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 previous six years;
"Confidential Data" means all trade secret, confidential or proprietary information of 192.com or its data suppliers including information concerning its products, services, customers, suppliers, business accounts, financial or contractual arrangements or other dealings, computer systems, test data, software, source and object code, business methods and development plans, contained in any format and whether or not communicated orally and whether or not marked "confidential", including the Information;
"Consumer" means an individual acting for purposes which are wholly or mainly outside that person's trade, business or profession;
"D&B Information" means company information supplied by Dun & Bradstreet Limited;
"Information" means information which is made available on the Service in response to a search conducted by You;
"Our Content" means all Information which appears on 192.com other than Your Content;
"Premium Listing" means a listing for a business which appears in response to a user search which has an enhanced cosmetic treatment so that it stands out from normal business listings;
"Property Report" means a report containing Information on a given property address and its surrounding area;
"Service" means all services offered on the web site www.192.com;
"VouchID" means an identity verification service offered via the Service;
"VouchID Results" means Information provided to You in response to a search on VouchID;
"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. They are available in the English language only. Please print or save them for future use as 192.com will not keep a file copy specifically for the transaction with You and 192.com cannot guarantee that they will remain accessible on the Service in future.
Your order is an offer to buy from 192.com. You place your order by using the ordering process on the Service. This involves transmitting the order to 192.com by clicking on the "Pay Now", "Order" or equivalent button. This process permits You to check and amend any errors before making an order by using the change function and/or the internet browser back button. 192.com will send You a confirmation email after Your order. This is 192.com's acceptance of Your offer and the point at which a legally binding contract is formed.
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.
3.1 The Service is provided on an 'as is' basis. Whilst 192.com will use its reasonable endeavours to ensure accuracy of Information:
3.1.1 192.com does not warrant or guarantee the accuracy, reliability or legality of any Information and You accept that it is Your responsibility for determining if the Information is sufficient for Your needs and that You must rely on Your own skill and judgement in doing so;
3.1.2 192.com 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;
3.1.3 192.COM AND ITS DATA SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE OF THE INFORMATION, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGES ARISING OUT OF ANY CREDIT DECISIONS MADE, ANY LOSS OF PROFIT, SAVING OR GOODWILL, AND ANY LOSS OR DAMAGE ARISING OUT OF THE CONDUCT OF THIRD PARTIES;
3.1.4 192.com 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;
3.1.5 192.com hereby limits its financial liability to You for any breach of these Terms & Conditions to the payments received by 192.com from You in the twelve months preceding any claim, though 192.com does not limit its liability arising from death or injury resulting from its own negligence or that of its employees, agents, or sub-contractors;
3.1.6 192.com does not warrant that the Service will be free from interruption.
3.2 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
4.1 The Service provides a number of different services:
4.1.1 People & Business Search
Certain Information returned from People & Business Search requires no registration and is free to view, whereas other Information is only accessible to registered users who have purchased a package of search credits.
To ensure a high quality service for all customers, with respect to free Information 192.com enforces a "fair usage" policy to ensure that users do not use the Service to an unreasonable level. Under this policy if You have registered, You may conduct up to 20 free searches each day. If You have not registered, You may conduct up to 10 free searches each day however you will need to register to see a person's full address or telephone number.
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 11.
To view Information which is not free You must choose one of our packages of search credits as offered from time to time. 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. 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.
4.1.2 Background Reports
4.1.3 Property Reports
4.1.5 See Who's Looking For You ("SWL")
188.8.131.52 You may subscribe to SWL on either a monthly or an annual subscription. The following provisions do not affect any applicable legal rights of Consumers to cancel this contract set out in section 5 below.
184.108.40.206 If You opt to participate in our SWL one month free trial offer, You will be required to provide Your billing card information but Your card will not initially be charged. At the end of the trial period Your card will be charged for the first month subscription fee and will be charged monthly thereafter. At any time during the trial period You may opt to cancel Your subscription and Your card will not be charged.
220.127.116.11 If You purchase an SWL 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 email@example.com. 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.
18.104.22.168 If You purchase an SWL 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 SWL during the first 12 months. Your annual subscription will automatically be renewed and your credit / debit card will be charged on or around the anniversary of Your first subscription.
4.2 A refund of VAT will be provided to customers outside the UK on receipt of:
- a valid VAT number issued in another EU member state; or
- other official confirmation that You are in business in another EU member state; or
- proof that You are located and established outside the EU.
5. Right to Cancel
5.1 Right to cancel: If You are an EU Consumer, You have the right to cancel this contract subject to the following provisions:
5.1.1 You lose the right to cancel agreements for the supply of services which have been fully performed, i.e. completed.
5.1.2 If You do have the right to cancel, the following apply:
22.214.171.124 You have the right to cancel this contract within 14 days without giving any reason.
126.96.36.199 The cancellation period will expire after 14 days from the day of the start of the contract.
188.8.131.52 To exercise the right to cancel, You must inform 192.com of Your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail):
Address: Customer Services, 192.com Limited, Units 8-10 Quayside Lodge, William Morris Way, London, SW6 2UZ;
Fax: 0207 909 2169;
You may use the attached cancellation form.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.
5.2 Effects of cancellation:
5.2.1 If You cancel this contract, we will, subject to 5.2.2, reimburse to You all payments received from You. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about Your decision to cancel this contract. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly requested otherwise; in any event, You will not incur any fees as a result of the reimbursement.
5.2.2 If You requested to begin the performance of services during the cancellation period, You shall pay us an amount which is in proportion to what has been performed until You have communicated to us Your cancellation of this contract in comparison with the full performance of the contract.
6. Restrictions on Use of the Service
6.1 You may use Information for reasonable personal use or, in the case of a business, for internal purposes only. The license to use Information is non-exclusive and non-transferable and for any particular piece of Information is for a term of one year from the date on which that piece of Information was obtained from the Service. You may not collate, sell, rent, sub-license, lease, publish, transfer, distribute, or display Information to any third parties including any parent company, subsidiary, affiliated entity, franchise or dealer. You may not make Information available to others in any form unless required by law and where You have obtained 192.com's consent to do so. 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 alter, adapt, modify, vary, disassemble, de-compile, reverse engineer, or otherwise interfere with the Service or Information.
6.2 You undertake and warrant to use Information and the Service: i) in fair, lawful and responsible ways; ii) not in any malicious, illegal or anti-social activity; iii) not for or in connection with any unfair, anti-competitive, deceptive, sexually explicit, pornographic, offensive, racist, obscene, abusive, violent, criminal, discriminatory, libellous, or defamatory purpose; iv) not in a way which markets or promotes any services in connection with car warranty or mechanical breakdown insurance or the mis-selling of financial products (including the reclaim of payment protection insurance premiums or compensation for mis-selling of PPI products).
6.3 You agree only to use D&B Information for the particular purpose for which it was originally requested and not to use it in connection with providing advice or recommendations to others nor to assess an individual's eligibility for credit, insurance or employment.
6.4 192.com reserves the right to suspend or terminate Your account without notice if You have supplied 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.
6.5 In the case of a business, You agree to ensure that Information shall only be used by authorised and trained personnel and that You will maintain appropriate technical and organisational security measures to safeguard the Information from accidental loss or unauthorised disclosure.
6.6 You may not i) use Information to recreate, in whole or in part, any database; 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.
6.7 You may only use VouchID Results for the purposes of identity verification and for no other purpose whatsoever.
6.8 You undertake and warrant that in using and storing Information 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) and any laws and regulations regarding telemarketing, customer solicitation, privacy and anti-corruption. 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.
6.9 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. You also agree that upon demand You will provide all information that may reasonably be required by 192.com to check Your compliance with this Agreement.
6.10 You undertake that if an event occurs that places You in breach or is likely to place You in breach of this Clause 6 that You will immediately notify 192.com.
7. Intellectual Property
7.1 You acknowledge and agree that the Information and the Service is proprietary to 192.com and / or our data suppliers and comprises: (a) works of original authorship, including compiled information containing our selection, arrangement and coordination and expression of such information or pre-existing material as has been created, gathered or assembled; (b) confidential and trade secret information; and (c) information that has been created, developed and maintained by 192.com or its data suppliers at great expense of time and money, such that misappropriation or unauthorised use by others for commercial gain would unfairly or irreparably harm 192.com and / or its data suppliers. You agree that You will not commit or permit any act or omission by Your agents, employees, or any third party that would impair 192.com or its data suppliers copyright, database rights or other proprietary and intellectual rights in the Information or the Service.
7.2 Information obtained from the Service, the software used to operate it, the trade marks, logos, copyrights, database rights 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 Information or the Service.
7.3 You will not use any or 192.com's or its data supplier's trade names, trademarks, service marks or copyrighted materials in listings or advertising in any manner without 192.com's prior written approval. 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.
7.4 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.
7.5 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.
7.6 192 ® and are Registered Trademarks (Numbers: 010488071 010488054 ) of 192.com Ltd.
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.
9. Protecting Your Security
To ensure that Your credit, debit or charge card is not being used without Your consent, 192.com 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.
10. Your Liability To Us
10.1 If You are a Consumer, 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.
10.2 If You are a not a Consumer, 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.
10.4 This clause 10 shall survive termination of this Agreement.
11. 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.
12. Your Content
When You "Claim", "Add", "Edit", "Review" or "Rate" a business listing on 192.com or otherwise submit Your Content, You agree that:
12.1 You will not "Claim" a business listing if you are not the owner of that business or authorised by that business to do so;
12.2 Your Content is entirely Your responsibility including after You have submitted it to us. You may not imply that 192.com endorses Your Content.
12.3 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;
12.4 You will exercise honesty and decency, common sense and good judgment in contributing Your Content;
12.5 Your Content will not contain anything which is illegal, malicious, defamatory, obscene, offensive, hateful, abusive or inflammatory;
12.6 Your Content will not breach any applicable laws including but not limited to the Data Protection Act (1998);
12.7 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 websites, creating derivative works from it, distributing it and allowing others to do the same;
12.8 You also irrevocably grant users of 192.com and users of other websites that we authorise to use Your Content the right to access and use Your Content;
12.9 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;
12.10 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;
12.11 You acknowledge that 192.com does not vet or monitor Your Content and cannot be responsible for it.
12.12 192.com reserves the right to remove Your Content without notice where it receives information which gives it reason to believe that Your Content may breach these Terms and Conditions or that removal is necessary to protect it or others.
12.13 Your Content may be mixed with Our Content in 192.com's databases and when displayed on 192.com or other websites. You agree that Our Content will remain 192.com's property or the property of its third party data providers and that You will not acquire any rights to Our Content.
12.14 192.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.
13. Premium Listing Subscriptions
Premium Listing subscriptions are collected monthly, the first payment being collected on the date of first subscription, the next payment being collected on the same day of the following month, and so on. Should 192.com be unable to collect a due subscription payment, the Premium Listing will be suspended until payment is received. A Premium Listing subscription can be cancelled at any time by calling 08000 887192 or emailing firstname.lastname@example.org. No refunds will be given for payments already received.
14.1 Subject to clause 14.2 You shall in respect of 192.com's Confidential Data:
14.1.1 keep it in strictest confidence and not make it available to any third party;
14.1.2 only use it for the purposes of this Agreement and, in the case of a business, ensure that only those of its employees who need to know have access to it; and
14.1.3 ensure that before any employee is allowed access to it, the duty of confidentiality under this clause 14 is brought to his or her attention.
14.2 Clause 14.1 does not apply to Confidential Data to the extent that:
14.2.1 it is in the public domain at the date of its disclosure or subsequently comes in to the public domain otherwise than by breach of this Agreement;
14.2.2 it was lawfully in Your possession or known to You by being in Your use or being recorded in Your files or computers or other recording media before receipt from 192.com, or has been lawfully developed by or for You independently of any Confidential Data disclosed to You by 192.com;
14.2.3 it is lawfully disclosed to You by any third party and is not the subject of any restriction as to its use or disclosure imposed by or on that third party at the time of provision;
14.2.4 You are obliged to disclose it by law, by any court of competent jurisdiction or any regulatory body provided that (where permitted by law) You give 192.com reasonable notice of such disclosure and the reason for the disclosure; or
14.2.5 disclosure of the Confidential Information to third parties by You is permitted under the terms of this Agreement or has been authorised in writing by 192.com.
15.1 192.com may terminate this Agreement (including all licences granted under it) immediately on written notice if:
15.1.1 You commit a material breach of this Agreement;
15.1.2 in respect of a business a resolution is passed or an order is made for winding up (save for the purpose of a bona fide reconstruction or amalgamation) or, in the case of an individual, a bankruptcy petition is presented or a bankruptcy order is made;
15.1.3 in respect of a business an administration order is made, or a receiver or administrative receiver is appointed over any of its property or assets; or
15.1.4 in respect of a business, it is dissolved or suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply.
15.2 192.com may restrict or terminate any or all of the licences granted hereunder if as a result of any act or default of any third party data supplier 192.com is no longer permitted or licensed to make the Information or Service available pursuant to this Agreement or if in 192.com's reasonable opinion it is necessary to do so to comply with any law or regulation.
15.3 Upon expiry or termination of the license to the Information You agree that upon request You shall immediately delete, destroy or return all originals and copies of the Information and, upon request, shall provide us with written certification thereof.
16. Rights of Third Parties
You agree that under the Contracts (Rights of Third Parties Act) 1999, 192.com's data suppliers may take action to enforce terms of this Agreement against you if a breach of this Agreement by You causes them damage or has the possibility to do so.
17. English law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and both parties irrevocably submit to the exclusive jurisdiction of the English courts.
BY USING THE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THE ABOVE TERMS AND CONDITIONS.