TERMS AND CONDITIONS FOR USE OF AND ACCESS TO www.BetterDrivingPlease.com

The use of and access to pages of this website operated by iXat Limited trading as BetterDrivingPlease.com ("iXat") is subject to the terms and conditions ("Terms") set out below. Please read and accept these Terms before accessing the website at www.BetterDrivingPlease.com ("Website"). By using or accessing the Website or any part thereof you agree to be bound by the Terms.

COPYRIGHT

@iXat Limited. The copyright in the Website is owned by iXat and protected by United Kingdom and International copyright laws. Any party using or accessing the Website ("Visitor" or “Member”) is entitled to copy any such information for their own personal use but may not re-publish, store or re-produce any such information in any manner, including without limitation electronic reproduction by "uploading" or "downloading", without the prior written consent of iXat. Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Website may be in breach of statutory or common law rights which could be the subject of legal action. iXat disclaim all liability which may result from any unauthorised reproduction or use of the information on the Website. All rights not expressly granted are reserved by iXat.

The right to use the information collated on the Website is owned by iXat. Any Visitor extracting or re-utilising a substantial part of the information collated on the Website or repeatedly extracting or re-utilising parts of the information, without the prior written consent of iXat will be infringing its database rights.

The Website must not be accessed, monitored or copied by any manual process or by any robot, spider or other automated device.

SECURITY OF PERSONAL DATA - PRIVACY POLICY

Objectives

The Website is an online application enabling organisations, businesses (and individuals) to independently monitor and evaluate information, products and services supplied by third party individuals and companies.

As the Internet is not a secure medium of communication iXat cannot guarantee the security of any information which any Visitor inputs on the Website. iXat is not and will not be responsible for any damage any Visitor may suffer as a result of the loss of confidentiality of any such information.

Despite the non-secure nature of the Internet iXat takes the privacy of Visitors seriously and is committed to safeguarding the privacy of all Visitors.

Information Collected

The e-mail address of Visitors will be collected, if not already collected, when Visitors:

· voluntarily complete an enquiry/registration/speciality request form;
· register to become a Member of the Website;
· post messages on or through the Website; and
· communicate directly with iXat by e-mail.

iXat also collects information automatically regarding the specific pages within the Website which Visitors access, which information includes demographic data and browsing patterns. This Iinformation is only used in aggregate form unless the Visitor is in breach of these Terms or as required by law.

Use of Personal Information

iXat processes information collected via the Website:

· for internal audit purposes;
· to help improve the content of the Website and the service iXat offers to Visitors; and
· to provide Visitors with information regarding updates or additional services available on or through the Website.

If you do not wish to receive information via e-mail from iXat in relation to any updates or additional services available on or through the Website please contact iXat by e-mail at admin@BetterDrivingPlease.com

Disclosure of Personal Information

Subject to the next following paragraph, any personal information collected by iXat via the Website will not be passed to any third parties including without limitation commercial organisations, except in an aggregated (ie anonymous) form.

iXat may also disclose personal information collected via the Website in aggregated or un-aggregated form to the police or other law enforcement authorities, any governmental or regulatory authority (including without limitation the DVLA) and/or any court of law of competent jurisdiction.

Use of Cookies

iXat use "cookies" to identify Visitors but only to determine whether (1) the Visitor and/or Member has previously visited the Website; (2) the Terms have been accepted by the Visitor and/or Member; and (3) the Visitor is a Member and wishes to by-pass the registration process.

A "cookie" is a software device which identifies certain Visitors and/or Members as noted above each time such a Visitor/Member returns to the Website and allows iXat to build up a demographic profile of that Visitor/Member in order to provide a personalised service.

The Website will still operate if a Visitor/Member wishes to prevent the use of "cookies" but in such circumstances it is the responsibility of the Visitor/Member to disable the "cookies".

Security

The Website has been designed to protect the privacy of Visitors and any personal information collected by iXat. Such personal information is protected by industry standard physical and electronic security systems.

iXat will hold personal information only for as long as is reasonably necessary to provide the most efficient service to Visitors and Members.

WEBSITE RULES

Visitors and Members understand and agree that the Website is provided "as is" and that iXat assumes no responsibility for, inter alia, (1) any service disruptions or interruptions; (2) the unavailability of particular features or services; (3) the inability to access the Website; (4) the failure or inability to post materials on the Website; (5) the deletion of materials posted on the Website; and (6) the failure to store materials posted on the Website.

Visitors and Members understand and agree that any content may only be posted on the Website ("Content") following the registration of a Visitor as a member of the Website. The Content is the exclusive responsibility of the Member who posted or uploaded such Content and accordingly, such Member agrees to fully indemnify iXat (and its owners, directors, employees and agents) and keep iXat (and its owners, directors, employees and agents) fully indemnified against all loss, charges, expenses, costs and damages of whatever nature which arise directly or indirectly as a result of the publication of such Content on the Website. Visitors and Members acknowledge that iXat is not responsible for, [has very limited control over,] does not endorse and does not verify the Content and iXat makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any such Content. Visitors and Members agree that they will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will iXat be liable in any way to Visitors or members for any Content, including but not limited to, errors or omissions in any Content or any loss or damage of any kind incurred as a result of any content posted or otherwise transmitted via the Website.

The Website contains Content over which iXat has very limited control and as a result iXat cannot guarantee the accuracy or integrity or quality of any Content.

Visitors and members bear all risk in relation to the use of the Website and should not rely on any Content making (or not making) any specific decision or in taking (or not taking) any specific course of action.

iXat has and will exercise the ability to edit, at its absolute discretion and at any time, any Content posted or uploaded on to the Website by any Member.

Visitors or Members must only use the Website for lawful purposes and comply with the following acceptable use standards (“Acceptable Use Standards”).

Visitors must not use the Website:

· in a way which is contrary to any applicable law;
· in a way that is unlawful or fraudulent;
· to interfere with, damage or disrupt any part of the website;
· to copy, reproduce, duplicate or re-sell any part of, or information on, the Website from time to time;
· to transmit or procure the sending of any unsolicited advertising or promotional material; and/or
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Content posted by Members must:

· be accurate;
· be truthful; and
· comply with all applicable law.

Content posted by Members must not:

· contain any material which is defamatory of any person (directly or indirectly);
· contain any material which is obscene, offensive or otherwise inappropriate;
· discriminate on grounds of race, sex, religion, nationality, disability, sexual orientation or age;
· infringe any copyright, database right or trademark of any other person;
· promote any illegal activity or violence; and/or
· be threatening, abusive or invasive.

iXat reserves the right to contact a Visitor or Member by e-mail with regard to his or her use of the Website. iXat has the sole discretion to determine whether or not there has been a breach of the Acceptable Use Standards. The failure by a Visitor or Member to comply with the Acceptable Use Standards may result in iXat taking whatever action iXat deems appropriate including, without limitation, all or any of the following actions:

· immediate, temporary or permanent withdrawal of the relevant Visitor’s or member’s right to use the Website;
· immediate, temporary or permanent removal or editing of any Content posted by a Member;
· issue a warning to the relevant Visitor or Member;
· commence legal proceedings against the relevant Visitor or Member for reimbursement of all loss, charges, expenses, costs and damages on an indemnity basis resulting from such non-compliance;
· take further legal action against the relevant Visitor or Member; and/or
· disclosure of such information to the Police or other law enforcement authorities or any governmental or regulatory authority (including without limitation the DVLA) as iXat reasonably feels is necessary.

If any Visitor believes that Content infringes his/her legal right(s) such Visitor should notify iXat immediately by contacting iXat by e-mail at admin@BetterDrivingPlease.com

TRADE NAMES

Certain names, words, titles, phrases, logos, icons, graphics and designs displayed on the Website constitute trade names or registered or unregistered trade marks or service marks of iXat. The display of any trade names or registered or unregistered trade marks or service marks on the Website does not imply any licence has been granted to any third party in respect of the same. All rights not expressly granted are reserved by iXat.

LIABILITY FOR DAMAGES

iXat shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, the Content, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including pdf files, made available by iXat on the Website.

Any Visitor or member using or accessing the Website shall indemnify iXat from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use or downloading of the software or data or arising from such use or downloading.

iXat is not responsible for invalid destinations or transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. iXat has no liability for faulty or interrupted communication links.

WARRANTIES

Visitors understand and agree that:

· their use of the Website is at their sole risk. Their Website is provided on an "as is" and "as available" basis and as such. iXat expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

· iXat makes no warranty that (1) the Website will meet the requirements of Visitors; (2) the Website will be uninterrupted, timely, secure or error free; (3) any information that may be obtained from the use of the Website will be accurate or reliable;

· any material downloaded or otherwise obtained through the use of the Website is obtained and used at a Visitor’s/Member’s sole risk and discretion and each Visitor/Member will be solely responsible for any damage to their computer system or loss of data that results from the download of any such material; and

· no advice or information, including, without limitation, the Content, whether oral or written, obtained by Visitors through or from the website shall create any warranty by iXat.

iXat excludes any warranty that the Website will be error free, free of viruses or uninterrupted.

LINKS TO OTHER WEBSITES

iXat accepts no responsibility or liability in respect of any material displayed on any third party websites which are not under its control. Visitors acknowledge and agree that iXat shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any material displayed on a third party website not under iXat’s control.

ACCURACY OF CONTENT ON THE WEBSITE

The majority of the Content is provided by third parties. The Content is believed to be reliable when displayed. but iXat cannot guarantee that the Content is accurate, complete and current at all times. All Content is subject to modification from time to time without notice.

CHANGES TO THE TERMS

iXat reserves the right to make changes to any part of the Website and due to its policy of updating and improving the Website iXat may wish to change the Terms. iXat reserves the right to modify these Terms relating to the use of and access to the Website without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Website and the use of the Website by any Visitor/Member on or after any such effective date shall constitute acceptance of such amended Terms. Visitors/Members are expected to check these Terms from time to time to take notice of any changes iXat makes, as they are legally binding on Visitors and Members.

Visitors and Members agree that iXat, in its sole discretion, may terminate a Visitor's/Member’s ability to use the Website, and remove and discard any Content, for any reason whatsoever, including, without limitation, for infringing these Terms. Visitors and Members agree that any termination of their access to the Website may be immediate and without prior written notice.

GOVERNING LAW

The Terms shall be governed by and construed in accordance with the laws of Scotland and if any Visitor or Member intends to take legal action in relation to the Terms and/or the Website such Visitor or Member agrees that the Scottish courts shall have non-exclusive jurisdiction.

GENERAL

If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.

No Visitor or Member may assign, sub-licence or otherwise transfer any of its rights under the Terms.

If iXat or any Visitor/Member fails to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy.

The Headings in the Terms are for convenience only and will have no legal meaning or effect.

© Copyright iXat 2003-2006. All rights reserved.

Return to Top