Part I - Definitions
means a message published or transmitted via the Alerts Online System, including Bulk Alerts, Personal Alerts or Premium Alerts;
means the channel administration and message services provided by Alerts Online via the Alerts Online System;
means a generic notification sent to a number of recipients from a Publisher delivered according to a User's chosen preferences;
means an electronic method of delivery including without limitation by e-mail and SMS;
means the UK government's messaging hub and authentication system;
means a notification originating from a single Publisher sent specifically to You;
means a notification delivered to a User on a fees agreed with Alerts Online (usually on a per message basis);
means any legal entity (including without limitation any government department, local authority, public sector body business, company or charity) which uses the Alerts Online System to deliver Alerts to a User;
means Simple Object Access Protocol;
means these terms and conditions and the Privacy Statement;
means an individual who has registered on the Alerts Online System to receive Alerts from a Publisher or from Alerts Online direct;
means User Account Management SOAP Interface.
1.3 All references to any statute or statutory provision (including any subordinate legislation) shall include a reference to any statute or statutory provision which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced to the same, and shall include any orders, regulations, codes of practice, instruments or other subordinate legislation made under the relevant statute.
Part II - Scope of the Services Provided By Alerts Online
2.1 The Alerts Online System is designed to provide Alert Services to accredited Publishers. The Alerts Online System will also connect to the Government Gateway to allow a government Publisher to send the Alerts to a User.
2.2 Through the Alerts Online System, a User can:
- manage their preferences, preferred Channels and subscription details;
- manage their Channels and subscription details through a Publisher's or a third party's portal provided a Publisher's portal has implemented Alerts Online's SOAP interface (known as UAMSI);
- subscribe to Personal Alerts on a Publisher's portal;
- subscribe to Bulk Alerts on either a Publisher's portal or the Alerts Online System; or
- subscribe to Premium Alerts on the Alerts Online System.
2.3 As it is Our policy to continually improve the Alert Services, We reserve the right to change the specification of the Alert Services from time to time.
Part III - User Registration
3.3 If We exercise any of Our rights under Clause 3.2 above, if you are a User, You may terminate Your subscription to the Premium Alerts at any time by either:
(i) accessing Your subscription details on the Alerts Online System and to unsubscribe from the Alerts Services; or
(ii) accessing Your subscription details on a Publisher's or a third party's portal and to unsubscribe from the Alerts Services
3.4 Any termination will not affect liability previously incurred by either party to the other.
3.5 We have the right to reject Your application to subscribe as a User on the Alerts Online System at Our sole discretion. Assuming that You are eligible to subscribe as a User on the Alerts Online System, We cannot provide Your username or password until You have correctly provided and completed the information on the User Subscription page.
3.6 You agree that all information that You submit to Us whether on the subscription form or otherwise is complete and accurate and that any future information submitted to Us including any modifications or additions to such information will also be complete and accurate.
3.7 You agree to notify Us immediately of errors or omissions in respect of Your subscription details by correcting Your details on the User Subscription page on the Alerts Online System. You will be responsible for notifying Us of any changes to Your details.
3.8 When You register You will be asked to create a username and password or to provide an existing username, password, Government Gateway credential identifier or other credential provider such as .Net Passport.
3.9 You accept full responsibility for use and protection of Your username, password and Government Gateway credential identifier or other credential provider. You must immediately notify Us if You become aware of any loss, theft, or unauthorised use of these.
3.10 You must not disclose or transfer Your username, password, Government Gateway credential identifier or other credential provider to any other person. You must not allow any other person to access the Alerts Online System for any improper or unlawful purposes.
3.11 By subscribing to the Alerts Online System, You confirm that You will adopt procedures to prevent unauthorised access and use of the Alerts Online System.
Part IV - Specific Terms Relating to the Alerts Services
4.1 By subscribing, You agree to allow Alerts Online to send You the Alerts from a Publisher or other third parties to Your chosen Channel. In order to use the Alerts Services available on the Alerts Online System, You must select the Alerts that You wish to receive by completing Your preferences on the User Subscription page.
4.2 You agree to register the correct details of the Channels which are registered in Your sole name and control. If You register a Channel which is owned by a third party, You are liable for any costs which We may incur in confirming that the Channel is owned or registered in Your name. We reserve the right to suspend or terminate Your subscription immediately where You have registered a third party's Channel details without their authority.
4.3 We cannot guarantee the availability of any chosen Channel and We reserve the right to add, change and remove any Channel type without liability. If Your chosen Channel is not available, We will send Your Alerts to Your default Channel.
4.4 We use a number of different third party service providers to deliver the Alerts and We are not responsible for the delivery of the Alerts, the time that the Alerts take to get to Your preferred Channel or the quality of the Alert that You eventually receive. If You experience any problems, please contact Us on firstname.lastname@example.org.
4.5 Alerts Online currently provide the following types of Alerts Services:
(a)Free Personal Alerts: Where You have selected to receive Personal Alerts, such Personal Alerts will be sent to Your chosen Channel within five (5) days from the delivery date requested by a Publisher or from the date of receipt of such Personal Alerts from a Publisher whichever is the later.
(b)Free Bulk Alerts: Where You have selected to receive Bulk Alerts, such Bulk Alerts will be sent to Your chosen Channel within five (5) days of the receipt of such Bulk Alerts from a Publisher.
(i) Where You selected to receive Premium Alerts, You agree to pay a minimum fees depending upon the payment method chosen by You. The fees will be displayed on the Alerts Online System when You subscribe to the Premium Alerts.
(ii) At the time of Your subscription to the Premium Alerts, You will be informed of the cost of each Alert that will be sent to Your chosen Channel.
(iii) No legally binding contract will be formed for the delivery of the Premium Alerts until We receive payment from You.
(iv) If You do not have enough credit to receive Premium Alerts, then the Premium Alerts will not be delivered to Your chosen Channel.
(v) Depending upon the payment method used by You, We may charge You an administrative fees. Such administrative fees will be displayed before You make payment.
Part V - Consumer Regulations
Your subscription to the Premium Alerts is subject to the Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations"). This Part V sets out the requirements under the Regulations.
5.1Identity of the Supplier: Unless otherwise notified to You at the time of Your subscription to the Premium Alerts, the supplier of such Premium Alerts will be Alerts Online Ltd operating from the address below. We use third party subcontractors to deliver the Premium Alerts to Your chosen Channel.
5.2Description of the Alerts: Premium Alerts are those selected in accordance with Your chosen preferences on the User Subscription page. For example, daily weather forecasts or the latest football results.
5.3Fees for the Premium Alerts: You will be charged on a per Premium Alert basis. All fees will be displayed on the Alerts Online System in UK pounds sterling at time that Your credit or debit card is debited. Valued added taxes and other taxes are inclusive and are charged at the rates prevailing at the time that Your credit or debit card is debited. We may increase the fees for Premium Alerts at any time without notice. However, Your subscription to that Premium Alert will be suspended until You either: (i) accept the new fees; or (2) unsubscribe to that Premium Alert.
5.4Delivery Costs: We do not charge separate delivery costs to receive Your Premium Alerts unless otherwise agreed with You.
5.6Cancellation Rights: We will permit You to cancel Your subscription to the Premium Alerts at any time. In such an event, all fees due for Premium Alerts delivered to You up to the date of cancellation must be paid in full.
5.7Communication Costs: You are not charged for the cost of communicating with Us other than the normal costs of a national fixed telephone number or the cost for internet usage in accordance with Your contract with Your telecommunication service provider.
5.8Fixed Fees: The fees for the Premium Alerts are fixed at the time that Your credit or debit card is debited. Our fees may be subject to change from time to time.
5.9Duration of Your Subscription for Premium Alerts: Your subscription to the Premium Alerts will continue until either You or We end it in accordance with Clause 3.3 above.
Part VI - General Payment Terms
6.1WE ARE NOT A BANK AND WE ARE NOT REGULATED BY THE FINANCIAL SERVICE AUTHORITY. ANY FUNDS HELD BY US ARE NOT DEPOSITS AND ARE NOT PROTECTED BY ANY STATUTORY DEPOSIT PROTECTION SCHEME.
6.2 All fees must be made by credit or debit card or by other payment method agreed between You and Us. You may add funds by using any of the above methods. All fees must be paid in advance unless otherwise agreed.
6.3 We may suspend the Alerts Services if We have reasonable belief that You may not pay the fees that You owe and We have requested You to explain the position and You have failed to do so satisfactorily.
6.4 If requested by You, We will refund any fees paid in advance within thirty (30) working days subject to the following conditions and restrictions:
(a) we shall not allow the withdrawal of any funds by You if directed not to return such funds by any competent regulatory or judicial or law enforcement authorities or if doing so would breach or, in Our reasonable discretion, any applicable laws, regulations or other legal restrictions;
(b) we shall deduct any fees then owed or owing to Us from any funds requested to be refunded to You; and
(c) we reserve the right to charge a handling fee of £15 for refunds to You.
6.5 Any dispute over refunds must be sent in writing to Alerts Online at the address set out below.
6.6 You authorise Us to verify personal and financial information (including any updated information), to obtain credit reports from time to time when You subscribe to the Premium Alerts and to obtain credit authorisation from Your credit card issuer (if applicable).
Part VII - Miscellaneous Terms
Use of the Alerts Online System
7.3 You must not upload files that contain viruses, "Trojan Horses", worms, cancelbots, corrupted files or other similar destructive software.
7.4 We use 128bit Secure Socket Layer encryption during Your sessions on the Alerts Online System and We will take all reasonable steps to secure the delivery of Alerts. You acknowledge that once the Alerts leave Our secure server, the Alerts may become insecure and may be susceptible to interception or corruption.
Intellectual Property Rights
7.5 The Alerts Online System includes (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, slogans, product names, trade marks and other material (the "Content") is protected by copyrights, database rights, trade marks and/or other intellectual property rights.
7.6 The Content includes material owned or controlled by Alerts Online, its subsidiaries or its affiliated companies and Content owned or controlled by third parties and licensed to Alerts Online. All individual items and other elements making up the Alerts Online System may be copyright works.
7.7 You may not use any of Alerts Online's trade marks, trade names or taglines without Alerts Online's UK's prior written consent and You acknowledge that You have no ownership rights in and to any of those names, marks and taglines.
7.8 You agree to notify Us in writing promptly upon becoming aware of any unauthorised access to or use of the Alerts Online System by any party or of any claim that the Alerts Online System or any of the Content of the Alerts Online System infringes any copyright, database rights, trade mark, or other contractual, statutory or common law rights of any party.
7.9 You may not make any part of the Alerts Online System available as part of another website, whether by hyperlink, framing or otherwise without Our written permission. The Alerts Online System and the Content may not be used to construct a database of any kind, nor may any Content be stored or distributed (in its entirety or in any part) in any database for access by You or any third party.
7.10 If You would like information about obtaining Alerts Online's permission to use any of the Content or if You would like to link Your website to the Alerts Online System, please write to the address set out below.
7.11 Alerts Online warrants that it will provide the Alerts Services with reasonable skill and care, within a reasonable time and substantially as described on the Alerts Online System. We do not make any other promises or warranties about the Alerts Services. The Alerts Online System and the Content are provided "as is" and "as available" basis. We make no promises that the Alerts Online System will operate uninterrupted or error-free. We do not warrant that the Alerts Online System is compatible with Your computer equipment or that the Alerts Online System or its server is free of errors or viruses, worms or "Trojan Horses" or other similar destructive elements.
7.12 You acknowledge that We may from time to time suspend the availability of the Alerts Online System in order to carry out maintenance, to perform upgrades and nightly backups or otherwise. You accept that We have the right to change the format or technical specifications of the Alerts Online System at any time at Our sole discretion and You accept that such changes may result in Your being unable to access the Alerts Online System.
7.13 While We have endeavoured to ensure the accuracy of the Content accessed via the Alerts Online System, We do not guarantee or give any warranty as to the accuracy, timeliness, or completeness of any Alerts transmitted via the Alerts Online System or in the data contained in an Alert. We are also not responsible for the reliability or continued availability of the telephone lines and equipment You use to access the Alerts Online System or the availability of a Publisher's portal or website.
7.14 We shall not be liable for any technical or typographical errors and We shall not have a duty to update any information or We shall not be liable for any failure to update any information including any data contained in an Alert.
Limitation of Liability
7.15 As a consumer, You have certain legal rights under English Law. We do not exclude or limit any legal rights that You have as a consumer under English Law.
7.19 Subject to Clause 7.16, We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us (such as loss of profits, loss of business, loss of revenue, loss of opportunity, loss of data or software) whether based on warranty, contract, tort (including negligence) or otherwise.
7.20 We will not be a party to any contract between You and a Publisher and accordingly We shall have no liability whatsoever in respect of any such contract. We will not be responsible for any losses, costs, or damages incurred by You arising out of or in relation to any contract (including but not limited to failure to transmit, deliver or receive any Alerts) from a Publisher.
7.21 In the event that You have any right, claim or action against a Publisher, You agree to pursue such claim or action independently of and without recourse to Us and You hereby release Us (including without limitation any subsidiary companies, shareholders, officers, directors, agents and employees) from all claims, liabilities, damages, losses, costs and expenses including legal fees, known and unknown arising from or in any way connected to such right, claim or action.
7.22 When Alerts are submitted to and retrieved from the Alerts Online System, it is sent over the Internet. Due to the nature of the Internet, it is possible that third parties will be able to access such Alerts. In no event is Alerts Online responsible for the security of such Alerts nor any loss or damage of whatever kind arising out of a User's or a third party's access to or use of or reliance on such Alerts.
7.23 We are not responsible for the data contained in the Alerts and do not endorse, unless expressly stated, Alerts created or published by a Publisher that are delivered to You through the Alerts Online System.
Links to Third Party Websites
7.25 We are not responsible for any content on third party websites or portals (including without limitation any portal or website operated by a Publisher) to which the Alerts Online System is linked. The inclusion of any link does not imply endorsement by Us of that third party website or portal.
7.26 We have no obligation to monitor the Alerts transmitted via the Alerts Online System. However, We reserve the right at all times to refuse to deliver or to remove any data in whole or in part in an Alert, for any reason whatsoever, in Our sole discretion. We have the right to edit and delete any Alert published on the Alerts Online System (if requested by a third party).
7.27 We use reasonable steps to keep under review all Our practices, policies and procedures to aid the ability of disabled Users to use the Alerts Online System.
Third Party Rights
Delay Beyond Our Control
Waiver And Invalidity
Jurisdiction, Resolution Of Disputes And Governing Law
7.31 The Alerts Services are only available to Users resident in the UK. The Alerts Online System is not directed at any person in any country where for any reason the publication or availability of the Alerts Online System is prohibited. We do not represent that either the Alerts Online System or the Content are appropriate for use or permitted by the laws in all countries. Those who access the Alerts Online System do so at their own risk and are responsible for compliance with laws or regulations of their own country.
Part VIII - Contact Details
Alerts Online Limited
140-148 Borough High Street
London, SE1 1LB
Company Registration No: 04782534
VAT No: 835 363521
You can also contact Us by sending an e-mail to email@example.com or telephoning Us on +44 (0)845-1279899
©Alerts Online Limited 2004. All Rights Reserved