This agreement applies as between you, (“the User”) of channeliser.com (“the Site”) and Channeliser Limited, the owner and operator of the Site. Your agreement to comply with and be bound by this agreement (the “Terms and Conditions”) is deemed to occur upon your acceptance of the same. If you do not agree to be bound by these Terms and Conditions, you should stop using the Site immediately.
channeliser.com is a website that enables IT companies to become members by providing basic company information, and where they can profile their business through a series of tick boxes that define their business activities along with some free text for describing the business. Other members can then perform detailed searches to identify IT companies that match specific criteria. Members can view other company profiles and company information. Additional social functionality allows members to add more User Content to their company profiles; (such as documents, reviews, photos, videos, blogs, forums) and enables interaction between members (such as message, connect, IM, join groups). There are levels of visibility that are user defined enabling members to specify their User Content to be public or private. It is at the members discretion as to whether information is public or private. User Content that is deemed to be “public” can be exposed and viewed outside the Channeliser website (such as on search engines like Google and Bing.)
This agreement also applies to Users of the Premier Membership service. Your agreement to comply with and be bound by the terms and conditions specific to the Premier Membership service is deemed to occur upon your application to use the Premier Membership services. If you do not agree to be bound by these additional terms and conditions, you should not proceed to apply to use and you should not subscribe to use the Premier Membership services.
No part of this Site is intended to constitute a contractual offer capable of acceptance, other than your application to use the Premier Membership services which does constitute a contractual offer and the Company’s acceptance of that offer is deemed to occur upon receipt by the Company of your Subscription Payment, on occurrence of which the Premier Membership service will be made available to you.
These Terms and Conditions are effective from 1st March 2016:
In these Terms and Conditions the following terms shall have the following meanings:
2.1 The Company provides a business community forum and hosted blog service consisting of a web based software component for the creation, editing and formatting of User Content and a hosting component for the storing of published User Content.
2.2 Users are required to create an Account in order to access and use the Service. The creation of Accounts is subject to the provisions of Clause 3 of these Terms and Conditions.
2.3 The Company shall use its reasonable endeavours to ensure that the Site and the Service are available at all times, however the Site and the Service are provided on an ‘as is’ and ‘as available’ basis and their availability and reliability are therefore not guaranteed. The Company gives no warranty that the Site or the Service will be free of defects and faults. To the maximum extent permitted by law the Company provides no warranties (express or implied) of the Site’s fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2.4 The Company has the right to modify, alter, suspend, or discontinue any part (or the whole of) the Site including, but not limited to, the products and/or services available or terminate the Site or the Service at any time and without notice. These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
2.5 Users and Visitors may not reproduce, duplicate or resell any part of the Site or the Service.
3.1 Users are required to create an Account in order to use the Service. When creating an Account, the selection of a username and password is required. Usernames are at the discretion of the User, however Users must abide by the provisions of this Clause 3 when selecting a username. To maximise security, passwords should utilise a combination of letters and numbers and should not be obvious nor easy to guess. Any failure to adhere to this requirement could result in the suspension and / or deletion of your Account.
3.2 When signing up for an Account Users represent and warrant that:
4.1 When using the Service, communications facilities or content submission, or any other part of the Site, which allows for the posting of User Content, Users must abide by the rules set out at the following [link] and at Schedule 1 hereto.
5.1 In order to procure and use the Premier Membership services on this Site Users are required to provide additional Account information. The Company requires Users to make a Subscription to gain access to the Premier Membership services. Additional terms apply to the use of the Premier Membership services, and these can be found here [link] and at Schedule 3 hereto.
6.1 The Company is not responsible for any User Content and has no obligation to monitor or screen it.
6.2 The Company will not be liable in any way or under any circumstances for any loss or damage that Users and other third parties may incur as a result of User Content, nor for any errors or omissions in such material or any other part of the Site. Use of and reliance on the Site, the Service and User Content is entirely at the risk of the User or Visitor.
7.1 Where the Company is subject to any costs, liability, damages, loss, claims or proceedings, which may arise as a result of User Content the User responsible shall indemnify the Company against the same.
8.1 All Channeliser Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or our affiliates. By continuing to use the Site Users acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
8.2 Subject to Clause 11 of these Terms and Conditions Users may print, reproduce, copy, distribute, store or in any other fashion re-use User Content from the Site for personal purposes only unless otherwise indicated on the Site or unless given express written permission to do so by the Company. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically Users agree that:
9.1 Subject to the ownership rights of third parties in materials posted by Users, all User Content is and shall remain the property of the User responsible for creating and posting it.
9.2 Nothing in these Terms and Conditions vests any intellectual property rights subsisting in User Content in the Company. Notwithstanding this provision, the Company is deemed to be granted a non-exclusive, worldwide, royalty free licence to publish and distribute any and all User Content upon its submission to the Service for the sole purpose of its display on the Site. This licence shall be deemed revoked in the event that User Content is deleted or otherwise removed from the Site by the User who posted it.
9.3 Users shall be responsible for the enforcement of all intellectual property rights in their User Content. Under no circumstances will the Company be a party to or assist in any intellectual property claims that a User may wish to pursue against another party for the infringement of the intellectual property rights subsisting in their User Content.
10.1 Subject to the exceptions in Clauses 9 and 11 of these Terms and Conditions, all Channeliser Content included on the Site including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or its affiliates. By continuing to use the Site Users and Visitors acknowledge that such material is protected by applicable United Kingdom and International intellectual property, copyright and other laws.
10.2 Subject to Clause 11 of these Terms and Conditions Users and Visitors may print, reproduce, copy, distribute, store or in any other fashion re-use Channeliser Content from the Site for personal purposes only, unless otherwise indicated on the Site or unless given express written permission to do so by the Company. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically Users and Visitors agree that:
11.1 Where expressly indicated, certain Channeliser Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Channeliser Content, unless expressly stated to be so, is not covered by any permission granted by Clause 10 of these Terms and Conditions to use Channeliser Content from the Site. Any such Channeliser Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
12.1 Any and all material from the Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
13.1 The Site may contain links to other social networks or websites. Unless expressly stated, these social networks or websites are not under the control of the Company or that of our affiliates. The Company assumes no responsibility for the content of such social networks or websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another social network or website on this Site does not imply any endorsement of the social networks or websites themselves or of those in control of them.
14.1 Users and third parties wishing to place a link to the Site on other social networks or websites may do so only to the home page of the site www.channeliserlive.comwithout prior permission. Deep linking requires the express permission of the Company. Users and third parties wishing to place deep links must contact the Company at firstname.lastname@example.org.
15.1 If a User breaches any of the provisions of Clause 4 of these Terms and Conditions the Company reserves the right to suspend or terminate that User’s access to the Service. Any Users banned in this way must not attempt to use the Site under any other name or by using the access credentials of another User, with or without the permission of that User.
16.1 Use of the Site is also governed by our Cookie & Privacy Policies, which are incorporated into these Terms and Conditions by this reference. To view the Cookie & Privacy Policies, please click on the following [link] or see Schedule 2 hereto.
17.1 Whilst the Company uses reasonable endeavours to ensure that the Site and the Premier Membership services are secure and free of errors, viruses and other malware, all Users must take responsibility for their own security, and of their personal details and their computers.
17.2 The Company makes no warranty or representation that the Site or the Service or the Premier Membership services will meet Users’ or Visitors’ requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. The Company makes no guarantee of any specific results from the use of the Site or the Service or the Premier Membership services.
17.3 The company is not responsible for any material created or submitted by Users of the Site. No material created by Users is endorsed or otherwise supported by the Company. The Company assumes no responsibility for any offence, loss or other harm resulting from material created or submitted by Users.
17.4 Whilst the Site contains Channeliser Content, some of which may be in the form of, for example but not limited to, white papers relating to best practice, and other topics, no part of the Channeliser Content is intended to constitute anything other than generic guidance, and neither the Channeliser Content nor the User Content of the Site should be relied upon when making any decisions or taking any action of any kind.
17.5 No part of the Premier Membership services is intended to constitute anything other than generic guidance and neither the Channeliser Content or User Content of the Premier Membership services should be relied upon when making any decisions or taking any action of any kind. Other than the Subscription, no part of the Premier Membership services is intended to constitute a contractual offer capable of acceptance.
17.6 The information on the Site is not designed with commercial purposes, other than promotion of trading activity between Users, in mind. Commercial use of the Site, other than that associated with the trading between Users and the selling or purchasing of User products and / or services, is prohibited by these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and the Company makes no representation or warranty that the Channeliser Content or User Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
17.7 Whilst every effort has been made to ensure that all descriptions of services available from the Company correspond to the actual services available, the Company is not responsible for any variations from these descriptions.
18.1 To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or the Service or the Premier Membership services or any information contained therein. Users and Visitors should be aware that they use the Site, the Service, the Premier Membership services, and all Channeliser Content and User Content at their own risk.
18.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18.3 The maximum liability the Company will accept for any direct or indirect loss arising out of the Company’s incorrect provision of the Premier Membership services service is limited to the Subscription Amount paid covering the period that the Company is deemed to be at fault in the provision of the Premier Membership services.
18.4 Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company.
18.5 The Company accepts no liability for any disruption or non-availability of the Site or the Service or the Premier Membership services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20.1 In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
22.1 These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between you and us, both oral and written.
23.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you the User and the Company.
24.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice. Notices shall be deemed to have been duly given;
24.3 in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.
24.4 The Company may from time to time send Users information about the Company’s products and/or services. If you do not wish to receive such information, please contact the Company at email@example.com, or click on the “Unsubscribe” link in any email sent by the Company.
25.1 These Terms and Conditions and the relationship between Users and the Company shall be governed by and construed in accordance with the laws of England and Wales and the Company and Users agree to submit to the exclusive jurisdiction of the courts of England.
When using the Service, communications facilities or content submission or any other part of the Site which allows for the posting of User Content Users must abide by the rules set out below.
Users acknowledge that the Company reserves the right to monitor any and all communications made on the Site or using the Company’s System.
In order to use the Site and any other communication facility that may be added in the future or to submit User Content, Users are required to apply for an Account, which will require the User to submit certain personal details. By continuing to use the Site the User represents and warrants that:
Unless a User informs the Company otherwise, in advance of posting, in writing, and the Company agrees to any terms or restrictions, all User Content submitted is for publication on the Site and other such uses as the Company may deem appropriate under a royalty-free, perpetual basis.
By submitting User Content, Users warrant and represent that they are the author of such material or that they have acquired all of the appropriate rights and / or permissions to use the material in this fashion. Further, Users waive all moral rights in the User Content to be named as its author and grant the Company a licence to modify the User Content as necessary for its inclusion on the Site.
The Company does not screen User Content prior to it appearing on the Site. The Company retains the right to exercise its sole discretion to remove or relocate any User Content as it deems appropriate without the consent of the author. The Company shall be under no obligation to exercise such discretion. If Users wish to enquire as to the removal of Users Content, queries should be submitted to: firstname.lastname@example.org. This does not constitute an undertaking by the Company to explain its actions.
Users acknowledge that the Company may retain copies of any and all communications made to us or using our System.
The Company will determine, in its discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms & Conditions upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this Schedule 1. You are expected to check this acceptable use policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere in the Terms & Conditions and / or on our site.
These acceptable use policy provisions form part of the Terms and Conditions, and are to be read in conjunction with them.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
When you access the site, or contact us, or when you register with us, book events or purchase a subscription from us, we may collect and process the following information:
We understand that security is an important concern for you when purchasing on-line. Information you give us will be stored securely on our systems and we use industry leading encryption technology to ensure that all your personal and payment details remain confidential. We do not store payment card details and we use WorldNet and Payments Plus to handle payment transactions via secure payment pages. WorldNet and Payments Plus receive information about you from us needed to verify and authorise your payment, and is obliged to comply with the Payment Card Industry Data Security Standard (PCI DSS) and to keep all of your personal information private.
The Site complies with all applicable data protection and consumer legislation. Our security technologies and procedures are regularly reviewed to ensure that they are up to date and effective. For further verification look for the padlock symbol in your browser window as you proceed through the order and payment process.
The transmission of information via the internet is not completely secure and we cannot guarantee the security of any information transmitted to or from our website. Any transmission is at your own risk and you should ensure that any payment transactions you make are made in a secure environment. You should keep confidential any personal security codes and passwords, and comply with any instructions that we may give you in order to keep such details confidential and safe.
We may use information about you in the following ways:
If you do not want us to use your personal or company contact data for our marketing purposes or to send you details about special offers, third parties or other information which we think may be of interest to you, please amend your privacy settings on the Site, e-mail us at email@example.com, or use the unsubscribe facility in our communications.
We may disclose your personal data to third parties if:
You have the right to, at any time:
To do this, you can amend your privacy settings on the Site, or by contacting us via the: firstname.lastname@example.org e-mail address.
Our website may contain links to and from the websites of our business partners and other third party sites of interest over which we have no direct control. If you follow a link to any of these websites, you will have left our site and we do not accept any responsibility or liability for the privacy of any information you provide whilst visiting such sites. You should check the sites carefully before you submit any personal data to them.
For the purposes of the Data Protection Act 1998 (the Act), the data controller is Channeliser Ltd with registered company number 9313044 and with trading address: 25, Elizabeth Road, Henley-on-Thames, Oxfordshire RG9 1RA, United Kingdom.
1.1 In order to procure the Premier Membership services on this Site and to use the Premier Membership facilities Users are required to provide additional Account information. The Company requires Users to make a Subscription to gain access to the Premier Membership services. By providing such additional Account information required and by making the Subscription, Users represent and warrant that:
1.2 It is recommended that Users do not share their Account details, particularly their username and password. The Company accepts no liability for any losses or damages incurred as a result of User Account details being shared by a User. If Users use a shared computer, it is recommended that they do not save their Account details in their internet browser.
1.3 If Users have reason to believe that their Account details have been obtained by another without consent, they should contact the Company immediately to suspend their Premier Membership Account and cancel any unauthorised Subscriptions that may be pending. Please be aware that Subscription payments can only be cancelled up until provision of the Premier Membership service has commenced. In the event that an unauthorised provision commences prior to a User notifying the Company of the unauthorised nature of the Subscription payment, the Company will suspend provision of the Premier Membership service and will seek to stop the withdrawal of any scheduled Subscription payments pending investigation. Following investigation, the Company shall be determined whether or not to cancel the Premier Membership service and make a full or partial refund of any Subscription payments made within 14 days.
2.1 Either the Company or a User may terminate a User’s Premier Membership Account. If the Company terminates a User’s Premier Membership Account, the User will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Company reserves the right to terminate without giving reasons.
2.3 The Company reserves the right to cancel Subscriptions without stating reasons, for any reason prior to processing a Subscription or commencing Premier Membership service provision.
2.3 The Company reserves the right to cancel Subscriptions without stating reasons, for any reason prior to processing a Subscription or commencing Premier Membership service provision.
2.4 If a Subscription is cancelled for any reason prior to commencement of Premier Membership service provision the User will be refunded any monies paid in relation to the pending Subscription within 14 days, less one (1) months Subscription Amount which shall be retained by the Company to cover administration expenses incurred by the cancellation.
2.5 If a User terminates their Account any outstanding Subscription payments for the Subscription Period will be collected and the User will have the right to continue using the Premier Membership service until the end of the Subscription Period, at which point access to the Premier Membership services will cease. No refund of Subscription payments received will be made.
2.6 A User may give one months’ notice by emailing email@example.com of Termination of Subscription Automatic Renewal and the Company will cease to provide the Premier Membership service to the User and will cease to collect Subscription payments with effect from the renewal date.
3.1 Any and all monies are due for payment on Subscription for the Premier Membership. The Company offers Users the ability to pay their Subscription monthly in advance in equal amounts, on the monthly date the Subscription was originally taken out or on the next bank working day. The Company will provide the User with the Subscription Information.
3.2 The Company will suspend the User’s Premier Membership Account if any Subscription payment due is not paid and reserves the right to terminate the Premier Membership service if payment is not subsequently made within seven days.
4.1 Whilst every effort has been made to ensure that all descriptions of the Premier Membership services available from the Company correspond to the actual Premier Membership services, The Company is not responsible for any variations from these descriptions. This does not exclude the Company’s liability for mistakes due to negligence on the Company’s part and refers only to variations of the correct Premier Membership services.
4.2 The Company does not represent or warrant that the Premier Membership services will be available at all times. The Company will make every reasonable endeavour to have the Premier Membership services available to Users on a 24/7 basis.
4.3 The Company recommends the User refers to and follows the Premier Membership Guide to maximise the benefits of using the Premier Membership services.
4.4 The Subscription Amount price for the Premier Membership services is correct at the time of going online. The Company reserves the right to change the price and alter or remove any special offers from time to time and as necessary. The Subscription Amount price is reviewed and maybe updated on the first calendar day of each month. Any change to the Subscription Amount price will be effective for new subscribers to the Premier Membership services with immediate effect and for existing Users on their next Subscription Automatic Renewal.
4.5 No prices on the Site include VAT. The User shall be liable for any fees, any national, European Union, value added, sales, excise, state, local, withholding or other taxes or customs duties applicable. For the avoidance of doubt, should a User be required by any law or regulation to make any deduction on account of tax or otherwise on any sum payable under these Terms and Conditions the sum payable shall be increased by the amount of such tax to ensure that the Company receives a sum equal to the amount to be paid under these Terms and Conditions. The Company’s VAT number is 202775131.
5.1 Provision of the Premier Membership services commence on receipt of the first Subscription Payment being received or as otherwise detailed in any additional terms & conditions pertaining directly to the Premier Membership services.
5.2 The Company will provide the Premier Membership services for the initial Subscription Period and the Company will continue to provide the Premier Membership service by applying the Subscription Automatic Renewal, unless the Company has received a Termination of Automatic Renewal Notice at least one month prior to the Subscription Period end date.
5.3 The Company shall use all reasonable endeavours to provide the Premier Membership services with reasonable skill and care.
5.4 Provision of the Premier Membership service shall be subject to the Terms and Conditions.
5.5 The Company reserves the right to exercise discretion with respect to any alterations to the Premier Membership service under the provisions of this Clause 5. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
6.1 The Company reserves the right to change the Premier Membership services, its Channeliser Content or these Terms and Conditions at any time. Users will be bound by any changes to the Terms and Conditions from the first time a User uses the Premier Membership services following the changes. If the Company is required to make any changes to Terms and Conditions by law, these changes will apply automatically and immediately to all Users.
7.1 The Premier Membership services are provided “as is” and on an “as available” basis. The Company gives no warranty that the Premier Membership services will be free of defects and / or faults. To the maximum extent permitted by law the Company provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2 The Company accepts no liability for any disruption or non-availability of the Premier Membership services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
These additional Premier Membership Services provisions form part of the Terms and Conditions, and are to be read in conjunction with them. \