If you wish to use this website, you must agree to the terms below as the exclusive basis which governs such use. If you do not agree to any of the terms, do not use this website. |
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| 1 |
User Terms, Definitions & Terminology. |
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1.0.1 |
All instances of the terms outlined in section 1, coloqialisms, alterations and varients thereof, including but not limited to capitalisation and case changes will bear the definition as outlined below in section |
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1.1 |
The Site / The Website means the owner/s, administrators, technical and other staff of virtual contact manager and / or those with a vested interest in the production, maintenance and distribution of data relating directly or indirectly to the disemination of website services or products. This does not include anyone covered in paragraph 1.2 |
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1.2 |
“Member” means a person who has registered to Use the Website. |
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1.3 |
“Messages” means any communication You have with other members via the Website. |
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1.4 |
“Profile” means the data (including contact lists, images and/or other data that you upload and the text You enter to describe Yourself.
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1.5 |
“Service” means the service provided by Us to You which includes, but is not limited to, enabling You to browse the Website, rate photos and display Your profile. |
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1.6 |
“Use” means accessing the Website or using the facilities provided by the Website whether directly or indirectly. |
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1.7 |
“User Terms” means the terms set out herein which govern Your Use of the Website and the acceptance of which by You creates an agreement with Us. |
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1.8 |
“We/Us/Our” means Virtual Contact Manager, a company operating in England as part of the Plexus 2k network under the registration No. 05962588 and any associated persons or companies involved in the design, build, hosting or maintenance of www.virtualcontactmanager.comand www.virtualcontactmanager.co.uk. We can be contacted by post at:Or alternatively via E-mail by clicking here.
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1.9 |
“Website” means the Website www.virtualcontactmanager.com, www.virtualcontactmanager.co.uk or any other website providing the same or similar service under the auspices of Architecture & Design Limited.
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1.10 |
“You/Your” means the person entering into the agreement with Us. |
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1.11 |
"Spamming" means unsolicited and unwarranted communication of any sort to attempt to procure money, services, goods or otherwise from any person or persons (whether a company or otherwise) and is sent in bulk (More than 10 emails, messages or otherwise) of similar content within a limited timescale. This term is subject to interpretation at Our sole discression. |
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1.12 |
“Data” means any digital information, created or converted into digital form for us by a computer or other similar electronic, digital device. Data shall be deemed such if it is of digital format, with little or no physical mas and is of use to anything in the world, including but not limited to members, the website or the operation of computerised equipment. |
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| Access & use of the website is provided by Virtual contact Manager (A division of Architecture & Design Limited - Trading as "Plexus 2k") subject to the following user terms: |
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| 2 |
Use of the Website |
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2.1 |
By Using the Website You agree to be legally bound by these User Terms, which shall take immediate effect from the moment You first Use the Website and on every subsequent occasion that You Use it. If You do not agree to be legally bound by all of the following User Terms You should cease Using the Website immediately. |
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2.2 |
Architecture & Design Limited reserves the right to change these User Terms at any time by posting changes on the Website. It is Your responsibility to review these User Terms regularly to ensure You are aware of any changes made. Your Use of the Website after changes have been posted means that You agree to be legally bound by the new or amended User Terms. |
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2.3 |
By agreeing to these User Terms You acknowledge that You fully understand the terms and conditions that apply to Your Use of the Website. You also warrant that You have the right to enter into and be bound by these User Terms. |
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2.4 |
You take full responsibility for any Use You may make of the Website. |
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2.5 |
You must only register using Your own personal data. Under no circumstances should You impersonate someone else. |
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2.6 |
Architecture & Design Limited reserves the right to introduce a membership fee and make this a site for paying members only, without prior notice. |
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2.7 |
All use of uploaded data are subject to these terms and conditions and by uploading any data to the website, you are agreeing to be bound by all terms and conditions, including but not limited to those terms outlined in section 3 of this document. |
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| 3 |
The use of uploaded data |
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3.1 |
By uploading any data to the website, including but not limited to emails, messages, images, contact list data, diary data and member / user profiles, the uploading member agrees that they have rights to use said data. |
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3.2 |
Any infringement of copyright, privacy and / or data protection rights are the responsibility of the owner of the offending member's account as outlined in 3.3 below. |
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3.3 |
The owner of the user account shall be deemed the person named on the account as the instigator of the procurement of our services and is bound by the terms in paragraph 2.5. |
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| 4 |
Restrictions on Use: |
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4.1 |
You warrant that You are at least eighteen years old. If You are younger You must not Use this Website. |
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4.5 |
You undertake not to Use this Website to solicit any communication with a person whom You know or believe to be under the age of eighteen years old. |
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4.6 |
Unless authorised by Us in writing, You undertake that You will not Use this Website to promote/advertise any other website, service or business in any way nor solicit the provision of any funds, service or business including the purchasing and selling of products. |
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4.7 |
Any photograph that You upload to the Website must contain You as the subject. In other words You must be the person in the photo. If any other people appear in the photograph You must either obtain their permission to exhibit the photo on the Website or You must take all necessary steps to ensure that their identities have been adequately obscured. Failure to do so will constitute a breach of Our terms and conditions. |
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4.8 |
Your messages and profiles and must be factually accurate and not include impersonation of any kind. They must not contain anything that is defamatory or that infringes any law. Neither should they contain any statement that expresses or implies that the views therein are endorsed by Us. |
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4.9 |
Your data, including, but not limited to contact lists must to the best of your knowledge contain accurate information and not include any deliberate falsification or impersonation of any kind. |
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4.10 |
Your photographs, messages and profiles must not contain anything that may be deemed to be objectionable or submitted in a manner intended to be disruptive. 'Objectionable' includes material that under the laws of any jurisdiction is (but is not limited to) any unlawful, vulgar, defamatory, malicious, profane, harassing, abusive, threatening, obscene, misleading, invasive of privacy, racially offensive, sexually explicit, mischievous or offensive content. ‘Disruptive' includes (but is not limited to) the submission of multiple messages or communications of the same or very similar content (spamming) or those submitted with the intention of causing any person embarrassment, harassment, alarm or distress. 'Mischevous' includes (but is not limited to) the use of any data, whether uploaded by You or otherwise that may be used in connection with terrorism, organised crime, (including but not limited to) burgalary, fraud, money laundering, tax evasion or industrial sabbotage, or any illegal activity of any kind. |
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4.11 |
You must not Use the Website to disclose private or personal matters concerning any person or their sexual orientatation, infringe any copyright, trademark or other intellectual property rights, constitute or encourage a criminal offence, purport to be someone other than Yourself, purport to be validated or authorised by someone to do something when it has not been. Falsify qualifications or fitness for any activity known to man. |
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4.12 |
You must not contaminate the Website or other members by uploading a virus, worm, trojan horse or other harmful code. |
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4.13 |
Messages and profiles may contain languages other than English, but must be subject to condition 4.19. |
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4.14 |
You undertake not to misuse the Service provided in any way. |
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4.15 |
You acknowledge that views and opinions expressed on the Website are the members' own views and not necessarily Ours. |
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4.16 |
By submitting Your photo to the Website You understand that You are warranting to Us that You are entitled to have the photograph displayed on the Website and giving permission for that photo to be displayed on the Website for the purpose of Architecture & Design Limited displaying it in accordance with the services we provide. |
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4.17 |
You must not under any circumstances submit a photograph that contains children or anyone under the age of 18. Photographs that contain children whose identities have been obscured are also not allowed. |
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4.18 |
Messages must not contain text or images that are restricted or password protected except where this information has been agreed to be transmitted by the receiver. This does not include automatic appendage to any communication which is added by us. Failure to adhere to this stipulation will constitute a breach of Our terms and conditions. |
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4.19 |
Languages other than English may be used if it is the selected preferred language of the recipient. Langauges other than English are subject to the same terms and conditions of the website. No exception will be made for language differences with regard to the interpretation of these user terms. Final decisions will be made by a court within England and Wales where deemed appropriate by Us and subject to paragraph 8.2. |
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| 5 |
Disclaimers Liability and Indemnity: |
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5.1 |
We do not guarantee or promise that this service will provide any specific results. The service is provided on an “as is” and on an “is available” basis without representations or warranty being made, whether expressed or implied by law, to the full extent permitted by law, including but not limited to the implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, compatibility, security and accuracy. |
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5.2 |
We do not warrant that the Service will be free from interruption, secure or free from errors. From time to time it may be necessary to suspend or remove the Service for operational reasons, including but not limited to, planned and/or emergency maintenance, repairs or upgrades. We undertake to operate the Website with reasonable care and correct defects with all due diligence, although do not warrant that defects will be corrected. Similarly, We cannot warrant that the server providing the Service is free of computer viruses/bugs. |
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5.3 |
You must ensure that You have suitable scanning software, firewalls and other safeguards in place to protect You from any virus or other contaminant which may affect You directly or indirectly through Your Use of the Website. |
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5.4 |
Your Use of the Service is entirely at Your own risk. To the extent that the law allows, You release Us from all liability arising out of or in connection with the Service and content included on the Website. |
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5.5 |
When searching for other members by geographical location We cannot guarantee that those members actually live in that location. Similarly all other information displayed on the Website for a particular member has been provided by Our members. We therefore accept no responsibility for the accuracy of this information and You must make Your own judgement as to its authenticity before initiating any kind of contact with that member. |
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5.6 |
You hereby agree fully to indemnify us, keep Us indemnified and hold us, associated persons and affiliated companies harmless from and against any and all liabilities, costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by Us and/or affiliated entities directly or indirectly and in any jurisdiction as a result of any Use by You of the Website or which occurs as a result of Use of a computer through which You access this Website. |
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5.7 |
Where a claim is made against Us as a result of Your conduct or breach of the User Terms or a complaint/charge is made by another party against You, You agree to pay, hold harmless and defend Us in the claim or action. You undertake to assist Us to defend any such claim by cooperating fully with Us and allow us, although not obligated, to assume the exclusive defence and control of the matter where We see fit. |
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5.8 |
You agree that under no circumstances shall We or any related person or entity be liable for any direct, indirect, consequential incidental or any other type of loss or injury resulting from Your Use, or downloading of any content from the Website or for any Use made by any third party of information posted by You on the Website. |
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5.9 |
You agree that We are not liable for any loss or injury sustained by You through Use of any of the Website(s) whether caused in whole or in part by Our negligence. |
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5.10 |
To the maximum extent permitted by law We will not be liable under any circumstances for any loss, injury or damage caused in whole or part by, failures, delays, interruptions or otherwise to the Service whether such losses, injuries or damage were/was foreseen, foreseeable, known or otherwise. |
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5.11 |
Where You have a claim or right of action against another user arising out of their Use of the Website, You undertake to proceed independently of and without demands from Us and release Us from all claims, liabilities and damages connected to that action. |
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5.12 |
We cannot verify a member's actual year of birth, You should be aware that the age ranges are approximate and not definite. We accept no responsibility for any inaccuracies relating to members ages. |
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5.13 |
Similarly to paragraph 5.12, we cannot guarantee the accuracy of any any user-submitted data. |
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5.14 |
We do not have responsibility for or endorse other websites that have links on the Website. We accept no responsibility for their availability, suitability, reliability or content. |
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5.15 |
We accept no liability for any physical, emotional or mental injury that may arise as a result of any action including but not limited to receiving an unwanted or unfavourable communication of any kind. |
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5.16 |
We accept no liability for any offence that may be taken by visitors to Our website. We accept no responsibility for any offence taken on personal, religious, spiritual or cultural grounds. |
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5.17 |
We are not responsible for the conduct of users either online or offline. |
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| 6 |
Misuse of the Service and Termination: |
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6.1 |
If in Our opinion We consider that You have breached any of the User Terms in this agreement We reserve the right to take such action as is necessary to protect the interests of other users and the reputation / interests of the Website. |
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6.2 |
We reserve the right to edit/delete, or require You to edit/delete content submitted in photographs, messages and profiles that is in breach of these User Terms or has the effect of causing any person embarrassment, harassment, alarm or distress or contravenes any or all of the terms here written. |
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6.3 |
We reserve the right to restrict or modify Your access to certain services accessible on the Website or even suspend or terminate Your Use of the Website in serious cases, without notice, where we, in Our sole discretion, believe that You have breached any of these User Terms or that Your Use in any way constitutes a violation of Our policies, whether stated, implied or not. We are also entitled to use such technological means as We see fit to achieve this. |
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6.4 |
If one of Your photographs, messages or Your profile is the subject of complaint You will be notified in writing and the photograph/message/profile withdrawn pending a review of the circumstances. You will be informed in writing by E-mail of any complaint received unless the complainant specifically requests otherwise. |
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6.5 |
Removal of your data |
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6.5.0 |
Your data may be removed in the following cases : |
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6.5.1 |
If you have uploaded data that is the private data of another individual who makes a complaint or request for said data to be removed, whether subject to the Data Protection act or otherwise. |
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6.5.2 |
If Spamming occurs using said data. |
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6.5.3 |
In the event of any breach of these User Terms, though this will be as a last resort in the majority of instances. Removal of data under this term will be reserved for only the most hanous breaches of this contract at Our sole discression. |
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6.6 |
If Your Use of this Website is suspended or terminated We will inform You in writing by E-mail to the address You have nominated. You must not attempt to Use the Website thereafter without Our prior consent. Under no circumstances should You attempt to re-register under any other name or Use the Service provided to any other person. |
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6.7 |
If we decide to excercise our right under paragraph 6.6, we reserve the additional right (though not obligated to do so) to change your data to protect our interests, including, but not limited to alteration of passwords to prevent your access to the site and/or your data. |
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6.8 |
On termination of Your account in the circumstances shown above, We reserve the right, although are not obligated, to delete all data, messages, photographs and profiles submitted by You. |
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6.9 |
You are responsible for all data, messages, profiles and photographs sent to Us while Your registration account is logged on to the service. We reserve the right to have You change Your password in cases where there is any suggestion that a password has been compromised. Likewise we may (but are not obligated to) change your data without prior notice, including, but not limited to alteration of access passwords. |
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6.10 |
You may terminate Your registration at any time by sending Us written confirmation by post or E-mail. On termination We reserve the right, but are not obligated, to delete all photographs, data, messages and profiles submitted by You. |
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6.11 |
Termination shall be deemed such by 6 months of your continual inactivity on the website. If this occurs, we reserve the rights outlined in paragraph 6.11. |
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6.12 |
We reserve the right to make changes or discontinue the Service or parts thereof without notice. |
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| 7 |
Intellectual Property: |
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7.1 |
You acknowledge that the content of the Website is subject to copyright, trade marks, design rights and intellectual property rights. These rights are owned by Us and extend to data, messages and profiles. Nothing in these User Terms shall have the effect of conferring by implication or otherwise any licence or right to use any of Our copyrighted material, trade marks, design rights or other intellectual property rights. The creation of derivative works from the Website is similarly restricted. |
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7.2 |
You agree that by using the website, you are subjected to knowledge of our systems, procedures and services. |
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7.3 |
You agree that according to the term outlined in paragraph 7.2, you will not use any knowledge of our company to attempt to duplicate, in whole or in part any element of or belonging to the website, whether relating to design rights, procedures, operation of the business, general idea or otherwise. This extends to all of your connections, to the full extent applicable by law in accordance with paragraph 7.4 below. |
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7.4 |
In accordance with (but not limited to) paragraph 7.3 above, you will not use any knowledge, gleened from the website to communicate to others any information that may be deemed private, in contravention of national or international security, intellectual property or design rights, trademarks or subject to any other terms within this document. |
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| 8 |
General |
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8.1 |
Any contravention of any paragraph including (but to limited to) under section 7 constitues a breach of these terms and conditions and so, You agree that We may seek compensation if as a direct or indirect cause of any action by You, We have suffered any loss, whether commercial, financial, technical or otherwise. |
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8.2 |
These User Terms shall be governed by and interpreted in accordance with the laws of England and Wales . You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these User Terms. |
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8.3 |
If any of these User Terms are determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these User Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these User Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. |
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8.4 |
You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which You are accessing the Website. This Website is operated from England with servers also in The United States Of America. We make no warranty or representation that the information contained within the Website is appropriate for, or available for use, outside England and Wales. |
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8.5 |
Failure on Our part to enforce these User Terms does not constitute a waiver of such a right. |
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8.6 |
We reserve the right, but have no obligation, to monitor disputes between You and any other person where the reputation of the Website is threatened. |
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8.7 |
A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any clause of these User Terms. However they may contact us to discuss their options. |
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| Access and Use of Virtual Contact Manager is provided by Architecture & Design Limited subject to the following Privacy Policy: |
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| 9 |
Privacy Policy |
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9.1 |
This Privacy Policy forms part of the User Terms, and by agreeing to them, You are consenting to Us handling Your personal data in accordance with this policy. It is important that You read this policy in conjunction with the User Terms: |
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9.2 |
We reserve the right, but are not obligated, to monitor data, photographs, messages and profiles and to ensure that they comply with the User Terms set out in this agreement. However, We cannot and do not monitor all data, photographs, messages and profiles and therefore offer no guarantee as to the content. We assume no responsibility for verifying either the identity of the registrant or the accuracy of the content of data, photographs, messages and profiles they use / upload. |
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9.3 |
Data Protection: |
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9.3.1 |
Architecture & Design Limited is committed to compliance with the Data Protection Act 1998 applicable in the United Kingdom . We are considered a data agent under the said Act. By providing Us with Your personal data You consent to Us transferring the said data to countries and jurisdictions where the provision of data protection may not be the same as in the United Kingdom. |
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9.3.2 |
Your personal data will be used by Us to provide You with Our services. |
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9.3.3 |
You are entitled to request a copy of any personal data that We hold about You and amend any inaccuracies. This can be done by sending a written request, with stamped, addressed envelope and a cheque for £20 made payable to:
Virtual Contact Manager
C/o Architecture & Design Ltd
12 Perches Close
Plymouth
Devon
PL8 1HZ |
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9.3.4 |
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9.4 |
Data Handling |
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9.4.1 |
Whilst We hold surnames, dates of birth and E-Mail addresses We will not disclose these on the Website in any circumstances, unless of course We have Your permission to do so. From time to time We may request further data such as a contact telephone number or address, usually in connection with a promotional campaign or competition. This data will be treated in the same way. |
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9.4.2 |
We will only Use Your E-Mail address to enable Us to provide a first rate service to You. E-Mails will only be sent to You when necessary for example; to confirm that You control the E-Mail address nominated at the time of registration; to alert You to the existence of a reply to a message You have created; to give You notice that a message You have created has been the subject of an objection; to warn You of an infringement of the User Terms and to supply You with Our occasional newsletter. Likewise your data is only used to provide the services of the site and will not be passed to any other third party without your consent. |
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9.4.3 |
Your consent as required in paragraph 9.4.2 will be considered given by the uploading of data pertaining to our contact management service whereby we contact the individuals whose data you uploaded to ensure that they have your correct details. |
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9.5 |
Security |
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9.5.1 |
We endeavour to take all reasonable steps to protect Your data, however, We cannot guarantee the security of any information You disclose on-line. You accept that there are inherent security risks involved with using the Internet and will not hold Us responsible for any breach of security unless this is due to Our negligence or wilful default. |
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9.5.2 |
The Website contains links to other websites. We are not responsible for the privacy policies, or the content, of those websites. |
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9.5.3 |
You undertake to make the Website secure by keeping Your password secret; ensuring You log out and close Your browser when You have finished Using the Website; ensuring that no one else uses the Service provided by Us to You and protecting unauthorised access to other users' data. |
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9.6 |
Cookies |
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9.6.1 |
A cookie is a small data file created by a Web server that is stored on Your computer either temporarily for that session only or permanently on the hard disk (persistent cookie). Cookies provide a way for the Website to identify users and keep track of their preferences. |
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9.6.2 |
Cookies are commonly used to "maintain the state" of the session as a user browses around on the Website. For example, if You filled out a form and decided to leave that for a moment to view another page, when You come back to that form, the data would still be there. Without cookies, the Website would not know who You were |
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9.6.3 |
We may (but are not obligated to) use cookies to tie Your session information when You log into the Website only. No personal data is stored in the cookie at all. This is done server-side and is secure. It is therefore safe to log into the Website from any computer in the world, safe with the knowledge that Your personal information will not reside on the computer that You used. The cookie maybe safely deleted at anytime if You wish to do so. It will, however, be re-created when You log into the Website.
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9.7 |
General |
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9.7.1 |
Unless We have Your permission, We will not disclose Your personal data to a third party for commercial exploitation. We will only disclose Your personal data to a third party in accordance with this Privacy Policy. |
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9.7.2 |
We reserve the right to transfer personal data We hold to any third party who should acquire the substantial share of the assets of Our company, in order that they continue to provide the Service. |
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9.7.3 |
We reserve the right to disclose personal data on legal grounds, to third parties where legally compliant requests for disclosure are made or the reputation of the Website is threatened. |
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9.7.4 |
If You have any questions regarding this Privacy Policy please contact Us by post at:
Virtual Contact Manager
C/o Architecture & Design Ltd
12 Perches Close
Plymouth
Devon
PL8 1HZ
Or alternatively via E-mail by clicking here. |