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.
"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
"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:
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
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
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.
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.
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
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.
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
(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.