Terms and Conditions
To buy credit reports you must agree to the following terms and conditions:
Terms and Conditions If you use the ykcreditcheck.co.uk (or ykcreditcheck.com) website (the "Website") you agree to be bound by these terms and conditions. 1. Definitions In these terms and conditions, "we", "us", and the licensee means ykcreditcheck.co.uk (or ykcreditcheck.com), which is a trading name of Yuill & Kyle Solicitors, 79 West Regent Street, Glasgow, G2 2AR. 2. Access to the Website and content 2.1 The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice. 2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time. 2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time. 2.4 We assume no responsibility for the contents of any other websites to which the Website has links. 3. Intellectual Property 3.1 You shall retain ownership of all copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner. 4. Exclusions of liability 4.1 The information provided to you in any credit report is for information purposes only and not to be construed as offering any legal advice. 4.2 Without prejudice to 4.1 hereof we use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions. 4.3 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, delict (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law. 4.4 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology. 4.5 Without prejudice to the foregoing we shall have the benefit of all limitations of liability contained in clause 12 hereof subject always to our having no liability for any matters described in clause 12.3 (b) hereof. 5. User name and password 5.1 On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable. 5.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately. 5.3 You may not adapt or circumvent the systems in place in connection with the Website nor access the Website other than through normal operations. 6. Payment 6.1 If being invoiced for a report, you shall pay within 30 days of receipt of an invoice from us, any registration or periodic fees, connect time charges, minimum charges and other charges incurred by you at the rates in effect when such charges are incurred. You shall also pay all applicable taxes related to charges made for the use of the Website at the same time. 6.2 If you fail to pay us within the time stipulated above, we shall be entitled to charge you interest at 8% above the base rate, as well as collection costs. Such interest shall accrue daily and be compounded monthly. In addition, we may suspend your access to and use of the Website. 7. Data protection 7.1 We are committed to protecting your privacy. We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website. We may also use it to tell you about changes in our services or about features we think you'll find interesting. We do not sell, trade or rent your personal information to others. We may choose to do so in the future with trustworthy third parties. By registering with us, you are deemed to have consented to use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an e-mail message to scowan@yuill-kyle.co.uk. 7.2 Under the UK Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. 7.3 You may edit your personal information at any time. 8. Right to cancel and refunds 8.1 Since the goods purchased on this site are personalised to your requirements, refunds will only be given at the discretion of the Company Management. 9. Cookies 9.1 A cookie is a small text file written to your hard drive that contains information about you. Cookies do not contain any personal information about users. Once you close your browser, the cookie simply terminates. We use cookies so that we can personalise your experience of the Website. If you set up your browser to reject the cookie, you may still use the Website. Some of our business partners may use cookies on our site (for example, advertisers). We have no access to or control over these cookies. 10. Termination 10.1 We may terminate your access to the Website and the services within it on not less than three days' written notice to you. 10.2 All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement for any reason. 11. General 11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. 11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website. 12. You and we agree that ICC Information Ltd, incorporated under the Companies Act of Field House, 72 Oldfield Road, Hampton, Middlesex (hereinafter referred to as 'ICC') have relied upon and will have full benefit to enforce all of the provisions of these terms and conditions which have a bearing on the use of their information and on their rights and liabilities arising out of such use, including but not limited to clause 12.1, 12.2, and 12.3. 12.1 "YOU", "ICC" AND THE TERMS THAT APPLY (a) In these Terms and Conditions, "You" means a person whose name and address have been provided to ICC Information Ltd ("ICC") for billing purposes and who has been provided with a user name and password (Your "Identity") for use with Juniper. If Juniper is accessed by using Your Identity, You will be deemed to have authorised that access, on the basis of the Terms & Conditions prevailing at that time. Either You, Licensee or ICC may revoke Your Identity, to terminate further use of it to access Juniper, at any time; you should do so by giving notice to Licensee by post or fax. Following ICC's receipt of notice from Licensee You will cease to be liable for any further charges arising from use of that ID. (b) These Terms and Conditions will apply to every access to Juniper by means of Your Identity, but ICC reserves the right to issue revisions to this Agreement by publishing a revised version of this document on this site: that version will then apply to all use by You following the date of publication. Each purchase from Juniper will be a separate, discrete transaction based on the then prevailing terms. (c) Any service messages which may occasionally be published (other than price and product revisions) and any statements or timings provided by any helpdesk staff or help menu are intended for informal guidance only and do not form part of Your contract with us or Licensee. 12.2 COPYRIGHT AND DATABASE LICENCE (a) ICC warrants and You accept that ICC is, or is duly licensed by, the owner of the copyright in the reports available to You from time to time through Juniper ("Reports"). (b) ICC grants You a non-exclusive, non-transferable licence to use, copy and abstract information from the Reports, subject to the condition that you ensure that you (i) interpret the information obtained from the Reports in accordance with the definitions and explanations of terms which are provided in the website. (ii) treat as strictly private and confidential all information from the Reports and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. (iii) use information obtained from the Reports only for Your own private use and for the internal purposes of Your business; in no event may You cause or permit any part of a Report to be reproduced in any form (whether as a duplicate or in condensed, selective or tabulated form) for or provided to another party, whether for resale or otherwise. 12.3 DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY (a) ICC aspires to the highest quality standards in the industry, but no database of such size and complexity should claim to be entirely error free. You should therefore use Juniper with caution and not base important business decisions on a Report alone, without independent verification. ICC and its contributors make no representation or warranty and assume no contractual responsibility or obligation of care to You or any other party as to uninterrupted availability of Juniper or the satisfactory quality or fitness for purpose, accuracy or currency of any information obtained from any Report. ICC and its contractors and contributors accept no liability for any direct loss or damage, other than that arising from a malicious act by any of them or their employees, which is attributable to any error or omission in the Juniper database or the functionalities provided with Juniper or for any indirect or consequential loss or damage howsoever arising. However, ICC and its contributors do not seek to limit their liability for death or personal injury caused by their negligence. b) In the event that a judgement be awarded against ICC or a contributor in respect of any matter arising out of your use of Juniper (other than in the case of death or personal injury as above) ICC's maximum liability to You or anyone claiming through You, whether in delict, tort or contract, arising out of any one incident or series of connected incidents will be limited to a total sum of £2,000 or three times the cost of all Reports You have purchased from Juniper through Licensee, whichever is the higher. (c) By their very nature, some of the facts or opinions You receive from Juniper may be open to dispute, particularly by the subject company or its directors, or considered damaging or defamatory. If You breach any term of the licence in Clause 2 above, You agree to indemnify in full ICC, and its contractors and contributors against all liabilities, claims, costs and expenses which any of them may incur as a result. 13. Governing law 13.1 These terms are governed by and to be construed in accordance with Scots Law. 13.2 Any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.
Terms and Conditions
