TERMS AND CONDITIONS

 

By accessing and using the Service you agree to be bound by the terms and conditions set out below.

For additional Terms and Conditions for advertisers and agencies wishing to put material up on the site please go to Advertisers Terms and Conditions.

 

1.

DEFINITIONS

 

 

"You" means you as a User and/or as a Visit4ads member, "We/us" means Visit4 Limited ("Visit4"), "Ad Content" means advertisements and related content created by third parties, "Contract" means these terms and conditions, "inBox" means an inweb area within the Service accessible only by a specified User, "Service" means the Visit4info service accessible at the url www.visit4info.com, as amended from time to time, and/or the Visit4ads service accessible at the url www.visit4ads.com, as amended from time to time, "Third Party Sites" means internet sites operated by third parties which are linked to the Service, "User" means a user of the Service, including a Member User, "Your Details" means the username, password, postcode, date of birth and gender of a Visit4info member or the username and password of a person authorised to use the Service by a Visit4ads member, as the case may be, “Member User” means a Vist4info member or a  person authorized to use the Service by a Visit4ads member, "Visit4info member" means a person who has completed the online membership process, which involves the payment of a fee, “Visit4ads member” means an organization, which has agreed to become a member of www.visit4ads.com in order to make this site available to their employees, or to other parties connected with them, and who have paid, or have agreed to pay, the fee for membership of www.visit4ads.com. This paragraph shall survive expiry or termination of this Contract howsoever arising.

 

2.

MEMBERSHIP AND inBox REGISTRATION

 

2.1

You will need to be a Member User if you want to use all of the Service, including the use of an inBox. If you are not a Member User, some of the parts of the Service, which are accessible only by Member users, are not available to you.

2.2

To become and remain a Visit4info member, you are required to:

 

2.2.1    complete the online membership process; provide true, accurate, current and complete information on the online membership application forms; and pay the requisite fee by credit card.

 

2.2.2    maintain the confidentiality of your log-in details, including your security password, and you are fully responsible for all activities which occur when you are logged on as a Visit4info member. You agree to immediately notify us of any unauthorised use of your log-in details or any breach of security of which you become aware. If you permit a third party to use your membership login details, in breach of this Contract, you will be fully responsible for all activities which occur when such third party is using the Service and such third parties will be bound by this Contract as if they were you;

 

2.2.3    agree not to log on to the Service using another Visit4info member's log-in or to use any false name or a name that you are not authorised to use

2.3

To become and remain a Visit4ads member, you are required to:

 

2.3.1     complete the membership subscription process; provide true, accurate and complete information on any application form or otherwise to employees or agents of Visit4 as part of the membership subscription process; and pay the requisite fees

 

2.3.2     authorise Visit4 to permit employees or other parties connected with you, usually sharing a common email extension, to have full access to the Service, with such exceptions as you notify to Visit4;

 

2.3.3     ensure that all persons authorised by you to use the Service maintain the confidentiality of their log-in details, including their security password, and they are fully responsible for all activities which occur when they are logged on as a Member User. You agree that you will ensure that any person authorised by you to use the Service shall immediately notify us of any unauthorised use of their log-in details or any breach of security of which they become aware. If any person authorised by you to use the Service permits a third party to use their membership log-in details, in breach of this Contract, you will be fully responsible for all activities which occur when such third party is using the Service and such third parties will be bound by this Contract as if they were authorised by you

2.4

As a person authorised by a Visit4ads member to use the Service, you will be required to maintain the confidentiality of your log-in details, including your security password, and to immediately notify us of any unauthorised use of your log-in details or any breach of security of which you become aware.

2.5

If you wish to use your inBox, you will be required to:

 

2.5.1    be a Member User and to complete the online inBox registration form; provide true, accurate, current and complete information on the inBox registration form and update Your Details immediately when any changes to Your Details occur;

 

2.5.2    agree not to access any other person’s inBox by using any details provided by that User to use the Service or by hacking or otherwise illegally accessing that person's inBox or to use any false name or a name that you are not authorised to use; and

 

2.5.3    agree not to register for more than five inBoxes

 

3.

YOUR DETAILS

 

3.1

In order to provide you with the Service we:

 

3.1.1    use small text files known as "cookies" to monitor their use of the Service and make it more convenient for them to use. Web servers commonly store cookies on your computer's hard drive when a person visits a website, allowing the web site to recognise them when they revisit that website. Visit4's cookies do not store any personally identifying information about a User and are used by us solely (a) to provide us with information about Users' preferences so that we can optimise the Service; and (b) to provide information (mainly in statistical form) to third parties (such as advertisers) that provide content for our Service and to other third parties who may be able to offer products and services to Users, to enable us and such third parties to determine appropriate content for the Service and to offer Users products and services based on their preferences. Specifically, we assign a cookie called a "cftoken" to every User each time s/he uses the Service, to recognise the User as s/he moves from page to page. Cftokens accordingly enable Users to make use of the Service without having to log in repeatedly as a Member User, to their inBox or otherwise when using different parts of the Service. They also store their preferences so that the Service remembers these each time the User visits. We also use cookies to monitor the use of our inBox service, such as tracking what advertisements Users visit, whether or not they are signed into their inBox These cookies remain on Users’ PCs until they expire or are deleted. They will do this harmlessly at the time that their automatic expiry or deletion date occurs. Our cookies cannot read other information saved on the hard drive of your computer and are not used to distribute viruses or harvest e-mail addresses. We, like other online businesses in Europe, are obliged to comply with the European Union Directive on Privacy and Electronic Communications, implemented in the UK as the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("the Regulations"), in force in the UK on 11 December 2003. The Regulations require us to provide you with clear and comprehensive information about our use of cookies (as set out above) and to give you the opportunity to refuse the use of such cookies. If you would like to configure your browser in order to reject cookies, you will find instructions on how to do so at www.allaboutcookies.org. However, please note that if you do this, then much of the functionality of the Service described above will not work effectively or in many cases at all. While we are pleased to provide a link in good faith to the information at www.allaboutcookies.org, please be aware that this is a Third Party Site and Visit4 cannot accept any responsibility for its contents, as explained in paragraph 7.2 of this Contract.

 

3.1.2    disclose your email address or the email address of your inBox to third parties each time you request content via our Service from such third parties; and

 

3.1.3    may access the contents of your inBox to obtain additional information in order to determine your preferences and provide these to third parties that provide content for our Service and other third parties who may be able to offer products and services to you. It is your responsibility to elect whether to contact such third parties by other means, and whether to do so anonymously, and we accept no responsibility therefore.

3.2

Except as set out in paragraphs 3.1.3, 3.2 and 3.3, we will not disclose the contents of your inBox or Your Details to third parties without your consent. We reserve the right to disclose the contents of your inBox, Your Details and/or any information we have about your use of any inBox and/or the Service to third parties (including without limitation the police) without prior notification if we are compelled to do so by any law, regulation or court order, or in our reasonable opinion consider that to do so is justified in order to deal with any unlawful or undesirable use by you or on your behalf of the Service or any inBox.

3.3

If we or our telecommunications provider (like other service providers), are required by the Anti Terrorism, Crime and Security Act 2001 or any similar law or regulation to retain Your Details or any information about your use of the Service or any inBox or the contents thereof, we will do so without further notification to you.

 

4.

YOUR OBLIGATIONS

 

4.1

You agree that you will not use any part of the Service:

 

4.1.1    for any unlawful purpose;

 

4.1.2    such that the whole or any part of the Service is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Service is in any way impaired;

 

4.1.3    to send unsolicited bulk messages (commonly referred to as "spam") to other Users or to third parties;

 

4.1.4    for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety and you agree that you will be liable for any action taken against us or against you in relation to such use; and

 

4.1.5    in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality).

4.2

This paragraph 4 shall survive expiry or termination of this Contract howsoever arising.

 

5.

INDEMNITY

 

 

You agree to indemnify us and any company in our group and our and their officers, directors and employees, advisors and agents immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach by you of this Contract or any use by you of the Service. This paragraph shall survive expiry or termination of this Contract howsoever arising.

 

6.

OUR RIGHTS

 

6.1

In addition to our rights in paragraph 3, we may alter or remove, temporarily or permanently, at our discretion and whether with or without cause any part of the Service, including without limitation any Visit4info membership, Visit4ads membership or any inBox, with or without notice to you, if you, or any person authorised by a Visit4ads member to use the Service, has breached this Contract or acted inconsistently with the spirit of this Contract or if you, or any person authorised by a Visit4ads member to use the Service, has infringed or violated the rights of any third party as a result of, directly or indirectly, your, or their, use of the Service or if you, or they, permit third parties to use your, or their, membership login details, including your, or their, security password. We may also delete data, including emails, from your inBox from time to time at our discretion with or without notice to you if we wish to reduce the amount of data stored in your inBox. You irrevocably confirm that we shall not be liable to you or to any third party for any such removal. For the avoidance of doubt, you are responsible for keeping back-up copies of any of your messages which you wish to keep.

6.2

You confirm that we shall not be liable to you or to any third party for any modification to or discontinuance of any part of the Service.

6.3

We may change this Contract from time to time and your continued use of the Service will constitute your acceptance of any revisions to the Contract from time to time.

6.4

You acknowledge that we may charge for any part of the Service, including, but not limited to, for downloading advertisements, and that we may alter any charge we make for any part of the Service at any time without prior notice to you and in our absolute discretion.

6.5

You further acknowledge that, if your Visit4info membership is paid for on a monthly basis, the monthly fee will, after any initial minimum period, be debited to your credit card on a monthly basis without further notification to you.

6.6

If you are Visit4ads member, you agree that, if not paying by credit card, you will pay promptly any invoice submitted by Visit4 for charges incurred by you for membership, downloads and any other services available as part of the Service, including charges incurred by persons authorised by you to use the Service.

 

7.

THIRD PARTY MATERIAL

 

7.1

Visit4 offers advertising information as a service to consumers and other Users. The intellectual property rights relating to such materials may belong to individual artists, writers or other companies. All such materials are for research and reference purposes only. The copyright remains the property of the copyright owner and the material may not be reproduced in any form whatsoever without the owners consent.

7.2

The Service contains Ad Content and may produce automated search results or otherwise link you to Third Party Sites. The Ad Content and Third Party Sites may contain information or material that some people may find inappropriate or offensive. The AdContent may be unsuitable for persons under the age of 18 years and may have been deemed to be unsuitable for mass media broadcasting. Neither the Ad Content nor the Third Party Sites are under the control of Visit4, and you acknowledge that Visit4 is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Ad Content or the content of Third Party Sites. Visit4 has not reviewed any or all of the Ad Content or the Third Party Sites and therefore the inclusion of such Ad Content or a link to a Third Party Site does not imply endorsement of the Ad Content or that Third Party Site by Visit4 or any association with its operators. If you follow a link to any pages or sites which are not part of the Service then you do so at your own risk and Visit4 is not liable for any loss or damage you incur as a result of the same.

 

8.

CHATROOMS AND OPEN FORUMS

 

8.1

Visit4 cannot and does not review every posting or submission made on the Service or any chat rooms, forums, and surveys. You can expect these areas to include information and opinions from a variety of individuals and organisations other than Visit4 and its staff. Visit4 does not endorse or guarantee the accuracy of any posting or submission, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.

8.2

By posting or submitting content to Visit4 and/or to the Service, you:

 

8.2.1    grant Visit4 the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and to promote such content in any form, anywhere and for any purpose and to publish your name in connection with your posting or submission; and

 

8.2.2    warrant and represent that you have the right to post or submit such content and that public posting and use of your content by Visit4 will not infringe the rights of any third party or be in breach of any law.

 

9.

INTELLECTUAL PROPERTY AND RIGHT TO USE

 

 

You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service shall remain vested in us or our licensors. You acknowledge that you are permitted to use the Service only as expressly authorised by us pursuant to the terms of this Contract or our licensors.

 

10.

COPYRIGHT INFRINGEMENT CLAIMS

 

 

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please notify us in accordance with the procedures set out in paragraph 14. Your notice must include the following information to be effective:

10.1

a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

10.2

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

10.3

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

10.4

information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

10.5

a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and

10.6

a statement that the information in the notification is accurate that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

11.

DISCLAIMER OF WARRANTIES

 

 

The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service. We do not warrant or guarantee that material included on the Service is accurate or complete or that the Service will meet your requirements or be uninterrupted or error-free. This paragraph shall survive expiry or termination of this Contract howsoever arising.

 

12.

LIMITATIONS OF LIABILITY

 

12.1

Nothing in this Contract shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.

12.2

Subject to paragraph 12.1, our liability in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with this Contract or the performance or observance of our obligations under this Contract, and every applicable part of it shall be limited in aggregate to £500.

12.3

We shall not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Contract for:

 

12.3.1    any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

 

12.3.2    any loss of goodwill or reputation; or

 

12.3.3    any special, indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Contract, suffered or incurred by that party arising out of or in connection with the provisions of any matter under this Contract.

12.4

Except as set out in this Contract, we exclude all conditions, terms, representations and warranties relating to the Service, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, other than those terms which cannot be excluded by virtue of the Unfair Contract Terms Act 1977, as amended.

12.5

You acknowledge that the Service is provided for your information only and you may not use any material on the Service for resale or commercial gain. We shall have no liability for any loss or damage that you suffer resulting from the unauthorised use of the Service.

12.6

Each provision of this paragraph 12 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of this Contract.

 

13.

RIGHT TO USE AND TERMINATION

 

13.1

Your right to use the Service as Member User and your inBox shall take effect from the date you become a Visit4info member or the person authorising you to use the Service becomes a Visit4ads member. You may terminate your Visit4info membership, your Visit4ads membership and/or the use of your inBox at any time. You agree that we may, without prior notice to you, terminate your Visit4info membership, your Visit4ads membership and/or your InBox account (including Your Details) and delete any data stored on the Service if we believe that you have breached this Contract or acted inconsistently with the spirit of this Contract or you have infringed or violated the rights of any third party as a result of, directly or indirectly, your use of the Service.

13.2

You acknowledge and agree that on termination of this Contract for whatever reason we are entitled to prevent any further access by you to the Service.

13.3

You further acknowledge that nothing in this Contract or otherwise confers any rights on you in respect of your inBox address and that accordingly, following termination of the Service, we may, in our absolute discretion, assign your account name to another person. This paragraph shall survive expiry or termination of this Contract howsoever arising.

13.4

Once you have become a Visit4info member and have used the Service, you will not be entitled to any refund of any fees paid by you to Visit4 at any time

13.5

Once you have become a Visit4ads member and persons authorised by you to use the Service have used the Service, you will not be entitled to any refund of any fees paid by you to Visit4 at any time

13.6

If you are a Visit4info member, you may terminate this Contract at any time by written notice to Visit4 at the address specified in clause 14 hereof and you will not be liable for any further fees in relation to your Visit4info membership following such termination. However, in the event of the termination of this Contract, or if you cease to be a Visit4info member for any reason whatsoever, you will not be entitled to any refund of any fees paid by you to Visit4 at any time prior to the termination of this Contract.

13.7

You may also terminate your Visit4info membership by logging into your account, going to 'My Account' and selecting 'cancel membership'

13.8

If you are a Visit4ads member, this Contract will terminate, unless renewed, 12 months after the date you became a Visit4ads member or the date on which you most recently renewed your Visit4ads membership. You may give notice at any time, prior to the expiry of your Visit4ads membership, that you wish to terminate your Visit4ads membership, but this Contract will terminate only on the 12 month anniversary of the date you became a Visit4ads member or the date on which you most recently renewed your Visit4ads membership. However, in the event of the termination of this Contract, or if you cease to be a Visit4ads member for any reason whatsoever, you will not be entitled to any refund of any fees paid by you to Visit4 at any time prior to the termination of this Contract.

 

14.

NOTICES

 

14.1

All notices which you are required to give to us shall be made via email to info@visit4info.com, with a hard copy sent by post within 48 hours addressed to Visit4 at the address set out below. All notices which we send you shall be sent by email to your inBox. If we send you an email, it shall be deemed to be delivered within 24 hours after sending unless we receive notification that such email has not been successfully delivered.

14.2

The address for hard copies to be sent is: Visit4 Limited, PO Box 46286, London W5 2ZS

 

15.

RIGHTS OF THIRD PARTIES

 

 

Notwithstanding any other provision in this Contract a person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Contract. Nothing in this Contract shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.

 

16.

SEVERABILITY

 

 

Each provision of this Contract shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

 

17.

NO WAIVER

 

 

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision of this Contract.

 

18.

ENTIRE AGREEMENT

 

 

This Contract constitutes the entire agreement between the parties with respect to their subject matter and excludes any representations and warranties previously given or made other than those terms which cannot be excluded by virtue of the Unfair Contract Terms Act 1977, as amended.

 

19.

CHOICE OF LAW

 

 

This Contract shall be governed by English law and you hereby irrevocably submit to the exclusive jurisdiction of the English courts.