Terms and Conditions
"192.com" means 192.com Limited of Unit 8-10 Quayside Lodge, William Morris Way, London, SW6 2UZ (Company Registration No: 07180348);
"Background Report" means a report containing Information on a given individual and associated persons;
"CCJ" means a search facility that will inform You if a given individual at a given address has or has not had any County Court Judgments recorded against them in the six years prior to the date on which Your search is conducted on the Service.
"Information" means information which is made available on the Service or within a Background Report in response to a search conducted by You;
"Our Content" means all Information which appears on 192.com other than Your Content;
"Service" means the web site www.192.com;
"You" means you as the user of the Service and "Your" or "Yours" shall be interpreted accordingly.
"Your Content" means any content whether text, graphics, photography, video, audio or otherwise, which is submitted by You for inclusion on our Service, such as when you "Claim", "Add", "Edit", "Review" or "Rate" a business on 192.com.
By using the Service You agree to be bound by these Terms & Conditions. 192.com reserves the right to amend these Terms & Conditions from time to time by publishing revised terms & conditions on the Service via the "Terms" link which can be found at the bottom of every page of the Service. Such revised terms & conditions shall apply in replacement of these Terms & Conditions from the moment that they become available to view on the Service. Your license to use the Service is non-exclusive and non-assignable.
The Service is provided on an 'as is' basis. Whilst 192.com will use its reasonable endeavours to ensure accuracy of Information, 192.com:
- does not warrant or guarantee the accuracy, reliability or legality of any Information;
- expressly disclaims all or any warranties, express or implied, relating to the Service, including in particular any warranties of merchantability or fitness for a particular purpose or to achieve a particular result;
- and its data suppliers will not be liable to You under any circumstances whatsoever for any direct, indirect, consequential, punitive or special damages arising from Your use of the Service or from any errors or inaccuracy in the Information;
- reserves the right, at its discretion and without liability to You, from time to time to make changes to the Information, to alter the nature of the Service, and to withdraw any or all parts of the Service;
- hereby limits its financial liability to You for any breach of these Terms & Conditions (except for any matter for which it would be illegal for a party to exclude liability) to the payments received by 192.com from You in the twelve months preceding any claim;
- does not warrant that the Service will be free from interruption.
You are therefore advised to check any Information provided to You through the Service as any reliance that You place on the accuracy of that Information is at Your own risk.
4. Use of 192.com
The Service provides access to free Information which can be searched without the need to register, and premium Information for which You must register and purchase a package of search credits or a Background Report.
To ensure a high quality service for all customers, 192.com enforces a "Fair Usage Policy" to ensure that users do not use the Services to an unreasonable level. Under this policy:
- If You have registered, You may conduct up to 20 searches each day on free Information. If You have not registered, You may conduct up to 10 searches each day however you need to register to see a person's full address or telephone number;
- if You have purchased search credits You may conduct as many searches as Your credit bank allows.
In the event that You breach this Agreement by circumventing the service controls that prevent You from conducting more than Your daily allowance of free searches, You agree to pay the Data Extraction License Fees detailed in Clause 13.
5. Search Credit packages
In order for You to search premium Information such as the Edited Electoral Rolls; Births, Marriages and Deaths records; and Company and Director Reports You must choose one of our search credit packages as offered from time to time. If You purchase search credits Your available credits will be reduced each time You conduct a search. Once You have used all of Your credits You must purchase additional credits if You wish to continue searching premium Information. Credits purchased with the 6 search credit package will expire one (1) month from date of purchase. Credits purchased with all other search credit packages will expire six (6) months from date of purchase.
VAT is non refundable on all international orders.
6. "See Who's Looking For You" subscriptions
You may subscribe to See Who's Looking For You on either a monthly or an annual subscription.
If You purchase a monthly subscription You will be billed on the date of first purchase and on the same calendar day in each future month until You cancel Your subscription. To cancel Your subscription You should email us at firstname.lastname@example.org. Following receipt of Your cancellation request no further charges will be taken from Your credit / debit card. 192.com reserves the right to alter the monthly subscription charge. If it elects to do so, 192.com will provide 30 days notice that the prices will increase during which time You may cancel your subscription. If You do not cancel Your subscription the increased charge will be applied to Your next monthly bill following expiry of the 30 days notice.
If You purchase an annual subscription You will be billed on the date of first purchase. No refunds will be made for any unexpired part of the year even if You choose to stop using the Service during the first 12 months.
7. Distance Selling Regulations
You agree that because we start to provide the Service immediately following Your payment being accepted, You have no right to cancel Your subscription under the Consumer Protection (Distance Selling) Regulations.
8. Restrictions on Use of the Service
You may use Information for reasonable personal use or, in the case of a business, for internal purposes only. You may not collate, sell, rent, lease, publish or display Information to any third parties. You may not integrate the Service or Information into another intranet/extranet or into another service. You may not use automated scripts, software, spiders or any other automated means to perform searches on the Service. Any attempt to extract or download significant amounts of Information from the Service or to compile a database from Information obtained from the Service is strictly forbidden. You may not adapt, vary, disassemble, decompile or reverse engineer the Service or Information.
You are only entitled to use Information in fair, lawful and responsible ways and Information may not be used in any malicious, illegal or anti-social activity. We reserve the right to suspend Your account without notice if You have supplied 192.com with a false email address or false personal information or where it comes to 192.com's attention that Information obtained from the service is being used in an inappropriate way. You agree to maintain adequate security safeguards to prevent access to the Service and Information by any unauthorised person.
You may not i) use Information to recreate, in whole or in part, any database including but not limited to the Edited Electoral Roll or the Directory Enquiry database or CCJ information; or ii) use Information for marketing purposes; or iii) export or permit the export of any substantial amount of Information to a country which is not within the EAA; or iv) distribute any substantial amount of Information to third parties.
You agree that in relation to all Information derived from the Service You will comply with all applicable laws and codes of practice including the Data Protection Act 1998 ("DPA") and the Code of Practice on Telecommunications Directory Information Covering the Fair Processing of Personal Data (21 December 1998). You are warned that obtaining Information from the Service with the intention of using it for purposes other than allowed for in these Terms & Conditions may be an offence under Section 55 of the DPA and You should be prepared to justify Your use of the Service to the relevant authorities.
You agree that if any complaint is made which relates to Your use of Information You will assist 192.com, its data suppliers, or the relevant authorities in investigating the complaint and You shall take such steps as are reasonably necessary to remedy the complaint as soon as possible.
9. Intellectual Property
Information obtained from the Service, the software used to operate it and the trade marks, logos and other intellectual property used in connection with it are the property of 192.com or have been licensed to 192.com. No ownership or license of any such intellectual property rights is granted to You as a result of Your use of the Service. Some of the telephone data provided on the Service is provided under license from British Telecommunications Plc. Through Your use of the Service You shall have no rights in the BT trademarks nor any right to reproduce those trademarks on any material.
You may not copy the Intellectual Property used in providing the Service without prior written permission of 192.com or the relevant third party provider. For the avoidance of doubt, the CCJ information is subject to Crown Copyright for England and Wales and copyright of the jurisdiction issuing the information for other territories.
192 ® and are Registered Trademarks (Numbers: 010488071 010488054 ) of 192.com Ltd.
Data subjects (as defined by the Data Protection Act 1998) may request details of the information we hold on them, as laid out in the Data Protection Act. We will require proof of identity (such as a passport, utility bill or driver's license). An administration charge of £10 will be applicable for such a request.
Cheques should be made payable to: 192.com Ltd and sent to 192.com Limited, Units 8-10 Quayside Lodge, William Morris Way, London, SW6 2UZ.
11. Protecting Your Security
To ensure that Your credit, debit or charge card is not being used without Your consent, we will validate name, address and other personal information supplied by You during the order process against appropriate third party databases. By accepting these Terms & Conditions You consent to such checks being made. In performing these checks personal information provided by You may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm Your identity, that a credit check is not performed and that Your credit rating will be unaffected. All information provided by You will be treated securely and strictly in accordance with the Data Protection Act 1998.
12. Your Liability To Us
If You are a consumer (meaning a natural person acting outside his trade, business or profession), You will be liable for any reasonably foreseeable loss or damage suffered by 192.com (including its officers, directors, staff, agents) or its data providers arising from Your Content or from any breach by You of these Terms & Conditions.
If You are a not a consumer (as defined above), You hereby indemnify 192.com (including its officers, directors, staff, agents) and its data providers on demand against any claims, losses, damage and liability suffered and expenses (including but not limited to legal expenses) arising from Your Content or from any breach by You of these Terms & Conditions.
This clause 12 shall survive termination of this Agreement.
13. Data Extraction Licence Fees
Without prejudice to the restrictions on use of Information set out in these Terms and Conditions, if You circumvent the Service controls designed to prevent You from conducting more than Your daily allowance of free searches in breach of this Agreement (whether automatically or manually) You agree to pay 192.com £0.9 per search and £0.1 for each record displayed in response to a search ("Data Extraction Fees"). You agree to provide a statement of usage to 192.com each day that Your free searches exceed your daily allowance by fax to 0207 909 2152 detailing the number of searches conducted and the number of records displayed on the Service. In the event that You do not provide a statement of use then 192.com will calculate the number of searches conducted and the fees due based on its search logs, and You agree that the number of records displayed in response to each search will be calculated on the basis of 100 records per search. You agree to make payment within 7 days of receiving an invoice.
14. Your Content
When You "Claim", "Add", "Edit", "Review" or "Rate" a business listing on 192.com or otherwise submit Your Content, You agree that:
- You will not "Claim" a business listing if you are not the owner of that business or authorised by that business to do so;
- Your Content is entirely Your responsibility including after You have submitted it to us. You may not imply that 192.com endorses Your Content.
- it is owned by You or You have the necessary rights to enable You to submit it and that it does not breach the copyright of any third party;
- You will exercise honesty and decency, common sense and good judgment in contributing Your Content;
- it will not contain anything which is illegal, malicious, defamatory, obscene, offensive, hateful, abusive or inflammatory;
- it will not breach any applicable laws including but not limited to the Data Protection Act (1998);
- You agree that 192.com shall have an irrevocable, perpetual, worldwide, free of charge license to use Your Content in any way which it deems fit including but not limited to syndication to third parties, publication on third party web sites, creating derivative works from it, distributing it and allowing others to do the same;
- You also irrevocably grant users of 192.com and users of other web sites that we authorise to use Your Content the right to access and use Your Content;
- Your Content does not contain any virus or other computer code that may damage the systems on which 192.com is hosted or other systems with which 192.com interacts;
- if Your Content is intended to promote Your business or a business in which You are involved, You will openly declare your affiliation to that business;
- You acknowledge that 192.com does not vet or monitor Your Content and cannot be responsible for it.
- 192.com reserves the right to remove Your Content without notice where we receive information which gives us reason to believe that Your Content may breach our terms and conditions or that removal is necessary to protect us or others.
- Your Content may be mixed with Our Content in our databases and when displayed on 192.com or other web sites. You agree that Our Content will remain our property or the property of our third party data providers and that You will not acquire any rights to Our Content.
- 192.com may benefit commercially from the publication and use of Your Content. You agree that You have no entitlement to share in any commercial benefit that 192.com derives.
15. English law
- These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
BY USING THE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THE ABOVE TERMS AND CONDITIONS.