill and care. TRG shall not be liable for delays on its part due to system failure and provided it notifies the Customer of same and delivers the Services ordered as soon as reasonably practical thereafter.
5.2 As the information compiled by the Services is based entirely on third party information, no warranty or representation as to the accuracy of such information can be made. TRG shall not be responsible in any event of defect, inaccuracy or problem in relation to the Output Data if Customer fails to notify TRG and in such event Customer shall be deemed to have accepted the said Output Data.
5.3 TRG shall be responsible for death or personal injury to the Customer caused by the negligence of TRG or its employees in the provision of the Services
5.4 Save as provided by clause 5.3 TRG's aggregate liability to the Customer for breach of this agreement, negligence, misrepresentation or otherwise shall be to the Price payable by the Customer for the Services in question. In no circumstances shall TRG be responsible for any consequential loss howsoever arising including without limitation, loss of profits, business or anticipated saving.
5.5 The Customer acknowledges that the Price is calculated by reference to the limits of liability set out in this clause 5.
5.6 Save as expressly provided in this agreement all other conditions, warranties, terms or representations are excluded to extent permitted by law.
6. Data Protection and Standards of Practice
6.1 TRG and the Customer warrant to each other that they hold all necessary registrations, licences and consents including but not limited to those required by law and in particular under the Data Protection Act 1998 and will comply with and shall keep in force all such registration, licences or consents and will produce evidence of the same to the other upon request.
6.2 Each party undertakes that it will in relation to the provision of the Services comply with all the applicable provisions under the Data Protection Act 1998 (including the Data Protection Principles) and any other relevant codes of practice promulgated from time to time by the Direct Marketing Association (UK) Ltd.
6.3 The Customer warrants that none of the activities for which it has engaged the Services of TRG will constitute, involve or facilitate directly or indirectly the commission by TRG of any unlawful or illegal act or any offence (including but without limitation the infringement of any laws relating to defamation, obscenity or indecency or the infringement of the rights of any other person).
6.4 Each party shall indemnify the other against any and all claims, costs, liabilities, penalties or expenses incurred by reason of its failure to comply with the warranties and undertaking given in clauses 6.1, 762 and 6.3 above.
6.5 TRG may at its sole discretion, withhold Output Data or refuse to carry out or complete any activity in connection with any order (and despite TRG's acceptance of an Order Confirmation) if in the reasonable opinion of TRG that activity would involve a breach of any of the provisions of clauses 6.1, 6.2 and 6.3 above. If TRG refuses to carry out or complete any activity in connection with any Order Confirmation on any of the above grounds, the Customer shall reimburse TRG for any costs or expenses incurred by TRG up to the date of such refusal.
7. Intellectual Property Rights and Rights in Data
7.1 All rights (including and without limitation all copyrights and other intellectual property rights) or in relation to computer software, databases, and documents, electronic and non-electronic, created by and for TRG prior to the date of this agreement (hereinafter referred to as Pre-Existing Materials) are and shall remain the property of TRG or its parent, The REaD Group plc (hereinafter referred to as "TRG plc").
7.2 Where pursuant to and pertaining to the term of this agreement TRG creates computer software, databases and documents specifically for the Customer otherwise than by modification of Pre-Existing Materials then all rights (including and without limitation all copyrights and other intellectual property rights) in or relating to such computer software databases or documents shall vest in and be the property of the Customer once the Customer has paid to TRG the Price in full.
7.3 Save as provided in clause 7.4, all rights (including and without limitation all copyrights and other intellectual property rights) in or relating to such computer software databases or documents created by or for TRG after the date of this agreement shall vest in and be the property of TRG.
7.4 Any right title or interest of the Customer in data or other materials supplied by the Customer to TRG pursuant to this agreement shall remain with the Customer. Data held by TRG uniquely for the Customer whether supplied by the Customer or by a third party shall be confidential to the Customer and TRG undertakes to hold the same subject to the provisions of clause 8 hereof. All other data shall be confidential to TRG or TRG plc and if and insofar as the same is disclosed to the Customer the Customer undertakes to hold the same subject to the provisions of clause 8 hereof.
7.5 TRG is the authorised user and licensor of all rights in connection with the Services owned by TRG plc including and without limitation all copyrights and other intellectual property rights and in relation to look and feel of the Website, and the trademarks created by and for TRG or TRG plc prior to the date of this agreement and all such rights are and shall remain the property of TRG or TRG plc.
8. Confidentiality & Non Solicitation
8.1 Each party agrees and undertakes that during the term of this agreement and thereafter it will keep confidential and will not use for its own purpose any proprietary information of the other or without prior written consent of the other party disclose to any third party any information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party, unless such information is public knowledge or already known to such party at the time of disclosure or subsequently becomes public knowledge other than by breach of this agreement or subsequently comes lawfully into the possession of such party from a third party.
8.2 Each of the Customer and TRG undertakes and covenants with the other that during the continuation of this agreement and for a period of 1 year thereafter it will not endeavour to entice away from the other any person who is employed by the other and who is or was engaged in relation to the performance of the provisions of this agreement.
9. Termination
9.1 Save as provided by clause 3.3. either party may terminate the Customer's entitlement to receive the Services pursuant to this agreement at any time by giving not less than 30 days prior written notice in accordance with any specific notice requirements agreed between the two parties or as may be specified in the Particulars for the Services in question
9.2 Notwithstanding clause 9.1, either party may terminate this agreement or the provision of any Services under the agreement immediately by written notice if the other: (i) commits a material breach of any of the terms of this agreement (whether express or implied); or (ii) commits any breach (other than a material breach) of any of the terms of this agreement and has failed to make good any such breach within 14 days of being required to do so by written notice identifying the breach and steps which must be taken to remedy it; or (iii) makes any arrangement with or composition with or arrangement for the benefit of its creditors; or (iv) becomes subject to bankruptcy or insolvency proceedings (including suffering any action for or which may lead to the appointment of a liquidator, administrator, receiver or administrative receiver).
9.3 The giving of notice pursuant to this clause 9 by the Customer does not avoid its liability to pay for any Services already provided or.
10. Force Majeure
TRG shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of Services by TRG being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond TRG's reasonable control, including but not limited to Acts of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant, machinery, systems, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of Services by TRG's normal source of supply or the delivery of the goods by TRG's normal route or means of delivery.
11. Headings
Clause headings used in this document do not form part of it and shall not affect its interpretation.
12. Waiver
Failure by either party to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time thereafter.
13. Notices
Any notice must be given in writing and may be sent by hand, post or fax to the addressee, if to TRG at its registered office and if to the Customer at the last address of the Customer given to TRG for the purpose of entitlement to any of the Services. Notices shall be deemed to have been given if sent by hand when delivered if sent by post four days after posting and if sent by fax when transmitted.
14. Entire Agreement
These terms and conditions together with the Particulars constitute the entire agreement between the two parties and supersede all previous agreements and representations. No variation shall be binding unless made in writing signed by the duly authorised representative(s) of TRG and the Customer (as specified in the Particulars).
15. Governing Law
This agreement shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.
02.04.07
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Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.suppressiononline.com ("our Website"). This Acceptable Use Policy applies to all users of, and visitors to, our Website.
Your use of our Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which form, part of our Terms of Use.
www.suppressiononline.com is a Website owned and operated by The REaD Group (UK) Limited ("we" or "us" or "TRG"). We are registered in England and Wales under company number 04621244 and we have our registered office at St George's House, 15 Pembroke Road, Sevenoaks, Kent TN13 1XR. Our VAT number is VAT number 679 8032 87. Our ultimate holding company is The REaD Group plc and a member of our corporate group, Meta-morphix Limited (company number 3777879, registered office at 7th Floor, New London Bridge House, 25 London Bridge Street, London SE1 9SG), which powers this Website, acts as our agent on our behalf in operating the services we offer on this Website. All references to "we" or "us" or "TRG" are deemed to include a reference to Meta-morphix Limited.
Prohibited uses
You may use our Website only for lawful purposes. You may not use our Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Terms of Use; and
- not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
Interactive services
We may from time to time provide interactive services on our Website, including, without limitation:
- chat rooms;
- bulletin boards; and
- interactive features that may assist in the delivery of our services,
(together the "interactive services").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our Website ("Contributions"), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our Website.
08.01.07
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Privacy Policy
Introduction
The REaD Group (UK) Limited ("we" and "us" or "TRG") is committed to protecting and respecting your privacy.
www.suppressiononline.com is a Website owned and operated by The REaD Group (UK) Limited ("we" or "us" or "TRG"). We are registered in England and Wales under company number 04621244 and we have our registered office at St George's House, 15 Pembroke Road, Sevenoaks, Kent TN13 1XR. Our VAT number is 679 8032 87. Our ultimate holding company is The REaD Group plc and a member of our corporate group, Meta-morphix Limited (company number 3777879, registered office at 7th Floor, New London Bridge House, 25 London Bridge Street, London SE1 9SG), which powers this Website (as defined hereinbelow) acts as our agent on our behalf in operating services we offer on this Website. All references to "we" or "us" or "our" or "TRG" are deemed to include a reference to Meta-morphix Limited.
This policy (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controllers are The REaD Group (UK) Limited and Meta-morphix Limited.
The REaD Group (UK) Limited's nominated representative for the purpose of the Act is the Head of Compliance.
Information we may collect from you
We may collect and process the following data about you:
- information that you provide by filling in forms on our Website www.suppressiononline.com ("our Website"). This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website;
- if you contact us, we may keep a record of that correspondence;
- we may ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
- details of transactions you carry out through our Website and of the fulfilment of your orders; and
- details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Website and to deliver a better and more personalised service. They enable us to:
- estimate our audience size and usage pattern;
- store information about your preferences, and so allow us to customise our Website according to your individual interests;
- speed up your searches; and
- recognise you when you return to our Website
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted (using SSL technology). Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways to:
- ensure that content from our Website is presented in the most effective manner for you and for your computer;
- provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- carry out our obligations arising from any contracts entered into between you and us;
- allow you to participate in interactive features of our service, when you choose to do so; and
- notify you about changes to our service.
We may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post. If you are an existing customer, unless you advise us to the contrary, we will contact you by e-mail or telephone with information about goods and services similar to those which were the subject of a previous sale to you. With your consent we may permit selected third parties to use your data and or provide you with information about goods and services which may be of a similar nature.
If you are a new customer and with your consent we may permit selected third parties to use your data, we (or they) will contact you by email only if you have consented to this.
If at any time you do not wish us to contact you my post or you wish to withdraw your consent for us and or third parties to use your data, or for us to pass your details on to third parties for marketing purposes, please tick the relevant boxes situated on the applicable forms on which we collect your data.
Disclosure of your information
For the purposes of managing your requests and orders and related marketing purposes, we may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the Companies Act 1985, as amended.
We may disclose your personal information to third parties:
- subject to your consent in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- with your consent if all or substantially all of our assets are acquired by a third party, in which case personal data held by it about our customers will be one of the transferred assets; and
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Terms and Conditions of supply and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at contact@suppressiononline.com.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to our Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email.
Contact
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to contact@suppressiononline.com.
08.01.07
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