GAUK Online
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FOR SECURITY GAUK WILL COLLECT AND STORE THE IP OF THE COMPUTER USED TO SUSCRIBE AND ALL ACCESS AND LOG IN FILES ARE STORED FOR UP TO FIVE YEARS.
These Terms & Conditions are published here and available for study before a payment is made. You should carefully read the Terms & Conditions before using GAUK Online products and services. By using GAUK Online products and services you are indicating
your agreement to be bound by these Terms & Conditions. This is a legally binding agreement.
If you do not agree with the Terms & Conditions
you should not use GAUK Online. YOU HAVE TOTAL CONTROL OVER YOUR PAYMENTS ALL CANCELLATIONS ARE THROUGH THE SIMPLE ONLINE PROCESS. TO AVOID CONFUSION AND ENSURE
EFFICIENCY WE DO NOT PROCESS CANCELLATIONS IN ANY OTHER
WAY; WE DO NOT ACCEPT EMAILS, PHONE CALLS, FAXES OR MAIL
TO AN ADDRESS. |
Last updated July 9th, 2008
General
Privacy
Communications
Payments
Copyright
Anti Spam Policy
Exceptions
1.
General
1.1 GAUK Online is an Internet based publishing
service providing general information, forms, and sample documents.
GAUK Online is not a legal practice and nothing
in GAUK Online or associated websites constitutes
legal advice.
1.2 GAUK Online takes reasonable steps to ensure that the information published on its web pages/e-mails/publications is accurate and up to date. GAUK Online cannot be held responsible for sites outside its control or domain. GAUK Online may amend sections and add, replace, or remove forms or documents without notice. The information, forms and documents offered are designed to provide a guide for common situations.
External
links & third parties
GAUK Online websites contains links to
external, third party websites and GAUK Online
shall not be responsible for the availability or services of such
sites. The fact that a website or business is listed on this website
does not mean that GAUK Online offers any sort
of guarantee or warranty as to their ability to provide any services
or products advertised and all users agree that they will make
their own enquiries and satisfy themselves that a third party
is suitable to enter into dealings with. All users agree that
GAUK Online (or any of its subsidiaries). As stated,
GAUK Online cannot accept any liability for any
type of loss incurred in dealing with these third-parties.
1.3 GAUK Online, its agents and employees will not be liable for any loss or damage arising directly or indirectly from the possession, publication, or use of or reliance on information obtained from this service.
1.4 GAUK Online furnishes its information both on these web pages and on forms and documents issued through its service in good faith without express or implied warranty. If you have any questions concerning the appropriateness or use of the information, forms or documents provided by GAUK Online or the information contained on the web pages you must seek competent legal advice. GAUK Online cannot be held responsible.
Use
of the Service
GAUK Online
site/s may be used only for lawful purposes and any user identified
as using the site for illegal purposes will have their membership
terminated. The database may not be used as a mailing list or
to canvas any other member or business in any way. Members accept
of course that they may contact/be contacted by other members
in respect of adverts they may post/may be posted on the GAUK Online
Competition
1.0 Affilaite Commissions: Should a subscriber or anyone, their
employees, associates or anyone connected with that person
using Government
Auctions
UK LLC services publish a Web site or
any other material deemed to be in competition to any GAUK
Online, Government Auctions UK LLC Web site within a commission
period they will immediately notify GAUK in writing. They acknowledge
that their affiliate account will immediately be suspended
and all commissions owing from the point of publication will
no longer be valid.
Damages
1.0 Should a subscriber or anyone, their employees, associates
or anyone connected with that person using Government Auctions
UK LLC services
publish a website or any other material deemed to be in competition
to, or associated with GAUK Online, Government Auctions UK
LLC published material using information related to, published
by or protected by copyright to GAUK Online, Government Auctions
UK LLC they agree to be liable for all indirect, special or
consequential damages (or loss of revenue, profits or data)
arising from the competition published material, text, images,
recording, visual media or publication of any description for
up to FIVE years form the date of publication of the website
or publication deemed to be 'competitive'.
2.
Privacy
2.1 GAUK Online, Online Privacy Policy (Last updated
October 11th, 2004 )
GAUK Online has established this Privacy Policy
to explain how it protects and manages the personal information
that it collects from you (the customer) online.
2.2 Consent for Collection, Use and Disclosure
Your use of the GAUK Online site and/or your registration for GAUK Online products and services constitute your consent to the terms of this Privacy Policy.
GAUK Online may occasionally update this Privacy Policy. When it does, GAUK Online will also revise the “last update” date at the top of this Privacy Policy. In addition, GAUK Online will seek a customer’s prior consent, by email, for any new uses or proposed disclosures of information collected from the customer prior to the change. GAUK Online will notify customers by email of changes to this policy that will affect information collected from them in the future .
2.3
Accountability
GAUK Online collects, at the time of your registration
and your sign-on to its web site, certain “personal information” (information
that personally identifies you) including but not limited to
your name, email address, home or work address, telephone number,
and information about your computer hardware and software (e.g.
IP address, operating system, browser type, domain name, URL,
access times, and referring web site addresses).
GAUK Online has implemented this Privacy Policy to protect
personal information received from its customers, and to
respond to any inquiries . The Privacy Policy also provides that
GAUK Online will use appropriate contractual means
to establish a comparable level of protection for personal information
which is sent for processing by third parties on GAUK Online’s behalf.
GAUK Online has designated responsibility for
your personal information to its Privacy Officer, who ensures
compliance with the principles in this Privacy Policy. Other
GAUK Online individuals may be delegated to act
on behalf of the Privacy Officer .
2.4
Purposes for Collecting Personal Information
GAUK Online collects and uses personal information
for the following Identified Purposes:
(a) to understand customer needs regarding Government Auctions UK LLC’s services;
(b) to develop and provide our web site and our products and services
for our customers;
(c)to fulfill your requests for products, services or information;
(d)to communicate with customers and site visitors, when necessary,
and to inform customers of upgrades, as well as of other products
and services available from GAUK Online, its affiliates
and third parties;
(e)to allow customers to access limited-entry areas of GAUK Online’s site;
(f)to personalise some of our services and products for you and
to deliver targeted advertisements and offers from GAUK Online and third parties;
(g)to bill accounts and maintain payment records;
(h)to comply with any applicable law, regulation, legal process
or government request;
(i)to respond to a legitimate claim, or to address our reasonable
belief, that you are violating the rights of any third party or
any of the agreements or policies that govern your use of the
GAUK Online site or any GAUK Online product or service;
(j)to protect the services, products or rights of GAUK Online, including but not limited to the security or integrity
of the GAUK Online site; and
(k)to identify and resolve technical problems concerning GAUK
Online’s site, products and services.
Government Auctions UK LLC also uses personal information in an aggregate
form ( i.e.not individually attributable to you) for its business
analysis, operational, marketing and other promotional purposes.
If we hire other companies to provide some products or services
on our behalf, then we will only provide those companies the personal
information they need for the Identified Purposes, and we will
limit their rights to use and further disclose your personal information
as appropriate in the course of their work for us.
2.5
Limiting the Collection of Personal Information
GAUK Online limits its collection of personal
information to only that information which is necessary for the
Identified Purposes. GAUK Online does not
direct its site to, nor does it knowingly collect any personal
information from children under the age of thirteen.
When you visit the GAUK Online web site, a cookie
may be placed on your computer or the cookie may be read if you
have visited the GAUK Online site previously.
GAUK Online uses cookies to allow GAUK Online to determine which products and services you have already
purchased so that GAUK Online does not provide
redundant information to you, and, if you are an GAUK Online affiliate, to track GAUK Online sales made
to customers referred by you so that you can receive compensation
under our affiliate program. If you choose to not have
your browser accept cookies from the GAUK Online
web site, you may not be able to view all the text on the screens,
or to experience a personalised visit, or to subscribe to certain
service and product offerings on the GAUK Online
site.
2.6
Disclosure, Processing and Retention
GAUK Online does not sell, rent or disclose your
personal information to anyone else, except:
(a)to someone you have designated to act as your agent, for one
or more of the Identified Purposes (listed in Section 2, above);
(b)to GAUK Online’s employees, independent
contractors, subsidiaries, affiliates, consultants, business associates,
service providers, suppliers and agents, acting on GAUK Online’s behalf for any of the Identified Purposes;
(c)as necessary if GAUK Online has reason to believe
that disclosure is necessary to identify, contact or bring legal
action against someone who may be causing injury to or interference
(either intentionally or unintentionally) with GAUK Online’s rights or property, other users of GAUK Online’s web site, products or services, or anyone else
that could be harmed by such activities; and
(d)to respond to judicial process and provide information to law
enforcement agencies or in connection with an investigation on
matters related to public safety, as permitted by law, or otherwise
as required by law.
In addition, as we continue to develop our business, we or our
affiliates may sell or buy other businesses or entities, or we
may merge with another company. In such transactions, personal
information may be one of the transferred business assets. Also,
in the event that GAUK Online or substantially
all of its assets are acquired, your personal information may
be one of the transferred assets.
Your information may be stored and processed in any country in
which GAUK Online or its affiliates, subsidiaries
or agents maintain facilities. By using this web site,
you consent to any such transfer of information outside of your
country.
After your account becomes inactive (that is, if you request to be removed from our database), GAUK Online will keep your personal information in its archives. Your information will then be used only as necessary for tax reasons or to prove GAUK Online’s compliance with any applicable law.
2.7
Accuracy of Personal Information
GAUK Online will use reasonable efforts to keep
customer personal information accurate for the Identified Purposes,
and for minimizing the possibility of making inappropriate customer
decisions based on such information. Customers are responsible
for informing GAUK Online about changes to their
personal information. You can do this by sending an email Here.
GAUK Online will use new or updated personal information
it receives from customers to update its own records.
2.8
Security Safeguards
GAUK Online will use reasonable efforts to protect
customers’ personal information.
2.9
Access to Personal Information
GAUK Online will afford you a reasonable opportunity
to review the personal information in your file upon request to
the Privacy Officer Here.
If GAUK Online is not able to provide access to
some aspect of a customer’s personal information, it will
provide reasons for denying access such as; that by doing so would
likely reveal personal information about a third party, or that
it is confidential commercial information or lawyer–client
privileged communications, or that the information relates to
a breach of an agreement or a contravention of law, or that its
disclosure could reasonably be expected to threaten the life
or security of another individual.
Customers have the right to request that inaccurate or incomplete
information be amended as appropriate, by contacting GAUK Online
or the Privacy Officer as described above. GAUK Online will promptly correct such personal information.
3.
Communications and free newsletter
Subscribers (unless disputed, the person whose details appear
in the subscription form and submitted to GAUK Online) agree to receive the GAUK Online electronic
newsletter and a limited number of communications from GAUK Online. Communications may contain selected advertising
and carry an unsubscribe link which can be activated at any time.
GAUK Online electronic newsletter is a separate
service to ‘paid for’ subscriptions and newsletter.
Cancellation from the free newsletter will not affect subscription
to general Government Auctions UK information.
4.
Payments
(Last updated October 5,
2009)
4.1 Subscription payments will be taken automatically (depending
on subscription option) and will appear on the subscriber's bank
statement as 'Gov Auctions UK' (or a variant of). Subscribers/cardholders
give GAUK Online continuous authority to debit
their credit/debit card on that basis.
If a subscriber uses a third party's card they do so with the
cardholder's full knowledge and express permission. The cardholder
also agrees to be bound by these terms and conditions.
4.2 There may be various subscription promotions applied at the time of subscription and that the fee will revert to the standard rate published at the site at the time stated in the promotion.
4.3
Canceling Subscriptions.
IMPORTANT - SUBSCRIBERS HAVE TOTAL CONTROL OVER PAYMENTS. ALL CANCELLATIONS
ARE THROUGH THE SIMPLE ONLINE PROCESS. TO AVOID CONFUSION AND
ENSURE EFFICIENCY WE DO NOT PROCESS CANCELLATIONS IN ANY OTHER
WAY; WE DO NOT ACCEPT EMAILS, PHONE CALLS, FAXES
OR MAIL TO AN ADDRESS. MANY ACCOUNTING EMAIL ADDRESSES ARE NOT MONITORED
Subscribers/cardholders can cancel continuous authority at any
time by logging into their account and using the My Profile
link in the top navigation bar - furhter instructions are avainable
here: Cancel
Form .
4.3.1
Should you have trouble logging in there use the password retrieval
system in the first instance and then contact us at your earliest
convenience.
If subscribers experience a problem with the system then the
subscriber will should contact GAUK Online at their earliest
convenience outlining the problem. GAUK Online will cancel
the account manually. When an account is cancelled in the described
manner Government Auctions LLC will send a 'confirmation of cancellation'
to the e-mail address provided by the person wishing to cancel,
they should retain this for their records.
4.3.2 GAUK Online will retain copies of all 'confirmation of cancellations' sent for a period of at least two years and refund any payments taken after the date that the 'confirmation of cancellation' was sent should it be necessary.
4.3.3 Without a 'confirmation of cancellation', in writing, from GAUK Online it cannot be assumed or guaranteed that GAUK Online received the request. Government Auctions cannot be held responsible should a subscriber not follow the cancellation procedure.
4.4
Usernames & Passwords
All members shall be issued with a unique username and password,
which will be required each time the user wishes to access the
website. It is the user's responsibility to keep these details
safe and confidential and users agree not to share, lend or sell
their access details to any third party. GAUK Online uses IP
tracking software to monitor the
number of individual users accessing the site using the same
login information and anyone found sharing their details will
have their
membership revoked and no refund of payments made will be given.
All users agree that they are responsible for any actions that
occur whilst logged into the site under their own unique login
details.
On receipt of a new subscription payment passwords are automatically sent giving access to the information in the members' area. If these passwords are not received within 24 hours the subscriber must contact GAUK Online for new passwords. If a subscriber is unable to gain access for any reason whatsoever they agree to inform GAUK Online at their earliest opportunity. GAUK Online will endeavor to resolve the problem at their earliest opportunity.
4.5
If the subscriber/cardholder does not cancel continuous authority
with GAUK Online in the described manner, (4.3)
passwords remain live and subscription payments will continue
for the requested payment option. Payments for this period are
non refundable as either a full or partial payment.
Payment Disputes: PLEASE NOTE THAT THE FOLLOWING CLAUSE
ONLY APPLIES TO 'DISPUTED TRANSACTIONS'
4.6 If a cardholder instigates
a ‘Disputed Transaction –
Authority Not Given’ chargeback for either an initial single
transaction, or continuous authority transaction, with their
credit card company - for whatever reason - and it subsequently
transpires (a) the card was not used fraudulently, (b) the cardholder
has not cancelled in the described manner (see 4.3) or (c) the
card was used with the cardholder's knowledge, the following
applies:
The cardholder agrees to withdraw the dispute immediately, or as soon as is reasonably possible, with their credit card company. They will agree to their card company re accrediting GAUK Online's account for the disputed amount. They agree to pay an initial administration fee of £30 levied to defend the chargeback and all associated costs including bank charged incurred by Government Auctions UK LLC. They agree to pay further costs at a rate of £30 per communication should it be necessary on invoice. If an invoice has to be raised the cardholder will to agree to make the payment within seven days of invoice. The cardholder will agree to forgo any rights whatsoever to defend the disputed amount, administration charges plus any associated costs incurred by GAUK Online should it be necessary to recover it through the UK County Courts.
Fraud
Government Auctions UK LLC will pursue and prosecute
to the fullest extent of the law any individual(s) who attempt
to use our systems, software, or services for the purpose of fraudulent
transactions.
GAUK Online maintains ethical practices and will
not tolerate any misuse of our tools and resources by any third
party. If misuse occurs, we will do everything in our power to
immediately terminate the relationship and prevent any further
misuse.
4.7 Should the cardholder suspect their card has been used in a fraudulent transaction, and cardholder signs a ‘Disputed Transaction – Authority Not Given’ chargeback for either an initial single transaction, or continuous authority transaction, with their credit card company they must inform the relevant authorities (credit card fraud department, police etc) at the earliest available opportunity and instruct them to carry out a full investigation into the alleged misuse of the card. GAUK Online will furnish the investigating authority with all records of the transaction including ip addresses which can be traced directly to the computer that made the transaction.
4.8 Subscription payments are for the information in the GAUK Online members' area and are not a membership fee.
Refunds
4.9 The refund policy covering all GAUK Online
products state that: GAUK Online will refund
100%
of the subscription cost should the product/service fail to deliver
in any way from its description. Subscribers accept that to
receive
a full refund they must demonstrate that after following all
published material instructions and taken advice from support
the product/service
has failed in its description. A person not purchasing for business
reasons has the right to cancel within seven days of their
contract by canceling in the described manner. If they are
seeking a refund they must contact GAUK immediately via the
contact us form
5.
Copyright
Copyright 1999-2009 by GAUK Online. All
rights reserved. No part of gaukonline.co.uk or related
sites may not be copied in part or full without express written
permission from the publisher. All violations will be prosecuted
to the fullest extent of the law.
6.
Anti-Spam Policy
GAUK Online is committed to permission-based
email marketing practices, and as a result has established this
no-tolerance Anti-Spam Policy. GAUK Online
will occasionally update this Anti-Spam Policy. When it
does, GAUK Online will also revise the “last
update” date at the top of this Anti-Spam Policy. For
changes to this policy, GAUK Online will notify
you (the customer) by placing a notice on its web site home page.
What is Spam?
Spam is commercial email or unsolicited bulk email, including “junk mail”, which has not been requested by the recipient.
It is intrusive and often irrelevant or offensive, and it wastes
valuable resources. Spam messages are the opposite of permission-based
email, which are normally anticipated, personal, relevant and/or
associated with a pre-existing business or personal relationship. Inappropriate
newsgroup activities, consisting of excessive posting of the
same materials to several newsgroups, are also deemed to be spam.
Preventing Spam
Customers of GAUK Online products and services
have agreed during their registration process, upon accepting
the Terms of Use, to comply with this Anti-Spam Policy.
Specifically, each customer agrees not to use the GAUK Online products or services to send unsolicited email or bulk
email, whether or not for commercial purposes. GAUK Online reserves the right to determine in its sole discretion
what constitutes actionable spam, as well as what measures are
necessary in response to such spam activities.
How GAUK Online Helps You to Avoid
Spamming
GAUK Online has developed its Internet marketing
tools to incorporate a strict permission-based philosophy. This
anti-spam philosophy is implemented through the following:
(a) Communication and Agreement – The Terms of Use that you have agreed to as part of registering for the GAUK Online products and services state how and for what purposes you can collect your site visitor addresses, and that you will follow the GAUK Online Privacy Policy and Anti-Spam Policy.
(b) Un subscription– Each email created using GAUK Online products contains an “unsubscribe link”. If your web site visitors use the link to request that they be un subscribed, your subscriber lists will automatically be adjusted to eliminate the prospect of sending unwanted email to such persons. Additionally, each person on your subscriber list has the option of un subscribing through a web-based method provided on the GAUK Online web site. Customers of GAUK Online who try to remove the unsubscribe link will be warned that they are doing so, and if they persist in having the link removed or deactivated in any way, then GAUK Online will have the right to terminate their account.
(c) Purchased Mailing Lists - Mass mailings to purchased email lists are not allowed. GAUK Online only allows opt-in mailing lists. Purchased or inherited lists are by definition not opt-in. Similarly, you cannot use an email list relating to particular subject matter, and then use it for an unrelated topic.
Laws Restricting Spam
Spam laws vary from from country to country. This GAUK Online Anti-Spam Policy has been developed to conform
to the highest commercially reasonable standards. As a
result, and without limiting the general prohibitions against
all spam activities, the following are expressly prohibited:
(a) Use of false headers, or other false information, to identify
the point of origin or the transmission path of the email, or
to hide the true origin of the email sender,
(b) Unauthorized use of a third party’s internet domain
name without the permission of such third party, to make it appear
that the third party was the point of origin of the email,
(c) Use of any false or misleading information in the subject
line of the email, and
(d) Assisting any person in using the products or services of
GAUK Online for any of these previously mentioned
activities.
Questions to Ask Yourself
To help in establishing whether you are participating in activities
constituting spam, ask yourself the following questions:
(a) Are you sending email to non-specific addresses, such as info@domain.com
or sales@domain.com?
(b) Have you deliberately falsified your transmission path information
or originating address?
(c) Are you sending email to mailing lists or distribution lists,
which then send indirectly to various other email addresses?
(d) Have you imported for use a purchased list of any type?
(e) Are you continuing to mail to anyone who has asked to be deleted
from your mailing list?
(f) Does your email not provide a fully functioning link to unsubscribe?
(g) Does you email subject line contain false or misleading information?
(h) Have you used a third party’s email address or domain
name without the party’s consent?
If you answer yes to any of these questions, you are likely involved
in spam activities, and should contact Government Auctions UK LLC customer support service Here.
Measures to Enforce the Anti-Spam Policy
Any GAUK Online customer/affiliate found to be
using GAUK Online products or services for spamming
purposes may, at GAUK Online’s discretion,
be immediately cut off from use of all GAUK Online products and services and/or fined £1,000 per occurrence,
with no refund of fees that have been paid.
Government Auctions UK LLC warns all of its customers when signing up that if they participate in spamming activities they will be subject to the loss of GAUK Online services, fines and possible legal action.
GAUK Online has the right to actively review its customers’ subscriber lists and email for suspiciously large broadcasts. If GAUK Online finds any customers to be spamming, it will issue a warning, and if the activities are serious enough, GAUK Online will take action immediately. If GAUK Online has any reason to believe that the customer, despite warning being given, threatens to or is continuing to send spam, then GAUK Online may take action immediately, including disabling the customer’s account and/or reporting the customer and the incident to the proper authorities.
GAUK Online does not attempt to censor any content, nor to curtail the business of its customers. However, spam activities do not fall within uses authorised by GAUK Online, and will not be tolerated.
Reporting Spam
If you believe that you have received spam from or through GAUK Online’s facilities, please send a complaint from
your email account along with the unsolicited email, with completed
header Here.
Please provide any other information that you believe may help
us in our investigation. GAUK Online does
not investigate or take any action based on “anonymous” spam
complaints.
False Spam Complaints
GAUK Online supports the efforts of various organisations
working to responsibly eliminate spam activities. However,
if an individual has opted-in to receive email from a customer
of GAUK Online, and then falsely or maliciously
files a spam complaint against GAUK Online or
its customers, GAUK Online will cooperate fully
with the appropriate agencies to ban the complainant from use
of anti-spam software and the Internet community.
7.
Exceptions
Exceptions to any of the points in GAUK Online
Terms and Conditions are made entirely at the discretion of GAUK Online, without prejudice.
LIMITATION OF LIABILITY
All users agree that GAUK Online, shall not be liable for any loss or damage, of
any sort, whether direct or indirect, resulting from the use
of their websites or a third party that is listed within their
websites'
databases. Users accept that they are using websites and the
third parties to which they link to entirely at their own risk
with
absolutely no liability on the part of GAUK Online whatsoever.
1999-2009 GovernmentAuctionsUK.com - All Rights Reserved.
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