Business Search PRO Terms & Conditions
On-Line User Licence & Membership Agreement
This is a legal agreement between you and Thomson Directories Limited ("Thomson") relating to the online version of Business Search PRO. By completing the online sign-up form and clicking on the 'Accept' button during the registration process you are agreeing to be bound by the terms of this Agreement.
1. Definitions
"Business Search PRO On-Line" means the online version of Thomson’s sales and marketing tool containing information on over 2 million UK business listings which enables users to search the information by a number of criteria and refine searches;
"Data" means all of the information, records and data fields stored on and/or derived from Business Search PRO On-Line;
"Direct Marketing" means any method of telephone sales, telephone marketing, direct mail, market research and use of circulation lists or fax marketing which is targeted directly at the end-user;
“Member” means a user who has registered as a Member of Business Search PRO On-Line for a period of 12 months in order to take advantage of the benefits accorded to Members in the general information pages of businesssearch.co.uk and “Membership” shall be construed accordingly;
“Registered User” means a user who has registered with Business Search PRO On-Line in order to buy Data.
2. Grant of Licence and Term
(A) Thomson grants you a non-exclusive, non-transferable limited licence to use Business Search PRO On-Line in accordance with the terms and conditions of this Agreement.
(B) Members may purchase credits (“Credits”) from Thomson online which, through a credit metering system, will allow them to purchase records for delivery by email or to export records to the Campaign Manager, in each case for use in accordance with the terms of this Agreement, by reference to the number of Credits purchased. The cost of Credits and the number of Credits required in relation to basic records and other data fields are in accordance with the rates applied by Thomson from time to time to its credit metering system. No refunds will be made in respect of Credits purchased, but not used. However, unused Credits may be held in your online account for the period of time that you are a Member. If you renew your Membership before it expires your online credit will be transferred to your new Membership. Credits bought on the online platform cannot be used in conjunction with the CD-ROM version of Business Search PRO.
(C) The fee for Membership is non-refundable.
3. Data
The Data contained in Business Search PRO On-Line contains material proprietary to Thomson and/or other right holders and is protected by copyright and/or database right and/or other intellectual property rights. Except for the licence granted herein, all rights, title and interest in the Data in all formats and media throughout the world including all copyrights and/or database right and/or other intellectual property rights are and shall continue to be the exclusive property of Thomson and/or other right holders.
4. Acceptance
You shall be deemed to have accepted the terms of this Agreement by clicking on the "Accept" button during the registration process.
5. Use and Restrictions
(A) Only Registered Users and Members may search and, upon payment, retrieve Data for their use. Use of the Data is limited to such Registered Users’ and Members’ own internal business purposes, their own Direct Marketing and for business directory enquiries (the “Permitted Purpose”).
(B) Access to and use of Business Search PRO On-Line for Registered Users and Members is through the use of a login name and password. You agree to ensure that your Login name and password are kept confidential and not to permit any unauthorized third party to use the same. You agree to notify Thomson immediately of any unauthorized use of Business Search PRO On-Line on your account or any other relevant breach of security known to you.
(C) You may not:
(i) reproduce, publish in any form of media, distribute, sell, loan, lease or transfer any part of the Data to or for third parties in any manner whatsoever, or otherwise infringe any copyright, database right and/or other proprietary interest of Thomson;
(ii) sell, loan, lease or transfer this Agreement or any rights under it to any other person unless you have first obtained the written consent of Thomson and the other person has agreed to be bound by the terms of this Agreement;
(iii) modify, adapt, translate, reverse engineer, disassemble or decompile any part of Business Search PRO On-Line or the Data to enhance it in any way, save to the extent expressly permitted by law;
(iv) copy or transfer any of the Data onto any other medium or make any part of the Data available to the public, except as expressly permitted by this Agreement;
(v) contact any of the businesses or individuals listed on Business Search PRO On-Line for any purpose except for the Permitted Purpose and in particular may not contact any such businesses or individuals for the purposes of creating a database or directory, whether in electronic format or otherwise, for publication or sale or other than for the authorised uses as set out in this Agreement;
(vi) destroy, modify or tamper with any of the credit metering system forming part of Business Search PRO On-Line or alter or attempt to alter the number of Credits applicable to the Member;
(vii) use any of the Data to send or make communications which are defamatory, obscene, offensive or in breach of any law.
6. Failure to pay
If payment cannot be charged to your credit card or there is a chargeback for whatever reason, of if you fail to pay any amount due, Thomson reserves the right to block access to the areas of the Business Search PRO On-Line for which such payments are pre-requisite.
7. Liability – Please note that the following provisions restrict and exclude Thomson’s liability to you.
(A) SUBJECT TO CLAUSE (B) NEITHER THOMSON NOR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF BUSINESS SEARCH PRO ON-LINE MAKES ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO BUSINESS SEARCH PRO WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
(B) THOMSON DOES NOT WARRANT THAT BUSINESS SEARCH PRO ON-LINE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OR AVAILABILITY OF BUSINESS SEARCH PRO ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN BUSINESS SEARCH PRO ONLINE WILL BE CORRECTED. YOU SHALL ACCESS AND USE BUSINESS SEARCH PRO ONLINE AT YOUR OWN RISK AND IN NO EVENT WILL THOMSON BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM THOMSON'S NEGLIGENCE) INCLUDING LOST PROFITS OR OTHER CONSEQUENTIAL LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE BUSINESS SEARCH PRO ON-LINE OR FROM ERRORS OR DEFICIENCIES IN IT WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE OR FROM ANY LOSS OF DATA (INCLUDING DATA INPUT BY YOU) IN THE CAMPAIGN AREA OF BUSINESS SEARCH PRO ON-LINE.
(C) WHERE YOU TAKE DELIVERY OF DATA BY EMAIL, SUCH DELIVERY WILL BE AT YOUR OWN RISK. THOMSON DOES NOT WARRANT THAT THE DATA OR FILE DELIVERED ARE FREE FROM ANY ERRORS, VIRUSES, WORMS OR OTHER DESTRUCTIVE FEATURES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF THEM. THOMSON SHALL ASSUME RECEIPT OF EMAILED INFORMATION BY YOU UNLESS INFORMED TO THE CONTRARY.
(D) IN ANY EVENT THOMSON’S ENTIRE LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE DATA IN RELATION TO WHICH THOMSON’S LIABILITY ARISES.
8. Data Protection
You agree that you will:
(i) at all times conform with all relevant rules and regulations governing the holding of data including without limitation the Data Protection Act 1998 (as amended from time to time);
(ii) ensure that any uses to which the Data is put comply with the codes of practice from time to time of the appropriate supervisory bodies whose current codes are as follows:
The British Code of Advertising Practice (BCAP)
The British Code of Sales Promotional Practice (BCSP)
The Code of Practice of the Independent Committee for Standard of Telephone Information Services (ICSTIS)
The Direct Marketing Association Code of Practice
The Telecommunications (Data Protection and Privacy) Regulations 1999.
9. Indemnity
You shall indemnify Thomson and/or its officers and/or agents in respect of any loss or damage whatsoever (including costs) which it or they may suffer or incur directly or indirectly from any failure to comply with the terms of this Agreement by you or by your employees or agents or by any other party acting through or with you.
10. Breach and Termination
Your rights to use Business Search PRO and the Data or any part thereof automatically terminate at the end of the Term and may be terminated at any time by Thomson with immediate effect on written notice to you if you breach this Agreement.
11. Entire Agreement
This Agreement sets out the entire complete and exclusive agreement and understanding between you and Thomson relating to its subject matter and each of the parties hereby acknowledges and agrees that in entering into this Agreement it has not relied on any representation, conditions or warranties including without limitation any implied representations, conditions or warranties otherwise than as expressly set out in this Agreement.
12. Notices
Any notice or other communication served under this Agreement shall be in writing standard conditions shall be by electronic mail, facsimile or in writing and shall be deemed delivered upon receipt by the party to whom the communication is directed at the address specified below. If to Thomson, the email notice shall be addressed to bsp@thomsonlocal.com and other written notices addressed to:
Company Secretary
Thomson Directories Limited
Thomson House
296 Farnborough Road
Farnborough
Hampshire
GU14 7NU
If to you, the notice shall be addressed to the most up to date contact details provided by you.
13. Governing Law
This Agreement shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of any dispute which may arise.
Business Search PRO Privacy Policy
Thomson Directories Limited ("Thomson") is committed to protecting your privacy, and complies with the Data Protection Act 1998. Your personal details are not held or used without your permission.
This Privacy Policy should be read in conjunction with the On-line User Licence and Membership Agreement.
Thomson reserves the right to revise this Privacy Policy at any time, without notice, and you should check back to this policy regularly to be informed of any changes.
Business Search PRO
Business Search PRO is provided by Thomson. It is available for use by guest users, registered users and Members, and for each group the data which may be collected is different.
Guest Users may build and run Searches using multiple criteria, and count the number of records matching their search. They may view a sample Hitlist of the first 5 listings resulting from a Search.
Registered Users can additionally purchase data by credit card from this Hitlist (after viewing the five sample records) to receive via email.
Members pay annually to access all areas of Business Search PRO, and as such, are able to work with data on screen, as well as purchase data at preferential rates. Members may save and delete Searches and Campaigns for future use with updated data, and view the full Hitlist and individual records within this on screen before purchasing, either to receive via email or to work with as a Campaign. In the Campaign area Members can record and manage their prospecting activity against each record. Members may also work with multiple lists/Campaigns in the Outbox to further refine their selection and buy only the records they need.
Guest User Information
It is not necessary to provide Thomson with personal information in order to use Business Search PRO as a guest user. Data may be gathered about use of Business Search PRO in order to enhance your experience using cookies. Further data may also be collected with your permission using questionnaires, feedback forms, competition entries or similar or you may be invited to register in order to receive updates tailored to your interests.
Queries and comments received via our websites, via email and by telephone are also monitored in order to enhance the Thomson customer service and the user experience of Business Search PRO.
Information gathered may be used to report on usage of Business Search PRO and such reports will be generic in nature and will not report on individual or personal details or behaviour.
Registered User/Member Information
Registered Users and Members are required to provide a basic level of information in order to register or buy a Membership on Business Search PRO. This information is used by Thomson in order to provide Business Search PRO. Registered Users and Members are given access to the functionality outlined above using a user name and password. Registered Users and Members are able to edit their personal details at any time using this secure log in. In order to delete information or accounts, the advertiser should contact Thomson.
Cookies
Cookies are small pieces of information which are transferred to your computer during Internet use to record your activity. Cookies do not hold information which would allow identification of an individual but can be used to create a tailored experience of the Internet. Cookies can be rejected using the internet browser of the individual user.
Information Storage and Security
Thomson uses all reasonable endeavours to ensure the security of systems on which personal data is stored and may be processed.
Users who are issued with a user name and password have a responsibility to ensure that these details are kept confidential and are not used by any unauthorised third party.
Information Sharing
During any registration or sign-up process related to Business Search PRO, you will be given the opportunity to select whether you give permission for your information to be used for marketing and analysis purposes in association with selected third parties and other companies within the Thomson group. If your wishes change at any time, you should amend this by contacting Thomson.
Thomson will not disclose personal information to any third party except where you have given your permission for this to take place, or if it is required by law or if Thomson believes in good faith that it is necessary in order to fulfil the Business Search PRO service.
Contact
Please address any queries related to Business Search PRO or this Privacy Policy to:
Business Search PRO
Thomson Directories
Thomson House
296 Farnborough Road
Farnborough
Hampshire
GU14 7NU
Tel 0845 855 1139
