Terms and Conditions
In this Contract the following terms have the definitions shown next to them:
"Simunix" means Simunix Limited of the IT Centre, York Science Park, York YO10 5DG, registered in England No. 3694982. Tel. +44 (0)1904 567765
"Automated Searching" means any system that is designed to submit multiple searches to the service that have not been initiated by human intervention
"Contract" means these Conditions.
"Credit" means a single, notional unit associated with access to the Service which the End User must purchase in advance and maintain a positive balance in order to access the Service
"Customer" means the End-User of the Service or a company acting on behalf of the End-User
"Data" means the name, address, telephone number and or any information made available by the Service
"End User" means the person or organisation that will access the Service and has exclusive use of the Application Program Interface key provided by Simunix
"Service" means the data querying, lookup and validation services offered at http://t2a.co
2. Provision of the service
2.1 Simunix provides the Service to the Customer on these Terms and Conditions and use of the Service will be deemed as the Customer's acceptance of these Terms and Conditions.
2.2 Simunix will provide the Service with reasonable skill and care.
2.3 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.
2.4 Simunix does not warrant that the Data is free from errors or omissions.
2.5 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.
3. Use of the service
3.1 The Service is used by means of an exclusive Application Program Interface key provided by Simunix and it is the responsibility of the End User to maintain a positive balance of Credits associated with their account to ensure uninterrupted access. Credits are purchased from Simunix in advance according to the pricing structure published on the T2A website. These credits will expire 12 months after the purchase date.
3.2 Depending on the specific function of the Service that is use, it may be necessary for the End User to purchase an annual access license from one of the third-part data providers. Simunix will act as a reseller on behalf of the third-party data provider and provide a quotation in advance of the Service being used for any additional required licenses.
3.3 The Service must not be used in any way that does not comply with current United Kingdom or European Union data protection legislation or is in any way unlawful
3.4 The Customer must not:
(a) Engage in any form of Automated Searching or attempt to bulk-download information from the Service.
(b) use the Service as the sole source for generating mailing or address lists for direct marketing or other marketing purposes
3.5 The Customer acknowledges that there may be implications under current Data Protection legislation if individual telephone numbers are added to a database and permanently stored.
3.6 The Customer must not use the Service or the Data provided for any purpose except for its own internal use and in accordance with these terms and conditions.
3.7 For the avoidance of doubt, the provisions of this paragraph 3 are not intended to prevent the Customer recording any individual item of Data, or disclosing any individual item of Data for its own internal use.
3.8 The Customer will comply with all reasonable instructions which Simunix may give from time to time regarding the use of the Service.
3.9 The Customer hereby indemnifies Simunix against any claims or legal proceedings which are brought or threatened against Simunix by a third party because the Service is used in breach of paragraph 3.
4. Intellectual property rights
4.1 Where software is provided to enable the Customer to use the Service, Simunix grants the Customer a non-exclusive, non-transferable licence to use the software for that purpose.
4.2 The Customer will not, without Simunix's prior written consent, copy or (except as permitted by law) decompile or modify the software, nor copy the manuals or documentation.
4.3 The Customer will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.
4.4 The Customer is not entitled to use any registered or unregistered trade mark, service mark or logo belonging to Simunix, nor to imply or infer any association with, connection to, authority from or approval by Simunix.
4.5 You will receive, are receiving or have 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. You 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 your own private or internal use.
4.6 You will acknowledge your understanding and acceptance of the following special British Telecom plc (BT) Terms and Conditions of use;
Start of BT conditions of use
OBLIGATIONS OF THE CUSTOMER (End-User) TO BT Wholesale Directory Solutions: (Guidline 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;
The End-user shall not:
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.
End of BT conditions of use
4.7 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.
5. Intellectual property rights indemnities
5.1 Simunix will indemnify the Customer against all claims and proceedings arising from infringement of any intellectual property rights by reason of Simunix's provision of the Service to the Customer. As a condition of this indemnity the Customer must:
(a) notify Simunix promptly in writing of any allegation of infringement;
(b) make no admission relating to the infringement;
(c) allow Simunix to conduct all negotiations and proceedings and give Simunix all reasonable assistance in doing so (Simunix will pay the Customer's reasonable expenses for such assistance); and
(d) allow Simunix to modify the Service, or any item provided as part of the Service, so as to avoid the infringement, provided that the modification does not materially affect the performance of the Service.
5.2 The indemnity in paragraph 5.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment, software or services not supplied by Simunix or to infringements caused by designs or specifications made by, or on behalf of, the Customer. The Customer will indemnify Simunix against all claims, proceedings and expenses arising from such infringements.
The limitations and exclusions of liability contained in paragraph 6 do not apply to this paragraph.
6. Limits of liability
6.1 Simunix accepts unlimited liability for death or personal injury resulting from its negligence.
6.2 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.
7. Matters beyond the reasonable control of Simunix
If Simunix is unable to perform any obligation under this Contract 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 Simunix's suppliers then Simunix will have no liability to the Customer for that failure to perform.
8. Termination of this contract or the service
Simunix may immediately terminate this Contract or suspend the Service either temporally or indefinitely at any time without any reference to the Customer if the Service is used in such a way as to be in clear breach of these terms and conditions.
9. Change to this contract
Simunix may from time to time wish to change the Conditions of this Contract due to outside circumstances beyond its control. Simunix will give the Customer notice of the changes by email message.
10. Transferring this contract
The Customer may not transfer or attempt to transfer this Contract, or any part of it, to any other party.
11. Entire agreement
This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
12. Third party rights
The parties agree that the terms of this Contract are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
13. Applicable law
This Contract is governed by the law of England and Wales and both parties submit to the non-exclusive jurisdiction of the English Courts.
14. Refunds of Purchased Search Credits
Purchased search credits are non-refundable.