TERMS
AND CONDITIONS
OFFICE CHAT WEBSITE TERMS AND CONDITIONS
OF USE
Office Chat is owned by Program IT (UK)
Limited who welcomes you.
1. TERMS AND CONDITIONS OF USE
These Terms govern your use of this Website. Please read these Terms carefully.
If you do not agree with any of the Terms do not use this Website. If
you continue to use this website you will be deemed to have accepted these
terms and conditions.
2. USE OF MATERIALS
2.1 For the purposes of these Terms and
Conditions, "materials" means material including, without limitation,
text, video, graphics and sound material, published on Office Chat whether
copyright Program IT (UK) Limited or a third party.
2.2 You may download and print extracts
from the materials for your own personal non-commercial use only.
2.3 You may make an electronically stored,
transient copy of the extracts from the materials for the purpose of viewing
it while connected to the Internet only.
2.4 You may only make one copy of any
extracts from the materials.
2.5 Except as otherwise stated above,
the materials may not be copied, reproduced, reformatted, distributed,
emailed, faxed, republished, downloaded, displayed, posted or transmitted
in any form whatsoever, or by any means, without explicit written permission
of Program IT (UK) Limited.
2.6 You may not display, distribute, or
copy any of the materials to any third party. This includes, but is not
limited to, "caching" or "mirroring" any materials
for access by third parties.
2.7 Program IT (UK) Limited may be prepared
to allow you to distribute or reproduce parts of the materials in certain
circumstances. Please email Office Chat if you wish to apply for permission
to do so.
3. COPYRIGHT
3.1 Unless otherwise stated, the copyright in the materials are owned
by or licensed to Program IT (UK) Limited. All rights reserved.
4. DATA PROTECTION ACT
4.1 Program IT (UK) Limited agrees to comply with all relevant legislation
including all provisions of the Data Protection Act 1998.
4.2 Unless you have indicated that you
do not wish to receive direct marketing material, your personal details
will be included on a database compiled for direct marketing purposes.
From time to time you may receive direct marketing information, either
from us or from third parties.
4.3 If you have not indicated that you
do not wish to receive direct marketing material, but change your mind
about this, you should notify Program IT (UK) Limited. As soon after this
as is reasonably practicable, we will remove your name from the direct
marketing database
4.4 By agreeing to these Terms, you consent
to information about you being collected and held by Program IT (UK) Limited.
Please see our privacy policy.
5. YOUR OBLIGATIONS
5.1 You undertake to ensure that all information provided to an advertiser
on this Website either directly or indirectly is in all respects, true
and accurate and not misleading or deceptive or unlawful. You undertake
to indemnify Program IT (UK) Limited in respect of any failure to do so.
5.2 You expressly warrant that you are
over 18 years of age and are a United Kingdom resident.
5.3 You must not rely on any materials
we have published on Office Chat without first taking specialist professional
advice.
6. DISCLAIMER OF LIABILITY
6.1 Program IT (UK) Limited does not accept any responsibility for any
statement in the materials. . Nothing in the material is provided for
any specific purpose or at the request of any particular person.
6.2 Program IT (UK) Limited does not accept
any responsibility liable for any loss caused as a result of your doing,
or not doing, anything as a result of viewing, reading or listening to
or inability to use the materials or any part of it.
6.3 The materials may contain technical
inaccuracies and/or typographical errors, may be updated from time to
time and may sometimes be out of date. Office Chat accepts no responsibility
as to the accuracy, completeness or fitness for any purpose of any materials
on, or the reliability of access to this Website (or any website that
is, or may become, linked to this Website). Program IT (UK) Limited accepts
no responsibility for keeping materials up-to-date or any liability resulting
from its failure to do so.
6.4 Program IT (UK) Limited shall have
no liability for any lost data.
6.5 Program IT (UK) Limited reserves the
right, at its discretion, to remove/delete any data.
6.6 You can access other sites via links
from Office Chat. These sites are not under our control and Program IT
(UK) Limited is not responsible in any way for any of their contents.
7. WARRANTIES AND REPRESENTATIONS
Program IT (UK) Limited makes no warranty or representation:
7.1 that it has verified any of the materials on this Website (or any
website that is, or may become, linked to this Website) or has vetted
any advertiser either as to their status or bona fides;
7.2 that any of the materials on this Website (or any website that is,
or may become, linked to this Website) is free from any computer viruses,
"cookies", or any other malicious or impairing computer programmes.
You must take your own precautions in this respect as Program IT (UK)
Limited accept no responsibility in this respect.
8. THIRD PARTY MATERIALS
You will see advertising material submitted
by third parties on Office Chat. Individual advertisers are solely responsible
for the content of advertising material which they submit to Office Chat,
including ensuring that it complies with all the relevant legislation.
Program IT (UK) Limited accept no responsibility for the content of advertising
material, including, without limitation, any error, omission or inaccuracy
therein.
If you want to advertise on Office Chat,
please e-mail Program IT (UK) Limited
9. GOVERNING LAW AND JURISDICTION
The use of this Website and these Terms shall be governed by, and construed
in accordance with, the laws of England and each party irrevocably submits
to the exclusive jurisdiction of the English courts.
10. CONTRACTING PARTY
Office Chat is a trading name of Program IT (UK) Limited, registered office
Newenden, Croft Road, Hastings, Sussex.
11. ADVERTISER TERMS & CONDITIONS
These Terms are deemed accepted by the
Advertiser when the Services of Office Chat have been accessed or ordered
by the Advertiser.
11.1 DEFINITIONS
The "Advertiser" includes, without limitation, any person using
and purchasing the Services.
The "Advertisement" includes, without limitation, any materials
placed on or linking to the website by or on behalf of the advertiser.
The "Person" includes, without limitation, consultants, employers,
recruitment consultancies, employment agencies and advertising agencies
using the system to place advertisements or materials.
In the circumstance of any agency acting on behalf of one of their own
clients, Office Chat will charge the agency, and not the agency's client.
The "Applicant" includes, without limitation, means any person
applying to any materials advertised on the Website.
The "Services" means the service provided by Program IT (UK)
Limited of placing advertising or materials on the Website.
The "Website" means any electronic service provided by Office
Chat or connecting to it in any manner.
11.2 OBLIGATIONS OF Program IT (UK)
Limited
Program IT (UK) Limited agrees to use its reasonable endeavours to enable
Applicants the facility of viewing the adverts of Advertisers on the Website.
11.3. OBLIGATIONS OF THE ADVERTISER
11.3.1 The Advertiser undertakes to use all reasonable precautions against
access of the Website by any unauthorised persons including, without limitation,
the use of user names and passwords and the securing of information relating
to communications between Advertisers' hardware and the Website.
11.3.2 The Advertiser undertakes to comply with the provisions of the
Data Protection Act 1998 and any other relevant legislation with regard
to any Applicant information received by it and in particular to keep
such information confidential.
11.3.3 The Advertiser is responsible for ensuring that the content of
any advertisement is not discriminatory, obscene, defamatory, or in any
other way illegal or in breach of any legislation.
11.3.4 The Advertiser agrees to comply with all relevant industry Codes
of Practice.
11.3.5 The Advertiser acknowledges that it is not vested with any proprietary
rights in respect of the Website, or any information submitted by any
Applicant or derived from any applicant.
11.3.6 The Advertiser shall indemnify Program IT (UK) Limited against
all claims made by third parties in respect of the misuse of data supplied
to the Advertiser.
11.3.7 The Advertiser shall ensure that the Applicant is fully aware of
any conditions imposed by law which must be satisfied by the Applicant.
11.4 RATES
The advertising rates shall be those rates as agreed between Program IT
(UK) Limited and the Advertiser from time to time.
11.5 PAYMENT
11.5.1 Payment in respect of the advertisement is due in advance of publication
except where Program IT (UK) Limited has confirmed its agreement in writing
to allow credit to the Advertiser. In this case the due time for payment
shall be no later than 2.00pm if (i) the Advertiser is a recognised agency
under the Joint
Recognition Scheme of the Newspaper Publishers Association Limited and
the Newspaper Society, on the last working day of the month following
that in which the advertisement appeared; or (ii) in any other case, on
the last working day prior to the 16th day following the end of the month
in which the advertisement appeared. Full details of each remittance are
to be supplied to Program IT (UK) Limited by the due time.
11.5.2 Payment shall mean (i) the receipt
by Program IT (UK) Limited at its principal place of business (or elsewhere
as it may direct) of cash or a cheque subsequently honoured or at its
bank of moneys transferred electronically or through the clearing bank's
giro credit system; or (ii) payment by credit card.
11.5.3 If the Advertiser fails to make
any payment by the due time then all moneys owing by the Advertiser to
Program IT (UK) Limited shall immediately become due and payable and the
provisions of clause 11.5.6(b) shall forthwith apply to such moneys.
11.5.4 It is Program IT (UK) Limited's
practice to provide an invoice for each advertisement. Open item statements
are provided to each Advertiser to whom credit is extended at the beginning
of each month in which payment is due.
11.5.5 Liability for payment arises from
publication of the advertisement. Further, all items on the statement
are deemed to be payable, any errors or omissions must be communicated
to Program IT (UK) Limited in time to be rectified before payment becomes
due. Payment for the advertisement shall be made as aforesaid whether
or not the Advertiser provided Program IT (UK) Limited with an order number
at the time the advertisement was booked.
11.5.6 The Advertiser agrees to pay to
Program IT (UK) Limited in respect of each advertisement for which payment
is not made by the due time: a) the sum of £30.00 as an administration
charge; and b) interest on the amount paid late at the rate of 7% per
annum above the base rate of National Westminster Bank PLC accruing from
day to day (including the date on which payment was due) both before and
after judgement.
11.6 ADVERTISEMENTS
11.6.1 The Advertiser may cancel an advertisement before the advertisement
has completed its term, but shall not be entitled to a refund for the
time not used.
11.6.2 The Advertiser may extend the term of an advertisement at the agreed
rate.
11.6.3 The Advertiser may purchase advertising slots available over an
agreed period of time and in respect of which there may be an agreed level
of updates (ie replacement advertisements for that slot).
11.6.4 Program IT (UK) Limited reserves the absolute right, without giving
any reasons, to decline, cancel or remove any advertisement for any reason
and at any time without prior notice.
11.6.6 Program IT (UK) Limited will use its reasonable endeavours to publish
the advertisement on the agreed publication date.
11.6.7 Program IT (UK) Limited does not accept liability for any consequences,
howsoever arising, due to error or delay in provision of the advertisement.
11.7 LIABILITY
11.7.1 Program IT (UK) Limited does not verify or guarantee any Applicant's
details whether forwarded to Advertiser via Program IT (UK) Limited or
otherwise. Program IT (UK) Limited accepts no responsibility as to the
suitability of Applicants who respond to Advertisements.
11.7.2 The Advertiser shall satisfy itself as to the suitability of any
Applicant and any reference information provided about or from the applicant.
11.7.4 Program IT (UK) Limited does not accept liability of any description,
including liability for negligence (except for personal injury or death),
or any damages or losses (including, but without limitation to, indirect
or consequential loss, or loss of business, revenue, profits, use or opportunity)
howsoever resulting from Advertiser's use of (or inability to use) this
Website. 11.7.5 Program IT (UK) Limited makes no warranty that this Website
is free from computer viruses, "cookies", or any other malicious
or impairing computer programmes.
11.7.6 Program IT (UK) Limited makes no warranty that this Website will
operate uninterrupted and error-free.
11.7.7 Program IT (UK) Limited does not accept liability, of any description,
however arising, for any loss or damage caused to any Advertiser, or any
other third party, arising from any virus or other impairing computer
program contained in any materials submitted by any Applicant.
11.8. INDEMNITY
The Advertiser agrees to indemnify and to keep indemnified, Program IT
(UK) Limited in respect of, but not limited to, all damages, costs or
liabilities that Program IT (UK) Limited may incur arising from an Advertiser's
advertisement, and in particular resulting from but not limited to the
following:
11.8.1 the publication of any defamatory statement;
11.8.2 breach of copyright;
11.8.3 any claims made by any person in respect of race, religion, age,
sex or disability discrimination.
12. REVISION
Program IT (UK) Limited hereby reserves the right to revise these Terms
at any time. Please ensure that you review these terms and conditions
regularly. You will be deemed to have accepted a variation if you continue
to use the site after a variation has been posted.
13. Force majeure
Although we will do our best to provide
constant, uninterrupted access to Office Chat, we do not guarantee this.
We accept no responsibility or liability for any interruption or delay.
© Program IT (UK) Limited 2004
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