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Terms & Conditions

Information about us

TCS Computer Services Limited ("we", "our" and "us") are a limited company registered in England and Wales under company number 00309737 and have our registered office at:

TCS Computer Services Limited,
The Brewhouse,
Old Bexley Business Park,
19 Bourne Road,
Bexley,
Kent
DA5 1LR

This page (together with the documents referred to on it) states the terms and conditions (the "terms" or "terms of use") on which you may make use of our website "www.tcscs.co.uk" (the "site" or "service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

If access to certain parts of our site require registration, you will be presented with these terms and required to tick the box marked "I Accept" at the end of these terms, if you accept them. Please understand that if you refuse to accept these terms, you will not be able to register with our site.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below).

We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

When using our site, you must comply with the provisions of our Acceptable Use Policy set out below.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Acceptable Use policy

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use.
  • Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin boards ("interactive service(s)"). Where we do provide any interactive service(s), we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive service(s) by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards (the "standards") apply to any and all material which you contribute ("contributions") to our site, and to any interactive service(s) associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts)
  • Be genuinely held (where they state opinions)
  • Comply with applicable law in the UK and in any country from which they are posted

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a Terms and Conditions duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use policy through your use of our 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 these terms and conditions and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

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.

Registering with us

By registering with our site, you warrant that you are legally capable of entering into binding terms and conditions and are at least 18 years old.

After registering, you will receive an e-mail from us acknowledging your registration. Please note that this does not mean that your registration has been accepted. All applications for registration are subject to acceptance by us, and we may confirm such acceptance to you by sending you an e-mail that confirms your registration.

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

Price and payment

The price of our products and service(s) will be as quoted on our site from time to time, except in cases of obvious error.

Consumer rights

If you are registering as a consumer of an interactive service(s) for which we charge, you may cancel your registration at any time within seven working days, beginning on the day after your registration by informing us of your wish to cancel in writing. In this case, you will receive a full refund of any registration fee and we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will usually refund any money received from you using the same method originally used by you to pay for your registration.

If you receive delivery of an interactive service(s) at the time of registering then in doing so you acknowledge that performance of the contract will begin immediately and you will forfeit your rights to cancel the contract under the Consumer Protection (Distance Selling) Regulations 2000.

Intellectual property rights

We are the owner and the licensee of all intellectual property rights in our site, and in the material published on it except where explicitly stated or indicated by the presence of a Trade Mark or Copyright notice next to the name of the owner or licensee.

Our works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

"iSuite.NET", "iCube.NET", "Visible Practice" and "Office Practice" are UK registered trade marks of ours or of our associates.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Please note that we cannot and do not guarantee the availability of any of the product features, service level promises or quality of interactive service(s).

The purpose of our site is to promote our products and services to you and inform you of the nature of our business.  It is your responsibility to seek independent advice as to the suitability of any product, service or interactive service(s) prior to accessing them, whether made available with or without requiring payment.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of Terms and Conditions or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Our liability for losses you suffer as a result of us breaching these terms is strictly limited to any registration fee paid by you.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use policy above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use policy above.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use policy above.

If you wish to make any use of material on our site other than that set out above, please address your request to sales@tcscs.co.uk.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Written communications & notices

All notices given by you to us must be given to:

TCS Computer Services Limited,
The Brewhouse,
Old Bexley Business Park,
19 Bourne Road,
Bexley,
Kent
DA5 1LR

OR

sales@tcscs.co.uk

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic and we may give notice to you at either the e-mail or postal address you provide to us when registering. Generally we will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

These terms are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of your rights or obligations arising under these terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights or obligations arising under these terms.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control and our performance under these terms is deemed to be suspended for the period that such event continues.

Waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these terms or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

Severability

If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

Variations

We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Jurisdiction and applicable law

These terms are governed by English law and any dispute arising from, or related to, such terms or a visit to our site shall be subject to the non-exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

Your concerns

If you have any concerns about material which appears on our site, please contact us at:

TCS Computer Services Limited,
The Brewhouse,
Old Bexley Business Park,
19 Bourne Road,
Bexley,
Kent
DA5 1LR

OR

sales@tcscs.co.uk

Thank you for visiting our site.

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©2003 – 2008 TCS Computer Services Limited. All rights reserved.
Last modified: 2008-08-12