Terms And Conditions
Report Auction Fraud is operated by Early Warning (UK) Ltd.
Terms And Conditions
1 Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of Early Warning (UK) Ltd., a company registered in England under registration no.4589855 ("Early Warning", "we" or "us"), in relation to this site and the services offered by Early Warning through it (the " Report Auction Fraud Service")
By registering for the Report Auction Fraud Service you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the web site who do not register to become an Authorized User (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Report Auction Fraud Service.
You should be aware that this Agreement may change from time to time in accordance with Clause 21 below.
2 Registration and Payment As an Authorised User
2.1 When you register for the Report Auction Fraud Service you become an " Authorized User". Authorized Users are persons who agree to set up an account with us and pay for our services on the agreed terms.
2.2 You undertake to register for the Report Auction Fraud Service using accurate and current information about yourself including your correct name, address and any other requested details.
2.3 All payments for the Report Auction Fraud Service must be made by charge card unless a separate payment method is negotiated by special arrangement.
When you provide, details of a credit, debit or charge card, you must ensure that
(a) you are fully entitled to use that card, and
(b) it has available funds sufficient to cover the charges which are deducted from it
2.4 As part of the registration process for the Report Auction Fraud Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
2.5 We reserve the right to refuse registration if you fail to meet the registration criteria as follows:
(a) you must not be listed as a fraudster in the Report Auction Fraud database.
(b) you must apply using a valid working email address that is registered to you
(c) you must be 18 years of age or older at the time of registration
3 Privacy policy
Early Warning`s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Report Auction Fraud Service (including any which contain personal information) is, of course, accessible to internet users around the world.
4 Early Warning`s Role
You, whether you are a Authorized User or just a visitor who visits the Report Auction Fraud Service, acknowledge that we are not and cannot be responsible for the behaviour of customers - whether on the Report Auction Fraud Service or outside of it. We only provide a venue where the Report Auction Fraud Service may be accessed. In particular, you should be aware that Early Warning does not pre-screen but does monitor the material contributed by Authorized Users.
5 Additional services
Early Warning or its affiliates may offer new or additional services through the Report Auction Fraud Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Report Auction Fraud Service in an appropriate manner (as determined by Early Warning in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
6 Operation of Report Auction Fraud Services
Early Warning reserves the right to withdraw or modify one or more aspects of the Report Auction Fraud Service where we have legal or technical reasons to do so (including technical difficulties experienced by Early Warning or on the Internet). There may also be times when the Report Auction Fraud Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change your password or other information which facilitates access to the Report Auction Fraud Service
7 Misuse of the Report Auction fraud Service
We reserve the right (a) to suspend or terminate any Authorized Users access to the Report Auction Fraud Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Report Auction Fraud Service, if the relevant Authorized Users or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Report Auction Fraud Service without our prior consent. You are responsible for everything which is done on or through the Report Auction Fraud Service while your Authorized Users account is logged on to the Report Auction Fraud Service, or through your email address(es)
8 Relevance
The Report Auction Fraud Service is intended to be used by its Authorized Users for the purposes referred to in Clause 2 above. Accordingly, Authorized Users must not:- Include an email address, postal address, phone number, the address of any web site, or any other information which is intended to mislead or confuse in material which is posted on the Report Auction Fraud Service - use your access to the Report Auction Fraud Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
9 Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Report Auction Fraud Service.
(ii) Fees paid by an Authorized User will not be rebated or refunded by Early Warning, unless the Report Auction Fraud Service for which the Authorized User has subscribed is completely withdrawn from that Authorized User by us other than in circumstances permitted under this Agreement.
We may add new or ancillary services from time to time which require the payment of fees either to us or a nominated third party on terms which will be provided to you at the time.
10 Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Report Auction Fraud Service, nor any activity or communication you make in connection with any Report Auction Fraud Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
11 Alerting Early Warning
If you see anything on the Report Auction Fraud Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Contact Us " function, or by emailing us here. We do not generally monitor material contributed by Authorized Users before it is placed on the Report Auction Fraud Service and so we are reliant upon users to point out anything which infringes this Agreement.
12 Withdrawal of material and Termination of Authorized Users
Each Authorized User acknowledges that we are entitled to withdraw any material on the Report Auction Fraud Service which appears whether based on information received from Authorized User or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Report Auction Fraud Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Report Auction Fraud Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Report Auction Fraud Service.
13 Disclaimer and Release
Early Warning has no control over or responsibility for the truth or accuracy of any material available on the Report Auction Fraud Service, whether provided by Authorized Users or others.
- If any third party sites are linked to from the Report Auction Fraud Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Report Auction Fraud Service than you do off line.
- Even though Authorized Users are prohibited from doing so, people may provide information, or otherwise behave in a way that is unreliable, misleading or even illegal.
- Your use of the Report Auction Fraud Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Early Warning, its directors, contractors and employees from all liability arising out of or in connection with the Report Auction Fraud Service and the material included here by Authorized Users and other third parties.
14 Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Report Auction Fraud Service (including the material which is contributed by Authorized Users) are owned by Early Warning. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Report Auction Fraud Service, or any of the material which is found on the Report Auction Fraud Service unless properly licensed to do so by us.
By submitting any material to the content of the Report Auction Fraud Service, you:
- Are representing that you are fully entitled to do so;
- Grant us a non-exclusive, royalty-free, non-terminable license right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- Authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
15 Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Early Warning will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
16 Maximum Liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Early Warning under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sum paid by you to us by way of one search fee during the relevant period of twelve months, regardless of the cause or form of action.
17 Non-excluded Liabilities
Nothing in this Agreement limits Early Warning`s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
18 Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Report Auction Fraud Service.
19 Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Early Warning assign or dispose of this Agreement.
20 Entire Agreement
This Agreement includes our privacy policy. Together it contains the whole of the agreement between us and you concerning the Report Auction Fraud Service and it replaces all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
21 Changes to this Agreement
Early Warning reserves the right to change this Agreement from time to time, and post the new version on the Report Auction Fraud Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.reportauctionfraud.com), and the new version of these terms and conditions will take effect and will govern all Report Auction Fraud Services and your relationship with Early Warning. Commencing four weeks after the date of posting (or such later date as Early Warning indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you and you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Report Auction Fraud Service or immediately upon the date of posting (or such later date as Early Warning indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Early Warning`s addresses or email addresses referred to in this Agreement.
22 Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
23 Law
This Agreement shall be governed by and construed in accordance with the laws of
England
and
Wales
.
24 Contact
You can contact us by post at Early Warning (UK) Limited, PO BOX 218 BOGNOR REGIS PO22 8XA.
