All ContactBabel Directories / Databases ("the Information") are databases of business and marketing information provided by ContactBabel. They are protected and registered as databases belonging exclusively to ContactBabel under the Copyright and Rights in Databases Regulations 1997, with jurisdiction in the courts of England and Wales.
Please read this Agreement carefully before accessing or using the Information as your acceptance of the terms and conditions below will signify that you have read, accept and agree to be bound by those terms and conditions.
Your access to and use of information contained in the Information is subject to the following terms and conditions.
(1) The Information is supplied in strict confidence for your internal business uses only, shall not be copied or made available to any other party (including any associated company of yours) or used to check the accuracy of or additions to your own databases if you are an information supplier except with ContactBabel's prior written consent, and shall only be used as a factor to assist in the making of business decisions, not as the sole basis for any such decision. You may make a single copy of the Information in machine readable or printed form solely for backup purposes and in support of your own use of the Information. You are licenced to use the Information for a twelve-month period commencing on the date of purchase unless stated otherwise. You agree to store the Information in a manner that is secure and which allows the identification and removal of the Information. After the 12-month period has expired, you must permanently remove the Information from your systems unless you have renewed your subscription. Failure to do so is a confirmation that a further 12-month subscription has been accepted, at the cost stated on the date of the termination of the previous subscription. Your organisation may use the directory contacts as many times as required over a 12-month period. After this time you must renew your licence with us to continue using the data. You may only continue to use contacts after an agreed rental period if they have responded positively to your targeting, therefore manage these contacts so this can be clearly identified. A positive response includes: specific requests for further information; registration on the website; or face-to-face / telephone-based meetings. It does NOT include: opening emails; click-throughs; failure to unsubscribe from emails; or any telephone call which does not agree specific permission for future contact. We will let you know well in advance when your data licence is due for renewal.
(2) You download the Information at your own risk, implied, of any kind. There is no implied warranty of merchantability and/or appropriateness for any particular use or purpose. ContactBabel will not be liable in any event to you or others for any damages, lost revenue or profits, or any other incidental damages resulting from problems caused by the interaction of the Information with your computer, operating system, other software or data.
(3) You shall not (a) ask for the Information knowingly for the use of others; (b) wilfully or negligently permit such requests to be made by others; and/or (c) request or acquire, except by first obtaining ContactBabel's written consent, Information pertaining to any associated company or other undertaking inter-related to you.
(4) Where Information comprised of lists of names and addresses is supplied, you shall not entrust such information to any addressing or other agent except with ContactBabel's prior written consent.
(5) All copyright and other rights in the nature of intellectual and industrial property rights which exist in any part of the world at the date hereof or which may exist at any time ("Intellectual Property Rights") in the Information shall remain the property of ContactBabel. You acknowledge that the Information comprises (i) works of original authorship, including compiled information containing ContactBabel selection, arrangement and co-ordination and expression of such information or pre-existing material it has gathered or assembled; (ii) confidential and trade secret information; and (iii) information that has been created, developed and maintained by ContactBabel at great expense of time and money such that misappropriation or unauthorised use by others for commercial gain would unfairly and irreparably harm ContactBabel. You shall not commit or permit any act or omission that would impair ContactBabel proprietary and Intellectual Property Rights in the Information. You shall reproduce ContactBabel copyright notice and proprietary rights legend on all authorised copies of the Information.
(6) Where any of the Information is derived from information supplied to ContactBabel by any other, you acknowledge the Intellectual Property Rights of such party in such information.
(7) Whilst ContactBabel attempt to ensure that the Information is accurate and complete, by reason of the quantity of detailed matter dealt with in compiling the Information and the fact that the data are supplied from sources not controlled by ContactBabel which cannot always be verified, as well as the possibility of negligence or mistake, ContactBabel cannot guarantee the correctness or the effective delivery of the Information and will not be held responsible for any errors therein or omissions therefrom.
(8) ContactBabel shall not be held liable in contract, tort or otherwise for any loss or damage (whether direct, indirect or consequential, including without limitation loss of production, loss of profit or liability to you or others) resulting from negligence, delay, or failure on the part of ContactBabel and their officers, employees or agents in procuring, presenting, communicating, transmitting, delivering or otherwise providing the Information and the computer system through which it is provided, whether sustained by you or any other person whatsoever, directly or indirectly, including but not limited to any loss or damage arising from defects, delays, interruptions, or failures in such system or inaccuracies and errors in the Information. In the event of any claim being upheld, ContactBabel will not be liable in excess of the purchase price of the Information.
(9) Neither ContactBabel nor the Information will be identified as a source of reference save with ContactBabel's prior written consent, and ContactBabel reserves the right, in its sole discretion, to verify the accuracy of any statement based on the Information. ContactBabel shall not be required to divulge either its sources or its procedures for obtaining Information.
(10) You shall indemnify ContactBabel and their respective officers, agents and employees against any costs, claims, losses, damages, liabilities or expenses whatsoever (including costs and necessary payments made in order to settle or compromise any claim) arising out of any breach of these terms and conditions by you and any other party acting through or with you.
(11) Nothing in this Agreement shall hinder any party from complying with their respective obligations under the U.K. Consumer Credit Act 1974 and U.K. Data Protection Act 1998 or otherwise. You agree to comply with any applicable privacy, data protection or other requirement imposed by foreign or domestic law, or which would be applicable in the country in which the business entity or person to whom the information relates resides or is based, or if unable to comply to refuse the Information Products or other services subject to the foreign or domestic law.
(12) You shall notify your employees and any other persons receiving the Information of these terms and conditions, and hold the Information securely to prevent rogue usage.
(13) These terms and conditions shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English and Welsh Courts in respect of any dispute arising without giving effect to the principle of conflicts of law.
Failure to comply with any term or condition of this Agreement will result in the termination of the licence to use the Information and you will be subject to all applicable legal remedies and/or prosecution. Databases are property exclusively of ContactBabel under Statutory Instrument 1997 No. 3032 The Copyright and Rights in Databases Regulations 1997.
Privacy: by registering and downloading information from ContactBabel, you are giving permission to ContactBabel for data to be made available to selected external parties for the purposes of direct marketing. Occasionally we may use your personal information to inform you of new services and products from associated companies and external suppliers. If you do not wish data to be made available to external parties, please write to the Data Protection Co-ordinator at ContactBabel, 7 Abberwick Walk, Newcastle-upon-Tyne NE13 9AY or email firstname.lastname@example.org