1.1 In this Agreement the following terms and expressions shall have the following meanings unless the context requires otherwise:
- "Agreement" means these terms and conditions.
- "Response" means Our response to Your Question
- "Intellectual Property Rights" means patents, design rights, trade marks, copyright, database rights whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.
- "Question" means a question submitted by You using the Service.
- "Service" means the "kgb Answers" question answering service operated by Us via the www.kgbanswers.co.uk web site and the 118118 short code.
- "Us/We/Our" means The Number UK Limited, the provider of the Service.
- "You/Your" means You, the customer accessing or using the Service.
2. APPLICATION OF THIS AGREEMENT
- 2.1 The terms and conditions of this Agreement apply to each use by You of the Service, and by accessing or using the Service You agree to be bound by them.
3. ACCESSING THE SERVICE
- 3.1 You are responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service. You agree that You will not use any telephone to access the Service without the permission of the bill payer.
3.2 In order to use the Service You may be required to submit Your mobile telephone number and/or e-mail address and agree that You will not:
- 3.2.1 submit any information to Us with the intent of impersonating or otherwise prejudicing any third party; or
- 3.2.2 use any third party's information or access any third party's information;
4. YOUR USE OF THE SERVICE
- 4.1 You acknowledge and accept that the information provided via the Service may be sourced from third parties and that We make no warranty, whether express or implied, regarding the reliability, completeness or accuracy of the same. Information provided via the Service is for general usage only and should not be construed as providing specific advice on any matter whatsoever.
- 4.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation or regulatory requirement that applies to You. We reserve the right to refuse to answer any Question which We consider in our absolute discretion to be obscene, defamatory, racist, blasphemous, harassing, offensive, contrary to public policy or which breaches the rights of any third party.
- 4.3 We reserve the right to refuse to answer any Question which We believe should properly be directed to a professional adviser including, without limitation, advice of a financial, legal or medical nature. In the event that We do provide a Response to any such Question(s) Clause 4.1 above shall apply.
- 4.4 We provide the Service to You solely for Your own personal, non-commercial use. You may not reproduce, resell or redistribute the Service or any information derived from it, to any third party.
5. CHARGES FOR THE SERVICE
- 5.1 Access to the Service via Our 118118 short code will be charged at our standard rates from time to time in force which will be published in our promotional material and on our web site www.kgbanswers.co.uk.
- 5.2 We reserve the right to change the charges for the Services from time to time. If We do this We will publish any new charges on our web site.
- 5.3 We will not charge You in the event that We are unable to provide a Response to Your Question provided that Your use of the Service has not breached this Agreement.
- 5.4 You acknowledge and accept that any applicable charges will be payable by You irrespective of whether or not We are able to provide a Response to Your Question.
6. INTELLECTUAL PROPERTY RIGHTS
- 6.1 All Intellectual Property Rights in the Service belong to Us or Our licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to You.
- 6.2 When You submit a Question using the service You grant Us a perpetual, royalty-free, sublicenseable and transferable right to re-utilise such Question together with any associated Response for any purpose We deem fit in connection with the provision of the Service.
7. SUSPENSION AND TERMINATION
- 7.1 We may suspend the Service at any time without notice to You; (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 9; (d) for any other reason We deem necessary.
- 7.2 We may terminate this Agreement or the Service at any time for any reason We deem fit including, without limitation, any breach by You of this Agreement.
8. LIMITATION OF LIABILITY
- 8.1 We do not limit Our liability for death or personal injury resulting from Our negligence.
- 8.2 Subject to clause 8.1, We will not be liable to You whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason (including any inaccuracies in any Response given).
- 8.3 Subject to Clauses 8.1 and 8.2, Our liability to You shall be limited to the charges actually paid by You for the Service.
9. FORCE MAJEURE
- 9.1 We will not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond Our reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.
- 10.1 We may vary the terms and conditions of this Agreement at any time. We will ensure that the most recent version of these terms and conditions is made available on the Internet at www.kgbanswers.co.uk. Such change shall take effect from the date that the variations are posted on the Internet.
- 11.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
- 11.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 11.3 Any part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.
- 11.4 We have the unrestricted right to assign, licence or otherwise dispose of Our rights and obligations (in whole or in part) under this Agreement.
- 11.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts