1 User names and Password
1.1 You must ensure that your user name(s) and password(s) used in connection with the Liberty-istore Services are kept confidential and are only used by authorised users. You must inform us immediately if you know or suspect that your user name(s) or password(s) has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our consent.
1.2 We may:
1.2.1 suspend your user name(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and
1.2.2 ask you to change any password(s).
1.3 You must provide accurate information in your online registration form and inform us immediately if there are any changes to that information.
2 Personal Data
2.1 Please note that we may record your telephone calls to us and we will keep a record of your personal data you have provided to us or which we have legitimately obtained in connection with the Liberty-istore Services.
2.2 We will comply with the Data Protection Act 1998 and other any applicable data protection legislation. By registering for a Liberty-istore Account you consent to our using and/or disclosing your personal information for the following purposes:
2.2.1 processing your application, which may involve credit checking by a licensed credit reference agency who may record that a credit check has been made and disclosing certain personal information and account details to a bank for the purposes of setting up a direct debit mandate;
2.2.2 providing, or arranging for third parties to provide, help desk facilities which may be available to you and to bill you for Liberty-istore Services which may involve disclosing your personal information to third parties solely for those purposes;
2.2.3 to selected third parties for the purposes of providing and operating the Liberty-istore Services; and
2.2.4 providing, or arranging for third parties to provide, any additional services you request from us;
2.2.5 as required or permitted by law from time to time.
2.3 We will not use your personal data for marketing other Liberty-izone Ltd products and services or any third party products and services without having given you the opportunity to opt out of such marketing opportunities.
3 Intellectual Property Rights
Content on the Portal is protected by copyright, trademarks and other Intellectual Property Rights. You must not and must not permit anyone else to copy, store, modify, distribute externally, broadcast or publish any part of the Portal.
4 Limitation of liability
4.1 Nothing in this Agreement excludes either party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents or subcontractors or for fraudulent misrepresentation or under the tort of deceit.
4.2 Neither party will be liable to the other under this contract for any loss or damage caused by it or its employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach or any increase in loss or damages results from breach by the party suffering loss of any terms of this Agreement. Further, our liability shall not in any event include losses related to your business such as loss of data, loss of profits or business interruption.
4.3 Subject to Clauses 4.1 and 4.2, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with this Agreement shall for any one incident or series of related incidents be limited to the value of the annual Fees paid (or payable) by you to us in the calendar year in which the liability first arose or the sum of £200 whichever is the greater.
5 Force Majeure
Neither party will be liable to the other for any failure to deliver the Liberty-istore Services or for any breach by it of this Agreement, where such failure or breach is due to a reason outside the reasonable control of such party, including, but not limited to, failure of a third party telecommunications provider, lightning, exceptionally severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency.
6 General Provisions
6.1 We intend to rely upon the terms and conditions set out in this Agreement. To protect your own interest, please read the terms and conditions carefully before signing. If you are in any doubt as to the meaning of the terms and conditions, please contact us via the contact details contained on the Portal.
6.2 This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
6.3 Notices given under this Agreement must be in writing and may be delivered by hand, courier or first class post, by fax or e-mail. Notices shall be deemed to have been given on the following dates: on the date of delivery by hand; and on the date following the date of sending by courier, first class post, fax or e-mail. Notices must be sent to the following addresses: Liberty-izone Ltd, Leytonstone House, Leytonstone, London E11 1GA.
6.3.1 to us at the relevant details of Liberty-izone Ltd set out on the first page of this Agreement or any alternative address which Liberty-izone Ltd notifies to you or which appears on the Portal from time to time;
6.3.2 to you at the relevant details which you submit during the registration process.
6.4 We may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.
6.5 If any part, term or provision of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement will not be affected.
6.6 If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach.
Relevant United Kingdom law applies to this Agreement and the parties submit to the exclusive jurisdiction of relevant United Kingdom Courts.