In this Contract the following terms have the definitions shown next to them:
"IWT" means I Want That Ltd of Unit A, 5 Colville Road, Acton, London, W3 8BL registered in England No. 7314202. Tel. 0844 774 8410
"Business Use" means the use of the Service in a commercial, public service or government context including, but not limited to registered charities. (A corporate version of the service is available. Please contact IWT on 0844 774 8410 for details)
"Contract" means these terms and conditions.
"Customer" means a user of the Service.
"Data" means the name, address, telephone number and or any other information made available by IWT or a third party.
“Licence Fee” means the appropriate sum of money due to be paid for the provision of the Service to allow the Customer to use the Service for commercial purposes.
“Search Credits” means credits to enable the search of the TPS register. Each individual number searched will require one Search Credit.
"Service" means the on-line service of checking telephone numbers against the Telephone Preference Service register whether accessed by web interface or mobile application.
“TPS” means the Telephone Preference Service.
2.1 IWT provides the Service to the Customer on these terms and conditions.
2.2 IWT will provide the Service with reasonable skill and care.
2.3 The Customer accepts and acknowledges that it is technically impracticable to provide a fault free Service and the Customer accepts that IWT does not undertake to do so.
2.4 IWT does not warrant that the Data or Service is free from errors or omissions.
2.5 IWT may suspend the Service for operational reasons such as maintenance or because of an emergency. Before doing so IWT will give the Customer as much notice as possible when the Service will be suspended.
2.6 This Service is provided solely for the Customer's own use and the Customer will not resell the Service (or any part or facility of it) to any third party.
3.1 The Service must not be used in any way that does not comply with the terms of any legislation or any Licence applicable to the Customer or that is in any way unlawful
3.2 The Customer must not:
(a) engage in any form of automated searching or attempt to bulk-download information from the Service. The information delivered to the Customer as the result of a search is for the Customer's use only and must not be transferred, sold, stored or exported to any other computerised system for the purpose of creating a secondary database other than a personal address book containing no more than 1,000 records.
(b) provide, disclose or otherwise make available to any third party any portion of the Data and will use the Service and the Data only for its own personal, private use.
(c) use the Service as the sole source for generating mailing or address lists for direct marketing or other marketing purposes without paying the appropriate Licence fee.
(d) use the Service for commercial purposes outside of the terms of the Licence
3.3 The Customer must not use the Service provided for any purpose except in accordance with the terms and conditions set out in this Contract.
3.4 For the avoidance of doubt, the provisions of this paragraph 3 are not intended to prevent the Customer recording any individual item of Data, or disclosing any individual item of Data, free of charge, to friends or relations for non-commercial purposes.
3.5 The Customer will comply with all reasonable instructions which IWT may give from time to time regarding the use of the Service.
3.6 The Customer hereby indemnifies IWT against any claims or legal proceedings which are brought or threatened against IWT by a third party because the Service is used in breach of paragraph 3.3 or because the Service is faulty and cannot be used by that third party.
4.1 Where software is provided to enable the Customer to use the Service, IWT grants the Customer a non-exclusive, non-transferable licence to use the software for that purpose.
4.2 The Customer will not, without IWT’s prior written consent, copy or (except as permitted by law) decompile or modify the software, nor copy the manuals or documentation.
4.3 The Customer will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.
4.4 The Customer is not entitled to use any registered or unregistered trade mark, service mark or logo belonging to IWT, nor to imply or infer any association with, connection to, authority from or approval by IWT.
4.5 The Customer must not at any time copy, reproduce, publish, display, sell, let, extract, reutilise, relay or disseminate any part of the Data or use it for any purpose other than internal or personal use unless Licenced to do otherwise.
5.1 IWT accepts unlimited liability for death or personal injury resulting from its negligence.
5.2 IWT accepts no liability for any loss whatsoever caused by or attributed to any defect or failure of the Service for whatever reason, including without limitation, the inaccuracy of any portion of the Data.
If IWT is unable to perform any obligation under this Contract because of a matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts of local or central Government or other competent authorities or events beyond the reasonable control of IWT’s suppliers then IWT will have no liability to the Customer for that failure to perform.
7.1 IWT may immediately terminate this Contract or suspend the Service either temporarily or indefinitely at any time without any reference to the Customer.
7.2 In the event that the Customer has paid for access to a Service (such as the corporate TPS checker) IWT will refund that proportion of the contract that it will no longer provide on a pro rata basis for the period that the Service will no longer be provided.
IWT can change the terms of this Contract at any time. IWT will give the Customer notice of the changes by email message.
The Customer cannot transfer or try to transfer this Contract, or any part of it, to anyone else.
IWT may transfer its rights to another party without notice to the Customer.
This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter including any prior correspondence by email.
The parties agree that the terms of this Contract are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
This Contract is governed by the law of England and Wales and both parties submit to the non-exclusive jurisdiction of the English Courts.
One Search Credit will let you enter one search and view one matching record if there are any that match your search information. A Search Credit will still be used even if there are no matches.
You will not need to use additional Purchased Search Credits to search the same number within a 12 month period.
Purchased Search Credits are non-refundable and unused credits will expire twelve (12) months after the date of purchase.
Search credits may, at the complete discretion of IWT, be added to or removed from a User’s account at IWT’s total discretion.
IWT Ltd may from time to time contact the Customer by any electronic or non-electronic means with news about our website, and offers from selected third-parties. By agreeing to these terms and conditions you are granting permission for us to contact you in this way.
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