Terms & Conditions
These Terms and Conditions ('Agreement') identifies what members ('You') can expect from M Media Marketing Limited T/A OptOutUK.com ('OptOutUK.Com', 'our', 'we' or 'us' 'Site' 'Website') and what ('We') expect from You.
These terms and conditions apply to your registration of any Services (means the sale, design, Repairing, cleaning maintaining and Servicing of telecoms Goods and Equipment and related Services provided to You. And “OptOutUK.Com's contract with You” - means the provisions set out in clause 1 which will apply to all Services including those specifically obtained via the telephone, internet or any company website) or Goods (means all machines, equipment, printers, parts, consumables and related telecom products provided by OptOutUK.Com.)
1. OptOutUK.Com's contract with You
1.1 By agreeing to our terms and conditions, You are stating that You are happy for OptOutUK.com to act on your behalf, to suppress your details from datahouses/companies data lists or other firms as may become appropriate to the extent permitted by the Privacy & Electronic Communications Regulations 2003, the Data Protection Act 1998 and relevant international privacy laws.
1.2 The OptOutUK.Com website describes the full range of Services and Goods in more detail.
1.3 OptOutUK.Com shall take all reasonable steps to complete the Services within the time scales intimated to You, however, time shall not be of the essence in respect of any Agreement or any of the Services or part of the Services thereof provided by OptOutUK.Com and OptOutUK.Com shall not be liable for any liability whatsoever either directly or indirectly attributable from the result of the late delivery of any Goods, Services or Document.
1.4 You shall be solely responsible for ensuring the full and correct identification of the Services confirming that it complies with your requirements and is correct in all respects. Any delivery times given are an estimate only and time shall not be of the essence in respect of any part of the Services.
1.5 In consideration for OptOutUK.Com carrying out the Services and/or providing the Goods You shall pay to OptOutUK.Com the full price for the Goods and/or Services at the Rate(s) as set out in the quotation or the schedule hereto or in the latest served letter of engagement, Agreement or other notification given by OptOutUK.Com to You and which shall be invoiced to You in accordance with these Terms & Conditions of Business. Such invoice shall be payable without set off or deduction of any kind whatsoever in cleared funds including payment, card payments, PayPal payments etc. in advance of the provision of the Services and Goods.
1.6 In respect of any additional Services or Goods, You shall pay to OptOutUK.Com the amount of the Basic Charges without deduction or set off at the time of order by You to OptOutUK.Com by payment card or other form of cleared funds. No Orders will be accepted unless payment is fully authorised by the card issuer.
1.7 Any quotation issued by OptOutUK.Com is based on the cost then obtaining of materials, labour, transport and/or other charges and such price(s) quoted are subject to a fair adjustment reflecting changes in the cost of the same incurred by the Company during the period between quotation and delivery of the Goods and/or Services and OptOutUK.Com reserves the right to make additional charges for the same. All photographs, catalogues, drawings or documents produced by OptOutUK.Com as part of the Services shall remain the property of OptOutUK.Com until paid for in full.
1.8 OptOutUK.Com shall be entitled to determine the manner of delivery and/or the performance of any of the Services at its sole discretion. OptOutUK.Com reserves the right not to accept Orders in its absolute discretion.
1.9 All descriptions of Goods are approximate only and OptOutUK.Com reserves the right to replace any product or Goods quoted with a similarly equipped model at its sole discretion. If any Goods are unavailable and a substitute product is suggested You have the right to withdraw your Order without liability.
1.10 The provision of the Services is subject to the available research and technical information available and subject to provision of proprietary information from third parties including vendors, manufacturers and developers. Although OptOutUK.Com will use its reasonable endeavours to resolve any technical problems and carry out the Services in a timely and efficient manner, You accepts that OptOutUK.Com may not be able to resolve all technical difficulty because of this third party information requirement. Should there be a fault with goods within 12 months of sale OptOutUK.Com will repair or replace (at its sole discretion) such items free of charge (fair wear and tear excepted).
1.11 All Services provided via OptOutUK.Com's website are subject to these conditions. It is a legal requirement for a notified company to suppress data within a reasonable amount of time (normally 28 days). Whilst every attempt is made to ensure the fastest possible service, we cannot guarantee any specific time period for the entire service to be carried out.
1.12 You have the right to cancel any Order prior to dispatch of Goods or delivery of Service without penalty.
1.13 You have the right for 30 days (“cooling off period”) from the date of delivery of any Goods ordered online from OptOutUK.Com to cancel any Order without charge solely on the basis that any Goods sent to You are promptly returned in the same condition as when sent, including all packaging. Failure to comply with this clause shall entitle You to charge for all costs and losses associated or flowing from such breach.
2. Our promise to you
2.1 We will permit you to access, use and interact with our site subject to these terms and conditions.
2.2 We will:
2.2.1 exercise reasonable care in compiling our site;
2.2.2 exercise reasonable skill and care in providing the services to you
2.2.3 use reasonable efforts to make our site available to you at all times; and
3. Information you provide to us
3.1 The following applies to any information you provide to us, for example when you become a member during the registration process.
* You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the service which are available through our website by us.
3.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us.
4. Exclusions and limitations
4.1 Although we hope this Site will be of interest to users, we accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law. Any views expressed in messages on the Site are not necessarily those of OptOutUK.Com or anyone connected with it.
4.2 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
4.3 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
4.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
4.4.2 the unavailability of our site (or any part of it), or services;
4.4.3 any delay in providing, or failure to provide or make available, the services or any negligent provision of the services;
4.5 Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
4.6 You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, or services through out our site you will enter into a separate contract with the supplier in each case.
4.7 None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
4.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
4.9 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
4.10 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase.
4.11 We have used our best endeavors to ensure that our website complies with the laws of England and Wales. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
5. Internet advertising and linking
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
6. Termination of registration
6.1 We may terminate your registration immediately if you are in material breach of any of these terms and conditions. You may terminate your registration at any time on 30 days notice to us.
6.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
7.1 Third party rights
Where in these terms representations and warranties are made to us and to suppliers of services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
We use a secure server that implements Secure Socket Layer technology (certified to the standard for encrypted credit card transactions as stipulated by industry standards) to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet. If you discover that the services have been ordered using your credit card details in circumstances where you had not agreed to or authorised this, then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) we are required to refund to you the money we receive provided that: (a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and (b) you co-operate with your credit card company, us and, if necessary, the police in relation to the unauthorised use.
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of or services through out our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited. You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
7.5 Trade marks
We are the proprietor of the trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
7.7 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
7.8 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.