Touch Community Portal Terms of Use
The Community Portal is managed and owned by Touch (GoE) plc ("Touch").
Welcome to this website (www.touchplaza.com ). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Website. Please read this page carefully. BY ACCESSING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not accept any of the Terms stated here, do not use the Website. Touch may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications. We will usually place a notice on our home page when significant changes have been made, for a period of one month.
Please read all of these Terms, but note especially that WE DO NOT ENDORSE AND CANNOT ACCEPT ANY RESPONSIBILITY FOR THE BUSINESSES LISTED ON THIS WEBSITE OR THEIR CONDUCT, PRODUCTS OR SERVICES. It is your task alone to identify and evaluate the businesses you deal with and satisfy yourself that they are reputable and suitable.
Item A: Ownership of the Website, and Uses Permitted and Prohibited.
The contents of this Website, including but not limited to text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other laws. The compilation of the content on this Website is the exclusive property of Touch and is protected by United Kingdom and international copyright and database right laws
Touch authorises you to view the Material on the Website solely for your personal, non-commercial use. This means you may not do anything with the details of any business other than use those details to identify and/or contact the business in order for you to buy goods or services from them. (The only exception to the requirement that your use be non-commercial is that if you represent a business that is listed on the Website, you may access the Website to verify the data held about your business or seek to buy other services from Touch.) You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material (or extract or reutilize any substantial parts of it) in any way (including by use of any automated means) for any public or commercial purpose without written submission to Touch explaining your intended activities and objectives honestly and fully, and a written reply from Touch granting permission. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made. You agree that any profit or other gain made by use of Materials contrary to these terms is held on trust for Touch absolutely, and you will do everything necessary to transfer to Touch all such gains.
Item B: No Assurances as to Accuracy, Reliability, Suitability etc.
The Community Portal Website and materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Touch disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Touch make no warranties about the accuracy, completeness, reliability or timeliness of the material and links presented on the Website.
Touch does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Touch is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. The Community Portal contains materials provided by third parties, and likewise Touch will not be held responsible for any such third party material.
Touch makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Website from outside of the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
Item C: Disclaimer of Damages & Limitation of Liability
Your use of Interactive Community Portal is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Website or with these Terms and Conditions, our Privacy Policy or any other policies, your sole remedy is to discontinue use of the Website.
Other than liability which we cannot by law disclaim (for example, for personal injury or death caused by Touch's negligence), in no event shall Touch be liable to any user or other third party for any damages resulting from any use of (or inability to use) the Website, the Materials or any link to another website. To the fullest extent permitted by law, we disclaim liability for loss, whether direct, indirect, incidental, special, or consequential loss, loss of business, profit or goodwill, loss of data or exemplary damages, and whether the relevant claim of liability is based on warranty, contract, tort (including negligence), common law or statute, and regardless of whether Touch is advised of the possibility of such damages. Where we must accept liability for loss, but are allowed by law to impose a limit on that loss, we hereby limit that loss to £50 in total for any user, regardless of the number of events giving rise to loss.
Complaints: Where you make contact with or do business with another entity by using this Website, and have any complaint to make, you agree to make it directly to that business concerned. If you choose to notify us, we may take such action as we deem appropriate but do not assume any obligation to take any action at all. The only exception to this is that where despite all reasonable efforts you cannot locate the entity you have dealt with, and have good reason to suspect fraud, and you contact us with full details of the events concerned, we will disclose to you such further information if any as we may hold which we think will enable you to identify the entity concerned.
Item D: Public & User Submissions
The Community Portal includes postings, listings, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Touch has no responsibility for such content and is merely providing access to such content as a service to you. While Touch will endeavour to remove from the Website any content which Touch in good faith considers offensive or harmful, as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. WE EXPECT YOU TO USE CAUTION AND COMMON SENSE AND EXERCISE GOOD JUDGMENT WHEN USING THE MATERIAL ON THE WEBSITE.
Item E: User Responsibilities & Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. (In these Terms, to 'post' includes to publish, post, insert, transmit, upload, distribute or disseminate or offer to do the same or help others do it, and 'posting' has a corresponding meaning.) You agree to use the Community Portal only to post materials that are:
legal, proper, decent, honest, complete, accurate and not misleading or deceptive, and that comply with all relevant codes including, without limitation, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority;
mot an advertisement under the Financial Services Act 1986;
related to the purposes of this geographic community.
You agree that when using this Website, you will not:
Defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Post any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful material or information. (Note that if something you Post damages someone's reputation, the law of defamation places the onus on you to prove your statement true.)
Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or can demonstrate that you have the permission of the owner to post or transmit such material.
Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the integrity or operation of the computers, software or data of Touch or any user or third party.
Advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Website intended for such uses.
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
Restrict or inhibit any other user from using and enjoying the use of the Website.
Conduct or forward competitions, surveys or chain letters.
Hack into any part of the Website, or try to.
Send any unsolicited advertisement or other promotional material i.e. spam.
Commit, assist or encourage a criminal offence.
You agree that when contacting any business as a result of using this Website (including when contacting them via any free telephone call service offered on this Website), you will not make that contact:
in order to solicit business yourself or for anyone else.
in order to test the service.
for any reason other than to enquire about the products and services advertised by that business.
Please note that under our PRIVACY POLICY [ADD LINK HERE], we have certain rights to use or disclose information about you in connection with breach of the above restrictions.
Item F: No Obligation to Monitor Content
Touch does not control or endorse and is not responsible for the information posted by registered Members, and has no obligation to monitor postings. However, Touch reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Touch's sole discretion.
Touch does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information posted by third parties, or endorse any opinions expressed by them. This applies even if we happen to have edited or monitored the relevant material, because it is not practicable for our staff to do more than correct manifest errors or errors notified to us. You acknowledge that any reliance on material so posted will be at your own risk.
If Touch is notified by a user of content which allegedly does not conform to any term of this Agreement, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Touch will have no liability or responsibility for performance or non-performance of such investigation. Touch reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
Item G: Procedure for Notifying Infringement of Third Party Rights
Touch may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes on the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide Touch with a written notice - by postal mail, e-mail, or FAX - that includes the following information:
The signature (electronic or physical) of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
A description of where the material in question is located on the Website.
Your mailing address, telephone number, and email address
A statement by you that you believe in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
For purposes of such notice, Touch's address for notice is as follows:
Touch Community Portal,
Touch (GoE) plc
8th Floor, Cardinal Tower,
Farringdon Road, London
EC1M 3NN
Phone: 020 7452 5300
Fax: 020 7452 5301
Email: info@touchplc.com
Item H: Links to Other Websites
The Community Portal contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Touch of the contents on such third-party websites. Touch is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.
Item I: Indemnity
You agree to defend, indemnify and hold harmless the Community Portal, Touch, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material, any Posting of yours, or your breach of the terms of this Agreement. Touch will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. This indemnity shall survive termination of the Agreement.
Item J: Termination
Touch may terminate your right to use or access the Website at any time for any reason without notice.
Touch reserves the right to cease operating the whole or any part of the Website at any time.
The termination of this Agreement (for any reason) shall;
(i) be without prejudice to any other rights or remedies which Touch may be entitled to under this Agreement or at law;
(ii) not affect any accrued rights or liabilities which Touch may then have; and
(iii) not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
Item K: General
You and Touch both consent to give and receive electronic communication by means of email and (in the case of changes to these Terms) postings on this Website.Touch may freely assign this Agreement. It may not be assigned by you.
Touch is headquartered in London, England. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by English Law.
You hereby accept and irrevocably submit to the non-exclusive jurisdiction of the English courts.
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