Terms and Conditions
The paragraphs below set out
our terms and conditions for the TeleGeneration Service supplied by TeleGeneration
Limited ("we" or "us") to you. TeleGeneration Limited
is a company registered in England & Wales (Company Number 4582785)
registered office at Keycom Plc,
University Court,
Staffordshire Technology Park,
Stafford,
ST18 0ES.
By subscribing to the Service you are deemed to have understood and accepted
these terms and conditions in full and agree to abide by them.
1. Registration and Information supplied
1.1. When registering for the Service you agree to supply accurate, true
and up to date information. You must update your details via our website
immediately if there are changes.
1.2. We may use your registration information - or other personal information
submitted by you at another time - in accordance with any purposes for
which your consent is or has been given as part of the process during
which you submit that information.
1.3. We will not disclose your personal information to any third party
without your consent other than as set out above, as required by law or
any competent authority, or as permitted by the Data Protection Act 1998
or as set out in our privacy policy.
1.4. We reserve the right to terminate your account if any of the information
supplied by you is inaccurate, untrue or out-of-date.
2. Access to the Service
2.1. You will be required to use a username and password during the registration
process to enable you to use the Service. You are responsible for maintaining
the confidentiality of the password and are fully responsible for all
activities that occur under the username or password. You will not pass
your username or password or any other code or password that is used to
access the Service to any other person. You agree to immediately notify
us of any unauthorised use of your username or password or any other breach
of security of which you become aware. You will be liable for all losses,
damage, costs or expenses, direct or indirect, howsoever incurred, suffered
by TeleGeneration due to the loss or disclosure of your username or password
to a third party until we receive an email addressed to support@telegeneration.com
informing us of such a loss or disclosure.
2.2. We reserve the right to suspend or restrict the Service if we believe
that your use of the Service is unreasonably excessive for a single connection.
3. Software
3.1 You agree to comply with the terms of any end user license agreement
and any other agreements reasonably required by the owners of any intellectual
property rights in any software provided to you by us. You shall indemnify
us against all claims, liability, damages, costs and expenses, including
legal fees, incurred or suffered by us arising out of any breach of any
such end user license or other similar agreements.
3.2 No warranties are provided by us in respect of the software. You
acknowledge that your sole warranties in respect of the software are those
contained in any end user license agreement (if any).
3.3 You acknowledge that it will be your responsibility to obtain any
upgrades to any software supplied by us.
4. Your Obligations
4.1 You agree to comply with our Acceptable Use Policy (AUP) in respect
of any of the Services. The Acceptable Use Policy can be found here. We
reserve the right to update or change the AUP without notice and your
continued use of the Service will constitute acceptance of these changes.
As stated in the AUP, failure to observe the AUP at any time may result
in the immediate suspension of the Service without notice and the loss
of any email, web content or related data or information stored at, or
transiting, the service.
4.2 You agree to pay the charges for the Services as set out on the TeleGeneration
website.
5. The Service Generally
5.1 You acknowledge that the content available on the Services may be
incomplete, out of date or inaccurate and is provided on an "as-is"
basis. You accept that we will not be liable for any action you take in
reliance on the content contained within the services.
5.2 The Service is provided on an "as available" basis and
we make no warranty or representation, whether express or implied, that
the Service will meet your requirements or will be uninterrupted, timely,
secure or error-free. In particular, we make no warranty as to the Service's
completeness, accuracy, satisfactory quality or fitness for a particular
purpose.
5.3 We reserve the right to modify or temporarily suspend the Service
or any part of it without notice to you for the maintenance or technical
repair or enhancement of the Service. We will use our reasonable endeavours
to maintain an uninterrupted service but you will not be eligible for
any compensation if you cannot use the Service at any time or for any
period of time due to any failure or suspension of the Service.
5.4 No warranty is given by us as to results that may be obtained or
the accuracy, completeness or timeliness of any information obtained through
the Service including the TeleGeneration website and to the maximum extent
permitted by the law, we expressly disclaim and exclude any and all warranties,
conditions and other terms of any kind, whether express or implied not
expressly set out in there terms and conditions, including without limitation,
warranties of satisfactory quality, merchantability, fitness for a particular
purpose or of non-infringement with respect to the content of the TeleGeneration
website or any material or contents of any third party website whether
or not the TeleGeneration website links to that material or website.
5.5 Your dealings with, and interest in, promotions, services, or merchants
found on or via the TeleGeneration Website, unless explicitly stated by
us, are solely between you and the person with whom you are dealing. Should
any dispute arise between you and them, we will use our reasonable endeavours
to help you resolve the situation, but we will not be responsible for
any losses or damages that may arise from any such dealings.
5.6 We will not be responsible or liable for the content of information
transmitted by you on the Services and are not responsible for the accuracy
and/or functionality of such information. We shall be under no obligation
whatsoever to monitor or review any content contained on the Server belonging
to you.
5.7 We have no control over the content of material accessed through
the Services. We will not be responsible or held liable in any way for
any content, including its accuracy or quality, available on the internet.
6. Limitation of Liability & Indemnity
6.1 We shall not be liable for any indirect, special or consequential
losses you may suffer arising from or in any way connected with the Service
or us. Nor in any circumstances will we be liable for any loss of business,
profits, business interruption, information or loss of data, or any other
pecuniary loss whatsoever (even where we have been advised of the possibility
of such loss or damage). We shall not be liable for any loss or damage
suffered as a result of any virus or other hostile computer program being
introduced, denial of service, spamming or hacking.
6.2 We are not liable for any use you make of the Service, nor for any
content which you may send or receive using the Service, nor for any charges
that you incur with any third party or for any transactions entered into
through the Service, including the TeleGeneration website.
6.3 You agree to indemnify us against all claims, liability, damages,
costs and expenses, including legal fees, incurred or suffered by us arising
out of any breach of these Terms and Conditions, the AUP or your use of
the Service.
7. Termination
7.1 If you wish to terminate your contract with us you must notify us
by selecting the termination option on the TeleGeneration website. Termination
of the Contract will occur on the next payment date for the Service. Any
amounts already paid by you for the Service will not be refunded.
7.2 We may terminate the Service and your contract with us immediately
where:
(a) you breach any of the terms and conditions contained in this agreement;
(b) you breach the AUP; or
(c) you fail to pay any charges due to us.
7.3 Once you use the Service, or any part of it, you will not have the
right under regulation 10 of the Consumer Protection (Distance Selling)
Regulations 2000 to cancel your contract within 7 days of entering into
it.
8. General legal clauses
8.1 These Terms and Conditions constitute the entire agreement between
us with respect to their subject matter.
8.2 We may modify the Terms and Conditions at any time, such modifications
becoming effective immediately upon posting on the TeleGeneration Website
or by us notifying you by email of the changes. You may stop using any
part of the Service at that time. By continuing to use the Service following
any such modification you will be deemed to accept such modification.
8.3 Any waiver by us of any of our rights shall not prevent us from bringing
any proceeding and will not be construed as a waiver of any succeeding
breach of any provision by you.
8.4 Any decision we make in relation to TeleGeneration, these Terms and
Conditions or the AUP shall be final.
8.5 If any part of these Terms and Conditions or the AUP shall be held
to be invalid or unenforceable, this shall not affect the enforceability
of any other provision of these Terms and Conditions or the AUP.
8.6 These Terms and Conditions and all other legal relationships between
us shall be governed by English law, and are subject to the exclusive
jurisdiction of the English courts.
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