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. |
Last updated 3rd June, 2010
General
Privacy
Communications
Payments
Copyright
Anti Spam Policy
Exceptions
Content
Advertisers
Disclaimer
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) acknowledge and agree
that GAUK Online is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible
or liable for any Content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge
and agree that GAUK Online shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
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 be contacted by other members
in respect of adverts they may post/may be posted on the GAUK
Online
Competition
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 any GAUK
Online, Government Auctions UK LLC Website 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
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
with, 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'.
Our commitment to security
As a leading provider of electronic commerce services, GAUK adopts
a firm commitment to ensuring information security and safeguarding
and maintaining the confidentiality
of our customers' information.
Our IT infrastructure is designed to comply with industry-accepted
security best practices.
All our systems are hosted in world-class secured data center
facilities and provide for secured access control to limit the
potential for abuse by unauthorized third parties.
Such control involves authentication by means of usernames and
passwords before information can be accessed. The authentication
is further protected while being transmitted over unsecured public
networks using industry-standard encryption algorithms known
as Secure Socket Layer (SSL).
We also proactively review the security of our online solutions
against new threats to ensure that they are resilient against
abuse by hackers to garner information about our customers.
Within GAUK, there are strict protocols and procedures
to limit the types of information that can be accessed by employees.
This is reinforced by round-the-clock monitoring of our services
to ensure that any suspected abuse is immediately reported and
rectified.
2.
Privacy
2.1 GAUK Online, Online Privacy Policy (Last updated
October 11th, 2009 )
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 GAUK Online 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.
GAUK Online
also uses personal information in an aggregate form ( ie.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.
Cookies: When you visit the GAUK Online website, 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
website, 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 website,
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.
Subscribers'
newsletter
We supply Government Auction news on a monthly basis as a physical
newsletter. It is this that you are paying for. The the web service,
electronic book and any information supplied in electronic form
is free as part of your subscription to GAUK Online.
4.
Payments
(Last updated June,
2010)
4.1 When a user has set up their desired subscription
payments will be taken automatically, through the secure payment
processor (depending on subscription option)
until
canceled
by the user
(see 4.3).
Credit Cards:
Payments will appear on the subscriber's bank
statement as 'Gov Auctions UK' (or a variant of). By completing
the subscription forms and agreeing to the simple terms on those
pages, subscribers/cardholders unconditionally give GAUK Online
payment processors continuous authority to debit
their credit/debit card on that basis until canceled by the subscriber
by the cancel link outlined in (4.3).
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.
Credit card processors are currently Worldpay RBS Scotland and
Paypoint on Behalf of Barclays.
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.
Credit Cards: All cancelations are through the simple online
process. Subscribers/cardholders have total control over their
accounts and can cancel continuous
authority
at any
time
through
their
'My Profile'
pages
in the Members'
Area.
'My
Account' pages detail all subscriptions with cancelation being
a simple 'Cancel Subscription' link.
Paypal: Users cancel their subscriptions within their Paypal
account under 'My Account'.
4.3.1 If subscribers experience a problem with the system then the subscriber will should contact GAUK Online at their earliest convenience outlining the problem Here. GAUK Online will cancel the account manually. When an account is canceled 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 cancelations' sent for a period of at least two years and refund any payments taken after the date that the 'confirmation of cancelation' was sent should it be necessary.
4.3.3 Without a 'confirmation of cancelation', 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 cancelation procedure outlined Here.
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'
AND SUBSCRIPTIONS REPORTED AS 'NOT AUTHORISED' TO THE USER'S
CREDIT CARD COMPANY (No
other charges apply to GAUK Online use and general support/alert
communications are not covered by 4.6)
4.6 If a cardholder/subscriber to GAUK Online services instigates
a Disputed Transaction', 'Authority Not Given, Not
Authorised' chargeback for either an initial single transaction,
or continuous authority
transaction, with their
credit card company/bank - for whatever reason for a GAUK Online
product/service - and it subsequently transpires (a)
the card was not used fraudulently, (b) the cardholder
has not canceled in the agreed manner (see 4.3) or (c) the
card was used with the cardholder's knowledge, the following
applies:
(a) The cardholder agrees to
withdraw the dispute immediately, or as soon as is reasonably
possible, with their credit card company.
(b)
They will agree to
their card company re accrediting GAUK Online's
account for the disputed amount either by their credit card company
crediting GAUK Online or via a manual transaction processed by
GAUK Online.
(c)
They agree to pay an initial
administration fee of £30 levied to defend the chargeback
(At the descretion of GAUK Online).
(d)
They agree to pay any charge made to GAUK Online and associated
companies by the payment processor/merchant service
(e) They agree to pay further
costs at a rate of £30
per communication should it be necessary on invoice. GAUK Online
will inform the cardholder prior to any sending communications
charged at the published rate when dealing with a payment dispute.
(f)
If an invoice
has to be raised the
cardholder will to agree to make the payment within seven days
of invoice.
(g)
Should
it be necessary to recover disputed subscription payments, administration
charges
plus any
associated costs incurred by GAUK Online through
the UK County Courts. The cardholder will agree to forgo any
rights
whatsoever
to defend
the disputed
amount.
Fraud
GAUK Online 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 the cardholder has instigated a Disputed Transaction', 'Authority Not Given, 'Not Authorised' 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 © 2010 GAUK Government Auctions UK
LLC. All Rights Reserved. No part of GAUK Online or associated/related
sites may be copied, reproduced or stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical,
photocoyping, recording, or otherwise in part or full without
express written permission from the publisher. All
violations
will be
prosecuted
to the fullest extent of the law. For reproduction permisions
and licence agreements contact us Here
Notice and procedure for making claims of copyright or intellectual
property infringement
GAUK Online respects the intellectual property of other. If
you believe that your work has been copied in a way that constitutes
copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide GAUK Online's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that
you
claim has been infringed;
c. a description of where the material that you claim is infringing is located
on
the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use
is
not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
GAUK Online's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached Here
TRADEMARK INFORMATION
You agree that all of GAUK Online’s trademarks, trade names,
service marks and other GAUK Online logos and brand features,
and product and service names are trademarks and the property
of
Government Auctions UK LLC. Without GAUK Online's
prior permission, you agree not to display or use in any manner
the GAUK Online Marks.
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 GAUK Online 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.
GAUK Online 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.
8. Content submitted or made available for inclusion on the GAUK Online services
GAUK Online does not claim ownership of Content
submitted or made available for inclusion on the GAUK Online
Services. However,
with respect to Content submitted or made available for inclusion
on publicly accessible areas of the GAUK Online Services, you
grant GAUK Online the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
8.
1. With respect to Content you submit or make available for inclusion
on publicly accessible areas of GAUK Online, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the GAUK Online Services solely for the
purposes of providing and promoting the specific GAUK Online
service to which such Content was submitted or made available.
This license exists only for as long as you elect to continue
to include such Content on the GAUK Online Services and will
terminate at the time you remove or GAUK Online removes such
Content from the GAUK Online Services.
8.2. With respect to photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas
of the GAUK Online Services, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display
such Content on the GAUK Online Services solely for the purpose
for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include
such Content on the GAUK Online Services and will terminate at
the time you remove or GAUK Online removes such Content from
the GAUK Online Services.
8.3. With respect to Content other than photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible areas of the GAUK Online Services, the perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium
now known or later developed.
"
Publicly accessible" areas of the GAUK Online Services are
those areas of the GAUK Online network of properties that are
intended by GAUK Online to be available to the general public.
By way of example, publicly accessible areas of the GAUK Online
Services would include GAUK Online pages that are open to both
members and visitors. However, publicly accessible areas of the
GAUK Online Services would not include portions of GAUK Online
that are limited to members, GAUK Online services intended for
private communication such as GAUK Online Mail or GAUK Online
Messenger, or areas off of the GAUK Online network of properties
such as portions of World Wide Web sites that are accessible
via hypertext or other links but are not hosted or served by
GAUK Online.
Contributions to GAUK Online
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to GAUK Online through its suggestion
or feedback webpages, you acknowledge and agree that: (a) your
Contributions do not contain confidential or proprietary information;
(b) GAUK Online is not under any obligation of confidentiality,
express or implied, with respect to the Contributions; (c) GAUK
Online shall be entitled to use or disclose (or choose not to
use or disclose) such Contributions for any purpose, in any way,
in any media worldwide; (d) GAUK Online may have something similar
to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of GAUK
Online without any obligation of GAUK Online to you; and (f)
you are not entitled to any compensation or reimbursement of
any kind from GAUK Online under any circumstances.
Indemnity
You agree to indemnify and hold GAUK Online and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post, transmit, modify or otherwise make available through the
Yahoo! Services, your use of the Yahoo! Services, your connection
to the Yahoo! Services, your violation of the TOS, or your violation
of any rights of another.
9.
Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the GAUK Online,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that GAUK Online shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings
or as the result of the presence of such advertisers on the GAUK
Online Services.
10. Disclaimer
of Warranties
You expressly understand and agree that:
1. your use of the GAUK Online Services and software are at your
sole risk. The GAUK Online Services and software are provided on
an "as
is" and "as available" basis. GAUK Online and its
subsidiaries, affiliates, officers, employees, agents, partners
and licensors
expressly disclaim all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties
of title, merchantability, fitness for a particular purpose and
non-infringement.
2. GAUK Online and its subsidiaries, affiliates, officers,
employees, agents, partners and licensors make no warranty that
(i) the GAUK Online Services or software will meet your requirements;
(ii) the GAUK Online Services or software will be uninterrupted,
timely, secure or error-free; (iii) the results that may be obtained
from
the use of the GAUK Online Services or software will be accurate
or reliable; (iv) the quality of any products, services, information
or other material purchased or obtained by you through the GAUK
Online Services or software will meet your expectations; and (v)
any errors
in the software will be corrected.
3. any material downloaded or
otherwise obtained through the use of the GAUK Online Services
or software is accessed at your own discretion and risk, and you
will be solely
responsible for and hereby waive any and all claims and causes
of action with respect to any damage to your computer system, internet
access, download or display device, or loss of data that results
from the download of any such material.
4. no advice or information,
whether oral or written, obtained by you from GAUK Online or through
or from the GAUK Online Services or software shall create any warranty
not expressly stated in the terms of service.
LIMITATION OF LIABILITY
All users agree that GAUK Online and
its subsidiaries, affiliates, officers, employees, agents, partners
and licensors shall not be liable to you for any punitive, indirect,
incidental, special, consequential or exemplary damages, including,
but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if GAUK
Online has been advised
of the possibility of such damages), resulting from:
(a) the
use or the inability to use the GAUK Online Service;
(b) the cost
of procurement of substitute goods and services;
(c) unauthorized
access to or alteration of your transmissions or data;
(d) statements
or conduct of any third party on the GAUK
Online Service; or
(e) any
other matter relating to the GAUK Online Service.
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.
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Europe: 8 Neo Chorion 2, Agias Sophias, 8852, Paphos, Cyprus. 357 321 311
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