TERMS AND CONDITIONS OF BUSINESS & DATA PROTECTION POLICY
1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply products (Products) described in our "Shop" on our website www.actnational.co.uk (our site) and on which we supply the "IRAM Online" services or the "Training" services (both Services) described on our site. Please read these terms and conditions carefully before ordering any Products or Services from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions. You may print a copy of these terms and conditions for future reference. www.actnational.co.uk is a site operated by A.C.T. (NATIONAL) LTD, (we). We are registered in England and Wales under company number 04029518 and with our registered office at c/o Rice & Co Bank House, Mill Street, Cannock, Staffordshire. WS11 0DW. Our main trading address is PO Box 14001, Bridgnorth, WV16 6AQ. Our VAT number is 754 2327 37.
2 After placing an order for a Product or a Service, you will not necessarily receive an e-mail or other communication from us acknowledging that we have received your order. Your order for a Product constitutes an offer to us to buy that Product and your order for a Service constitutes an offer to us to buy that Service. All orders are subject to acceptance by us. We will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted or your payment has been received and accepted (the Acceptance). A contract between us for a Product (Product Contract) or for a Service (Service Contract) will only be formed when we send you the Acceptance
3 Access to and use of "IRAM Online" information
3.1 Subject to the following sub-paragraphs of this clause, in consideration of the payment made by you for the "IRAM Online" Services and for the term set out in the Acceptance we grant you a non-exclusive licence to download the information made available to you as part of the Service from our site (Information) and to copy and use that Information for the purpose of reducing risk in your business but you shall not be permitted to use that Information for any other purpose nor shall you be permitted to supply that Information to third parties.
3.2 The licence granted under this clause permits you and your employees, directors and other officers to download, reproduce, modify, upload, and distribute the Information to your employees, directors and other officers but not to any third party. You are responsible for ensuring that all persons who access our site are aware of these terms, and that they comply with them.
3.3 Upon termination of the "IRAM Online" Service, you shall no longer have access to the Information or information that has been uploaded by you to our site. However, shortly before your payment anniversary (or the date that your Service is otherwise due to expire) we intend to invite you to re-subscribe for this Service. If you do not wish to renew the Service, we intend to give you the right to acquire from us a copy of your uploaded documents, in an electronic form in return for payment of an administration fee.
3.4 Your order for IRAM Online or Training Services will be fulfilled by the delivery date set out in the Acceptance or if no delivery date is specified, then immediately upon receipt of the Acceptance unless there are exceptional circumstances.
4 Third party sellers
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5 Delivery of Shop Products
Your order for Products from the Shop will be delivered by or within a reasonable period of any delivery date set out in the Acceptance or, if no delivery date is specified, then within 30 days of the date of the Acceptance unless there are exceptional circumstances.
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7 Price and payment
7.1 The price of our Products and Services will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices exclude VAT and delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Acceptance.
8 Our Liability
8.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product or the Services (as the case may be).
8.2 Without prejudice to the generality of the foregoing, we shall not be responsible for the following losses:loss of income or revenueloss of businessloss of profits or contractsloss of anticipated savingsloss of dataloss of data, or waste of management or office timehowever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.3 Our liability to you in the case of negligence is limited to the maximum extent permitted by law.
8.4 Changes are periodically made to the Information to keep it up to date or to improve it. It is your responsibility for ensuring that you have downloaded the latest Information. Advice contained in Information is generic and is not intended to be a substitute for specific advice tailored to your situation and you should consult an appropriate professional competent person for.
8.5 In relation to "IRAM Online" and "Training" Services you understand that you are responsible for choosing training materials and Information from our site and we make no representations and give no warranties that such selected materials and Information will be suitable for your needs or that training materials or Information will be available to meet your needs.
8.6 From time to time we need to maintain and update the site and in no event shall we be liable for any temporary delay or inability to access the site or use the Services.
8.7 Where you buy any Products or Services from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
8.8 No warranty is given that any information supplied in connection with the provision of a Service (or any advice, guidance or recommendations contained within that information) complies with the laws or best practices of any jurisdiction other than those of England.
9 User ID and Passwords
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
10 Intellectual property
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in the Information and other material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 Our status (and that of any identified contributors) as the authors of the Information and any other material must always be acknowledged.
10.3 If you print off, copy, download or use any part of our site, Information or other materials in breach of these terms, your right to use our site and the Services will cease immediately and you must, at our option, return or destroy any copies of Information or other materials you have made from our site.
11 data protection
We process information about you in accordance with our data protection policy. You will find our policy on our site. You warrant that all data provided by you is accurate.
12 Viruses, hacking and other offences
12.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13 Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14 Import duty
14.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to A.C.T. (NATIONAL) LTD at c/o Rice & Co Bank House, Mill Street, Cannock, Staffordshire, WS11 0DW or via e-mail to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17 Transfer of Rights and Obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of a Product Contractor Service Contract or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Product Contract or Service Contract or any of our rights or obligations arising under it, at any time during the term of the Contract.
18 Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Product Contract or Service Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Product Contract or Service Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If we fail, at any time during the term of a Product Contract or Service Contract to insist upon strict performance of any of your obligations under the Product Contract or Service Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Product Contract or Service Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and conditions or any provisions of a Product Contract or Service Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21 Entire Agreement
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Product Contract or Service Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Product Contract or Service Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Product Contract or Service Contract except as expressly stated in these terms and conditions.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Product Contract or Service Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22 Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products or the commencement of the Services).
23 Law and Jurisdiction
Contracts between us and you will be governed by English law. The parties in relation to any dispute arising from, or related to, such contracts shall submit to the exclusive jurisdiction of the courts of England and Wales.
24 DATA PROTECTION POLICY
A.C.T. (NATIONAL) LTD ("We") are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions of business ) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is A.C.T. (NATIONAL) LTD c/o Rice & Co, Bank House, Mill Street, Cannock, Staffordshire, WS11 0DW. Information we may collect from youWe may collect and process the following data about you:
- Information that you provide by filling in forms on our site www.actnational.co.uk (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
25 IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
26 Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data to provide you with information about goods and services which may be of interest to you.
Disclosure of your informationWe may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If A.C.T. (NATIONAL) LTD or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of business and other agreements; or to protect the rights, property, or safety of A.C.T. (NATIONAL) LTD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
27 Your rights
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
28 Access to information