Terms and Conditions

TERMS AND CONDITIONS FOR USE AND RECEIPT OF THE INVESTMENT PROPERTY DATABASE SERVICES (IPDS) FROM IMAGINATIVE TECHNOLOGIES LIMITED (ITL) Web site: http://www.auctionpropertyforsale.co.uk Notice to User: Carefully read the following Terms and Conditions. Use and receipt of The Information constitutes your acceptance of these Terms and Conditions ("The Terms and Conditions") and agreement to abide by them.
DEFINITIONS
Words and expressions that appear in these Terms and Conditions have the following meanings:- "IPDS" means the Investment Property Database Service provided by "ITL" Imaginative Technologies Limited whose registered office is situated at Regency House, 45/49 Chorley New Road, Bolton, BL1 4QR. Reg. No. 3082981. ITL is also registered with The Data Protection Registrar, Registration Number Z7227921 "The Information" means The Information relating to Auctions and Auction lots published within IPDS by ITL and delivered by fax, post, e-mail or Internet and amendments and updates issued from time to time and all printed material issued in connection with the Information. "The Subscriber" means the Person, Corporate body or Partnership named as the customer on the invoice and/or in the Confirmation of Order document. "The Subscription Rate" means the fee payable by The Subscriber to use and receive The Information during the Licence Period "The Licence Period" means the period during which The Subscriber is entitled to use and receive The Information. "Supplier" means a Person or Corporate Body or Partnership authorised by ITL to market The Information. In return for acquiring a Licence to receive The Information, The Subscriber agrees as follows:
AGREEMENT
These Terms and Conditions of business constitute the complete terms of business between ITL and The Subscriber and variations are only valid if agreed in writing between the Subscriber and a director of ITL (Imaginative Technologies Limited). The Licence gives The Subscriber the right to receive and use The Information for the duration of the Licence Period subject to The Terms and Conditions being complied with. The Subscriber agrees to ITL entering their email address into the ITL mailing list for the sole purpose of advising the Subscriber to any changes in the service subscribed to, and for the provision of any further offers to other ITL services. ITL will not use the information for any other purpose and does not pass any personal details onto any Third Party as set out in the Company Privacy Policy. The Subscriber may elect to Opt-Out of any mailings if they so choose. The Subscriber acknowledges that The Information is copyrighted and is proprietary. The licence granted above is not a sale of The Information, and except as stated above, this Agreement does not give The Subscriber any rights to patent, copyright, trade secrets, trademarks or any other rights or licences with respect to The Information. The Subscriber agrees to hold The Information in confidence and to take reasonable steps to prevent unauthorised copying or distribution. This Licence is your proof of licence to exercise the rights granted herein and must be retained by you. The Subscriber is not permitted to sell on the information contained within The Information.
ITL�s LIABILITY
ITL will use reasonable care to provide the correct information but shall not be liable for any claim, damage or other loss suffered including any consequential loss due to information being given incorrectly or omitted either by ITL its servants or agents or by any other party to ITL. Any use by The Subscriber of The Information is at The Subscriber�s own risk. ITL and its suppliers do not give any warranties of any kind, either express or implied, including, without limitation, implied warranties of satisfactory quality and fitness for a particular purpose. ITL shall have no liability for consequential damages. In no event shall ITL or its Suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use The Information, even if ITL has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, but in all cases the liability will be limited to a sum not exceeding the current "Licence Fee", or if not applicable the sum of one hundred pounds.
PROVISION OF SERVICE
ITL reserves the right to amend the number of auction houses covered in IPDS by ITL from time to time. Without prejudice to the generality of the foregoing ITL shall not be liable for the consequences of any act of God or strike, lockouts, civil commotion, fire, flood, explosion, legislation, or other cause (whether the foregoing class or not) beyond ITL's control. If any provision of the Terms and Conditions is declared invalid void or otherwise unenforceable by a Court of competent jurisdiction this shall not affect in any way the remaining provisions of these Terms and Conditions. The right of The Subscriber thereunder may not be assigned in whole or in part without the prior written consent of ITL. ITL will not be liable to refund all or part of the Licence Fee in the event of cancellation or termination by The Subscriber. In Exceptional Circumstances ITL management may consider a refund to subscribers. A refund will incur an administration fee of no less than �30 + VAT. Any delay or failure by either party in exercising any right or remedy arising under these Terms and Conditions shall not constitute a waiver of such right or remedy These Terms and Conditions exclude and override any other terms which The Subscriber might seek to impose on ITL, even if such other terms are submitted in a later document or purport to exclude or override these terms of business. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and the parties hereby submit to the jurisdiction of the High Court in London, England These Terms and Conditions constitute the entire agreement between the parties and the Subscriber shall not rely on any statement, warranty whether express or implied made by ITL, its servants, agents, employees or Suppliers
PAYMENT
The Licence Period will only commence once full payment has been received by ITL. Any further renewals of The Licence Period are subject to the same payment conditions
COPYRIGHT
The Information is protected under British copyright law. All copyright of The Information remains the property of ITL. All rights reserved. No part of The Information may be copied, reproduced, translated or reduced to any electronic medium or machine readable form without the prior written consent of ITL
LICENCE AGREEMENT
It is illegal to pass The Information to any third parties for their use and The Subscriber must take reasonable steps to protect The Information from unauthorised use.
NOTICE
Any notice to be given under these Terms and Conditions by either party to the other must be in writing and delivered by hand, first class letter or facsimile transmission to the address given in the Customer Agreement (or such other address given for this purpose) and in the case of post will be deemed to have been validly and effectively given two working days after the date of posting or in the case of other means of transmission will be deemed to have been validly and effectively given on delivery.
TERMINATION
1. ITL may terminate this Agreement (and/or any other contract with the Subscriber) and/or suspend further delivery under this Agreement or any other contract with the Subscriber in the event that the Subscriber: (a) Is in breach of its obligations under this Agreement including these Terms and Conditions or any other contract with ITL; or (b) Becomes insolvent or bankrupt, enters into liquidation whether voluntary or compulsory (other than for a solvent reconstruction or amalgamation), is unable to pay its debts as they fall, has a receiver or an equivalent officer appointed in respect of any of its assets, is the subject of an administration order, enters into any arrangement with its creditors or makes a general assignment for their benefit, or ceases to carry on business in the ordinary course without prejudice to any other rights and remedies that ITL may have. 2. The Subscriber will remain liable to ITL for all outstanding sums due to ITL for use of The Information which will become immediately payable of termination.