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Terms and conditions of use of bOnline Ltd. website

LAST UPDATED: 15 March 2012

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions (the “Website Terms”) apply to the use and access to the website under the domain name http://www.bonline.com and its entire content (the “Website”).This Website is operated by bOnline Ltd. (the “Company”) with registered office at Chester House, Kennington Park, 1-3 Brixton road, London SW9 6DE and registration number 07710947.

 “You” or “Your” means any end user accessing the Website. “We” or “Us”, “Our” means the Company.

Your access and/or use of the Website or any of its part, including the use of any software and any content posted in the Website is subject to these Website Terms, which incorporates by reference Our Privacy Policy.  The Website Terms are a legally binding agreement between You and the Company and it is important that You take the time to read them.

By accessing and using the Website, You acknowledge that You are bound by these Website Terms. If You do not wish to be bound by these Website Terms, You should not access or use the Website.

The Company may modify the Website Terms in its absolute discretion from time to time without individual notice to You.  You will be deemed to have accepted any modifications if You continue to use the Website after the updated Website Terms have been posted.  You should check the Website Terms regularly for changes.

You may not use the services if You: (i) are not of sufficient age to form a binding contract with the Company or (ii) You have been barred or legally prohibited from receiving or using the Company services under the laws of the country in which You are domiciled and/or from which You access or use Our services.

INTELLECTUAL PROPERTY RIGHTS

The Website and the materials published on it (the “Company Content”), such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations, database and software are owned by, or licensed to the Company. 

Any intellectual property rights in the Company Content are the sole and exclusive property of Company or its licensors. The Company reserves any rights not expressly granted in this Website Terms.

You may view the Website on Your computer screen and print its contents on Your printer for Your personal and non-commercial use only.  For the avoidance of doubt, anything printed will form part of the Company Content.

Without Company’s written consent, You may not use, upload, transfer, copy, reproduce, broadcast, distribute, display, sell, licence or exploit for any purpose any part of the Company Content or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic downloading.

For the avoidance of doubt, You may not use “meta tags” or any other hidden text utilising the Company’s names or trademarks without Our express prior written consent.

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

You are responsible for compliance with all laws of the relevant jurisdiction, in viewing or using the Company Content.

USING THE WEBSITE

Wherever You are asked to provide information in connection with the Website, You agree to provide true, accurate, current and complete details.  You are not obliged to provide Company with any optional information requested.

You agree not to:

1.damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;

2.Use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;

3.publish, post, distribute, disseminate or otherwise transmit: (i) defamatory, offensive, infringing, obscene, indecent or pornographic (including child pornography) content, or  (ii) any content inciting racial or religious hatred or (iii) other unlawful or objectionable material or information;

4.make available or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms”, or any other harmful software;

5.falsify the true ownership of software or other material or information contained in a file made available via the Website;

6.obtain or attempt to obtain unauthorised access, through whatever means, to the Website.

7.distribute, alter or modify any part or parts of the Website or the services in any medium without Company and/or the relevant third parties’ written permission even if the content is free.

8.not to (or attempt to) disable, interfere, circumvent, any software or security measure in relation to the Website and Our software that: (i) prevents or restricts the copying or use of the Company Content or third parties’ content (ii) limits the uses of the Website or the access to some Company Content or third parties’ content.

9.not to use the Website for any commercial use without written authorisation from the Company, unless it is expressly permitted in the Website Terms. It is not permitted to (i) resale access to the Website or any other services on another Website for the purposes of gaining advertising or subscription revenue or any other type of revenue or (ii) resale and/or redistribute the Company Content or third parties’ content appearing on the Website on another website for the purposes of gaining advertising or subscription revenue or any other type of revenue.

10.for any other permitted use You shall not modify in any way nor delete, without limitation, any logos, brands, trademarks or signs, including the Company name.

11.not to collect personal data in any way from the Website or any of its services.

.

NO UNLAWFUL OR PROHIBITED USE

You undertake to the Company that You will not use the Website for any purpose or in any way that is prohibited by these Website Terms or is otherwise unlawful.

You agree to indemnify the Company, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by You of this undertaking.

UPLOADING MATERIAL TO OUR WEBSITE: BLOGS AND FORUMS

The Company may include chat rooms, blogs and/or forums in its Website. 

Although You are welcome to contribute with any material You wish to such blogs, forums and/or chat rooms and You will continue to have the right to use Your material in any way You choose:

You agree to grant Us permission, irrevocably and free of charge, to use Your material on the Website.

You must choose carefully such material as it will be available for public viewing and not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation in England or in any other relevant jurisdiction;

You must not submit any defamatory, abusive, offensive, infringing, confidential, obscene (including child pornography), indecent, or otherwise unlawful or objectionable material or information or any material inciting racial and religious hatred nor send any junk email, chain letter or spam in any other form of bulk communication;

You acknowledge and agree that We do not actively monitor the content of any blog, chat room or discussion forum (although We reserve the right to do so).  However, if We receive any information, are notified or We have any suspicion that any material contained on any forum, chat room or blog, includes any of the above materials or information or infringes the intellectual property or other proprietary rights of any third person, We shall remove such material from Our Website without giving You any notice.

You acknowledge and agree that You Shall indemnify the Company against any liability, loss, damage, claim or expense incurred by Company arising out of the breach of any of the paragraphs of this section.

OUR USE OF YOUR PERSONAL DETAILS

Please see Our Privacy Policy .

LIABILITY DISCLAIMER

You acknowledge and agree that Your use the Website is entirely at Your own risk.

In preparing this Website, the Company has endeavoured to make the Company Content current, correct and clearly expressed.  However, the Company cannot guarantee that the Company Content will be accurate, complete or current at all times, including in respect of any services described, and accepts no liability for any reliance placed by any person on the information to the maximum extent permitted by law.  The Company makes no representations or warranties of any kind about the suitability, reliability, and accuracy of the Content. 

The Website may contain advertisements and/or link to other sites and resources.  The Company is not responsible for and does not endorse the content of such materials, and does not accept any responsibility for any errors or inaccuracies in such materials.

To the maximum extent permitted by law, the Company shall not be liable for: (i) any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, (ii) the deletion, failure to store or corruption of, any content uploaded or downloaded from the Website or other data maintained or transmitted from the Website (iii) Your failure to provide accurate information to the Company (iv) any temporary cessation or change in the Website (v) any reliance placed by You on the accuracy, or completeness of any advertising or on any Company Content or third parties’ content or on any transaction between You and any advertiser or owner of any other content.  These limitations shall apply even if the Company has been advised or should have been aware of the possibilities of such losses.

If You are dissatisfied with any portion of this Website, or with any of these Website Terms, Your sole remedy, except as specifically provided in these Website Terms, is to stop using the Website.

Notwithstanding anything in these Website Terms the Company does not disclaim liability for death or personal injury caused by its own negligence.

AVAILABILITY

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to or use of the Website with or without notice.

PURCHASES: OTHER TERMS & CONDITIONS

Additional terms and conditions may apply to purchases of certain services and to specific features of the Company Website. You will be notified of such terms and conditions before purchasing any services.  If there is any conflict between any terms regulating a specific part of the Website or a specific feature and the Website Terms, the former will prevail.

Company may operate any changes to any services, prices and products offered on the Website at any time without prior notice.

VIRUS PROTECTION AND COMPATIBILITY

While certain precautions have been taken to detect computer viruses and ensure security, the Company cannot guarantee that the Website is virus-free and secure.

The Company shall not be liable for any loss or damage which occurs as a result of any virus or breach of security.  The Company does not give any warranties as to the compatibility of the Website with Your computer systems, software and/or hardware.

LINKS TO THIRD PARTY SITES

This Website may contain links to Websites operated by parties other than the Company (“Third Party Websites”). These links are provided for Your convenience.  When You activate one of them, You will leave the Website.  The Company has no control over, and will accept no responsibility or liability in respect of, any website that is not under its control.

The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.

You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without the Company’s written consent.

TERMINATION

The Company may restrict Your access to the Website, refuse to correspond with You, and/or remove Your details from the relevant database without prejudice to any other accrued rights, without prior notice to You where:

1. there is a regulatory or statutory change limiting the ability to provide access to the Website; 

2. there is any event beyond the reasonable control of the Company preventing the Company from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or

3. the Company considers in its sole discretion that You are abusing the Website or You are otherwise acting in breach of these Website Terms.

MONITORING

The Company reserves the right to monitor and track Your visits to the Website (which will be done in accordance with Our Privacy Policy).

OUR DETAILS

We can be contacted at [Chester House, Kennington Park, 1-3 Brixton road, London SW9 6DE] or via the following e-mail address: service@bonline.com

GENERAL

Unless otherwise specified, the Website is directed solely at those who access this Website from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.

A failure or delay by the Company in enforcing compliance with these Website Terms shall not be a waiver of that or any other provision of these Website Terms.

These Website Terms do not confer any rights on any person or party pursuant to the Contracts (Rights of Third Parties) Act 1999.

If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

These Website Terms constitute the entire agreement between You and the Company as to Your use of the Website and shall supersede any prior agreement or representation in respect thereof.

The express provisions of the Website Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Any and all notices to be given by either one of us to the other pursuant to or in connection with these Website Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to You at the e-mail address or facsimile number You have given Us or the e-mail address or facsimile number displayed on the Website.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website, although We retain the right to bring proceedings against You for breach of these Website Terms in Your country of residence or any other relevant country.

These Website Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

COPYRIGHT AND TRADE MARK NOTICES:

All contents of this Website are: © 2012 bOnline Ltd.

BONLINE is a registered Community Trade Mark of bOnline Ltd.

Terms of Business between bOnline Ltd. and You

INTRODUCTION

These terms and conditions (the "Terms of Business") govern the provision of the bOnline marketing solution ("Service", as further defined below) provided by bOnline Ltd. with registered office at Chester House, Kennington Park, 1-3 Brixton Road, London SW9 6DE ("bOnline" or "us" or "we", as the context may be) to our customers ("Customer" or "you", which includes anyone acting on your behalf or with your authorisation).

By ordering any of the Services, you signify that you have read and accepted these Terms of Business.

The Services and/or any part thereof may be subject to other terms and conditions and your use of such Services is subject to and conditioned upon your acceptance of such additional terms and conditions (the "Additional Terms").

AGREED TERMS:

1 Interpretation

1.1 The definitions and rules of interpretation in this Clause apply in these Terms of Business (unless the context requires otherwise).

"Account"

means the user admin area allocated to the Customer that allows the Customer to access the Services and the statements of Charges payable by the Customer for the provision of Services;

"Admin Fee"

means bOnline’s small administrative fee as set out in the Price List (currently £49 though subject to change) to cover its reasonable costs incurred on termination;

"bOnline Materials"

means the data, software, trade marks, domain names, stock images, default text, documents and any other materials or information owned by or licensed to bOnline and/or developed by bOnline in connection with the provision of the Services to the Customer;

"Charges"

means bOnline’s charges for the provision of the Services including but not limited to the monthly Charge, as may be set out in the Price List, or as otherwise agreed in writing;

"Commencement Date"

has the meaning given in Clause 2.1;

"Confidential Information"

means all information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by one Party to another Party including, without limitation, any information relating to products, operations, processes, plans or intentions, client information, product information, Intellectual Property Rights, market opportunities and business affairs or those of clients or other contacts (and for the purposes of this definition, "confidential nature" shall refer to information which is identified as confidential at the time of disclosure or would be considered to be confidential by a reasonable person based upon the nature of the information and the circumstances of disclosure);

"Customer"

means the person stated in the Order Form and/or where the context requires, a person bOnline reasonably believe is acting on that person’s authority;

"Customer Materials"

means the Customer materials which are developed and/or provided by the Customer independently of the delivery of Services but that may be integrated in the Services and/or placed in the Customer website;

"Domain Transfer Fee"

means bOnline’s small administrative fee as set out in the Price List (currently £49 though subject to change) to cover its reasonable costs incurred in transferring a domain name to the Customer on termination;

"Intellectual Property Rights"

means all vested, contingent and future intellectual property rights including but not limited to the following: (a) works of authorship, copyrights, including moral rights, registrations and applications for registration thereof; (b) patents, patent applications and all related continuations, divisional, reissue, utility models, applications and registrations thereof, inventions (whether patentable or not), designs, trade marks (whether registered or not, including applications) and domain names; (c) trade mark and trade name rights and similar rights; (d) trade secrets and Confidential Information, know-how, database rights, system process and techniques, designs, prototypes, enhancements, improvements, customization, work-in-progress, research and development information; (e) together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.

"Order Form"

means an application form (either online or in hard copy) submitted by the Customer and accepted by bOnline to order the Services subject to these Terms of Business;

"Parties" or "Party"

means bOnline and/or the Customer;

"Price List"

means the price list as available and/or published at http://www.bonline.com/pricing and as may be amended from time to time pursuant to these Terms of Business;

"Services"

means bOnline’s complete online software marketing solution for businesses which allows users to set up, design and manage their website together with the relevant online marketing tools and ancillary services, such as support and hosting and bOnline’s professional design service, as listed in the Price List;

"Service Hours"

means the standard or core hours/days where full bOnline’s support and customer services are available as published at http://www.bonline.com/website-support;

"Software"

means any software and relevant documentation licensed to the Customer by bOnline in connection with or to enable the Customer to use the Services;

"Standard Service Levels"

means the bOnline standard service levels if any, in relation to the Services;

"Terms of Business"

means collectively these terms and conditions and any other terms referred herein, the applicable charges and the Order Form; and

"Trial"

has the meaning ascribed to it in Clause 2.3.

1.2 In these Terms of Business (except where the context otherwise requires):

1.2.1 The Clause headings are included for convenience only and shall not affect the interpretation of these Terms of Business;

1.2.2 Use of the singular includes the plural and vice versa;

1.2.3 A reference to writing or written includes faxes and e-mail;

1.2.4 Any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality);

1.2.5 Any reference to a Party or to the Parties or their respective affiliates shall be deemed to include the party or parties hereto and their respective successors and permitted assigns and their respective employees;

1.2.6 Any reference to an enactment, statute, statutory provision or subordinate legislation ("Legislation") shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.

2 Commencement

2.1 The Commencement Date shall be the date the Customer first registers with bOnline through its website or any other means offered by bOnline pursuant to Clause 3 and, upon an initial confirmation pursuant to Clause 2.3, shall automatically renew for subsequent periods of one (1) month, unless otherwise agreed between the Parties.

2.2 The Customer will receive an Account and a password upon completing the Services' registration process and, upon the Customer’s request, bOnline may procure a domain name connected to such Account hosted on bOnline’s website. The Customer is responsible for maintaining the confidentiality of the password and Account, and is fully responsible for all activities that occur under its password or Account.

2.3 The Customer may, opt for a free trial of certain Services as a thirty (30) day trial for the Customer’s own internal evaluation purposes, and not for commercial or external purposes (a "Trial"), such Trial to be governed by these Terms of Business. If the Customer chooses to use the Services associated with the Trial for more than thirty (30) days, the Customer shall, three (3) days prior to the expiration of the Trial, comply with Clause 3.1, providing to bOnline the details required to set up a debit card with bOnlien and/or its third party payment agents and pay the appropriate charges in accordance with the Terms of Business. If the Customer does not subscribe for the full Services after the thirty (30) day trial period, the Customer shall upon expiration of the Trial, immediately cease using the Services and immediately delete any bOnline Materials from its computer system or otherwise stored by it. The Services under the Trial are provided without warranty and only with limited support and consultancy.

3 Subscription

3.1 To subscribe for the Services the Customer must complete and submit to bOnline an Order Form or confirm acceptance by telephone.

3.2 Notwithstanding Clause 3.1, if at its discretion bOnline accepts an order for Services placed other than on its Order Form or if following the Customer’s request, bOnline provides Services without having received from the Customer an Order Form, the Services shall be subject to these Terms of Business.

3.3 By subscribing to the Services the Customer confirms and warrants that the Services will be used for business use only.

4 Service Obligations

4.1 In consideration of the Customer complying with its obligations under these Terms of Business, bOnline shall provide the Services, as set out in Order Form or otherwise agreed between the Parties, to the Customer. Where Additional Terms apply to a particular Service, they will be accessible for the Customer within, or through the use of that Service.

4.2 bOnline shall provide the Services in accordance with the reasonable skill and care of standard practice in the relevant industry.

4.3 The Internet is separate from our Services and the use of the Internet is at the Customer’s own risk and subject to any applicable laws regulations and codes of practice. We disclaim any responsibility for any internet content.

5 Customer Obligations

5.1 The Customer shall promptly supply bOnline with all information and materials reasonably required by bOnline to provide the Services.

5.2 The Customer undertakes not to re-sell the Services to any person.

5.3 The Customer undertakes to use the Services in accordance with these Terms of Business, any such conditions and/or reasonable instructions as may be notified to the Customer by bOnline from time to time and in accordance with any applicable law and regulations.

5.4 The Customer shall not use or allow anyone to use the Services:

5.4.1 to send or receive a communication which is offensive, abusive, indecent, obscene or menacing;

5.4.2 to cause annoyance, inconvenience or needless anxiety to anyone;

5.4.3 to violate or infringe the rights of any person;

5.4.4 in breach of these Terms of Business;

5.4.5 in breach of the law; or

5.4.6 to commit fraud or a criminal offence.

5.5 The Customer must keep the password and the Account safe and confidential and notify bOnline immediately if any third party becomes aware of it. bOnline reserves the right to change the password without notice and if it has reason to believe that the Customer is in breach of this Clause 5.5 to invalidate such password and Account and/or to suspend the Services.

5.6 The Customer is responsible for the use of the Services (whether authorised or not and whether by the Customer or any other person including any hacker), including without limitation for all charges incurred and for any breaches of these Terms of Business.

5.7 The Customer shall back up copies of any Customer Materials uploaded or used in connection with the Services.

5.8 The Customer gives permission to bOnline to carry out credit checks on the Customer. If at any time before or during the term of these Terms of Business the Customer fails to meet the standard of creditworthiness deemed acceptable by bOnline, or the Customer delays any payments due on two occasions within a period of 12 months, bOnline shall be entitled to terminate these Terms of Business immediately on written notice to the Customer.

6 Charges

6.1 All Charges shall be payable by the Customer to bOnline (or such person as bOnline or the person invoicing on behalf of bOnline shall specify) within 10 days of the date of the invoice, unless according to the Price List those Charges are set as a one-off payment in which case they shall be payable immediately upon the Commencement Date by credit card.

6.2 The Customer shall pay the Charges (save for any erroneous Charges) in full without any set-off, deduction, withholding, restriction or condition whatsoever.

6.3 All Charges payable by the Customer will be invoiced accordingly and charged monthly in advance, unless otherwise set out in the Price List.

6.4 If payment is not made when due, bOnline may, without prejudice to its other rights, charge daily interest at an annual rate of 3% above the base rate for lending of Barclays Bank plc on any amount the Customer fails to pay, from the date when payment was due until the date of actual payment. Interest will continue to accrue even if the Terms of Business is terminated.

6.5 All sums due to bOnline under these Terms of Business are, unless otherwise stated, exclusive of Value Added Tax ("VAT") or any other applicable tax which shall be charged to the Customer.

6.6 If payment of the Charges is not made when due, without prejudice to any other rights, bOnline shall no longer be obliged, as from such date, to provide Services until such amounts are fully paid by the Customer.

6.7 The Customer must reimburse bOnline all costs and expenses (including legal costs) incurred in the collection of any overdue amounts. Costs and expenses will continue to accrue even if the Terms of Business is terminated.

6.8 If a direct debit is dishonoured or cancelled, bOnline shall be entitled to pass on to the Customer any third party charges bOnline incurs and in addition, bOnline may suspend its Service.

6.9 Any allegation as to an error in an invoice must be notified by the Customer to bOnline within 15 days of the date the Customer receives bOnline’s invoice with the alleged error, failing which the invoice shall be deemed accurate and the Customer’s right to challenge any such invoice be automatically waived. bOnline will investigate with all good faith any allegation of error in an invoice and shall inform the Customer of the outcome of such investigation. Any refund of any Charges wrongly debited to the Customer shall be paid by way of credit to the Customer’s next following invoice.

6.10 If an underlying provider of bOnline increases the costs payable by bOnline in respect of any element of the Services, then bOnline shall, with immediate effect upon notice, be entitled to increase the Charges payable by the Customer in respect of such element. bOnline shall provide the Customer with as much notice of any increase of the Charges as is reasonably practicable in all the circumstances, having regard to (among other things) the amount of notice provided to bOnline by the provider in relation to the increase of the costs payable by bOnline. In such circumstances, the Customer may give notice to bOnline to terminate these Terms of Business at the end of the month or of any other specified term in which the notice was received. The continuing use of the Services after such period shall be considered as acceptance of the increase in Charges by the Customer.

6.11 bOnline may decrease Charges at any time without notice and the Customer shall have no right to terminate the Terms of Business.

6.12 The Customer’s liability for Charges starts from the Commencement Date whether or not the Services are used.

6.13 The payment processing service, may be handled directly by bOnline or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of your personal information, and support levels). We recommend that the Customer reviews the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties' services.

7 Services Limitations and Outages

7.1 Where under these Terms of Business, bOnline is providing Services to the Customer, the Customer confirms that it understands that the Services may be provided by bOnline using Internet and therefore may sometimes be unavailable as a result of things over which bOnline has no control, such as failure of the Customer’s broadband connection or internet service provider, power disruptions, the weather, etc. The Services may also not be available due to suspension of the Services by bOnline in accordance with these Terms of Business. bOnline may from time to time vary the technical and/or operational procedures for use of the Services. bOnline will not be liable to the Customer or any third party for any losses whatsoever caused by such inconveniences, to the maximum extent permitted by law.

8 Materials and Intellectual Property Rights

8.1 Except for the display of bOnline’s name, trade marks and/or logo, or wording such as "Website powered by bOnline Ltd." at the bottom of the Customer home page solely in accordance with bOnline guidelines , nothing in these Terms of Business entitles the Customer to use bOnline’s name, logo and trade mark or any of bOnline’s Intellectual Property Rights in any of the Customer’s company’s promotional literature or otherwise.

8.2 All Intellectual Property Rights pertaining to the Services, bOnline Materials and the Software shall remain the sole and exclusive property of bOnline or its licensors and nothing shall operate so as to transfer any interest, or, create any licences (implied or otherwise), in bOnline’s Intellectual Property Rights to the Customer, except as expressly stated in these Terms of Business.

8.3 Where bOnline has registered the domain name on the Customer's behalf this domain name will be registered to bOnline. Upon registration of such domain name the Customer acquires a personal, world-wide, revocable, non-transferable right to use the domain name for the period agreed but does not hold title to it. bOnline agrees to transfer this domain to the Customer or his/her agent when asked to do so and/or pursuant to Clause 16.4.2, providing that all charges and/or fees have been settled, including the Domain Transfer Fee. For the avoidance of doubt, in such case the Customer shall be responsible for renewing the registration of its domain name(s) and finding a new host for the respective domain name(s).

8.4 Subject to the Customer’s continued compliance with these Terms of Business, bOnline grants to the Customer for as long as it continues to pay for the Services, a personal, world-wide, revocable, non-transferable, non-exclusive licence to use bOnline Materials and the Software (including the Intellectual Property Rights therein) but only to the extent strictly necessary for the Customer to enjoy the Services provided by bOnline and subject to the restrictions associated with the Services for which the Customer subscribes.

8.5 Except as expressly authorised by any relevant law or necessarily required for use of the Services in accordance with these Terms of Business, the Customer shall not transfer, reproduce, exploit, make available, modify, alter, integrate, merge, decompile or reverse engineer bOnline Materials and the Software (including the Intellectual Property Rights therein) or create any derivative works of the same.

8.6 The Customer hereby grants to bOnline a world-wide, non-exclusive, royalty-free licence (with full right to sublicense) to use, publish, display, reproduce, exploit, modify, alter, integrate, make available, merge, decompile or reverse engineer the Customer Materials for its business operations, the purposes of providing the Services and fulfilling bOnline’s obligations under these Terms of Business.

8.7 The Customer warrants that it is either the owner of, and has all right, title and interest in and to, the Customer Materials, or that it has sufficient rights to the Customer Materials to grant the rights set forth herein. Nothing in these Terms of Business shall limit the Customer’s liability for breach of this warranty or for breach by the Customer of bOnline’s Intellectual Property Rights.

9 Software

9.1 The Customer agrees to comply with the terms of these Terms of Business and any licences required by bOnline or other owner of any Intellectual Property Rights in the Software.

9.2 Whilst bOnline and its suppliers have made reasonable efforts to minimise defects or errors in the Software and to check the Software for viruses, bOnline does not warrant that the Customer’s use of the Software will be uninterrupted or that the operation of the Software will be error free, virus free or secure, or that the Software and the functions of the Software will be merchantable and will meet the Customer’s requirements. In addition, the security mechanism implemented by the Software has inherent limitations and the Customer shall have sole responsibility in determining that the Software sufficiently meets the Customer’s needs.

9.3 To the maximum extent permitted by law and upon prompt notification of the Customer, bOnline’s sole liability (and Customer’s sole remedy) with respect to the Software shall be to use all reasonable endeavours to correct the defective Software.

10 bOnline’s Website

10.1 bOnline’s website shall remain the property of bOnline or its nominees.

11 Data Protection

11.1 bOnline operates in accordance with the Data Protection Act 1998 as updated or amended from time to time and as set out in the bOnline ‘Privacy Policy’ at www.bOnline.com.

11.2 bOnline may use any information supplied by the Customer for providing the Customer with the Services, for its own administrative and customer service purposes or for any other purpose required by law, including prompt disclosure of the current contact information provided by you and your identity to a party providing bOnline with reasonable evidence of actionable harm caused by wrongful use of the registered domain name. Without limitation bOnline shall be entitled to disclose information provided by the Customer to a debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider. To enable bOnline to provide the Services, bOnline shall also be entitled to disclose such information to other underlying provider’s companies.

11.3 In order to maintain quality and for training purposes, bOnline may monitor and record telephone conversations with the Customer.

11.4 bOnline shall be entitled to communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of bOnline’s Customer base (including the Customer) but which is anonymous and does not describe or reveal the identity of any particular Customer to any third party.

11.5 Unless the Customer notifies bOnline in writing by sending an unsubscribe email to unsubscribe@bonline.com, bOnline may:

11.5.1 use information provided by the Customer for market research purposes or to supply the Customer with information about other products or services available from bOnline;

11.5.2 provide information supplied by the Customer to third parties for market research purposes or to enable them to supply the Customer with information about their products.

12 Confidentiality

12.1 Each Party (in this Clause the "Receiving Party") undertakes to the other Party (in this Clause the "Disclosing Party"):

12.1.1 to keep confidential the Disclosing Party’s information of a confidential nature obtained from the Disclosing Party in discussions leading to these Terms of Business and subsequently received pursuant to these Terms of Business;

12.1.2 not to disclose the Confidential Information in whole or in part to any other person without the Disclosing Party’s written consent, except to the Receiving Party’s employees, agents and its sub-subcontractors involved in the supply or use of the Services (as the case may be) on a confidential and need-to-know basis; and

12.1.3 to use the Confidential Information solely in connection with the supply or use of the Services (as the case may be) and not for its own or the benefit of any third party.

12.2 The confidentiality obligations in this Clause 12 will not apply if the Receiving Party is required by court, government or other regulatory body to disclose the Confidential Information, but only to the extent required by law, provided that the Receiving Party gives the Disclosing Party written notice as soon as practicable of such requirement.

12.3 The confidentiality obligations in this Clause 12 will not extend to the Confidential Information which the Receiving Party can prove to the Disclosing Party’s reasonable satisfaction:

12.3.1 has ceased to be secret without default of the Receiving Party’s part; or

12.3.2 was already in the Receiving Party’s possession prior to disclosure by the Disclosing Party; or

12.3.3 has been received from a third party who did not acquire it in confidence.

12.4 Clauses 11.5 and 12 shall survive termination of these Terms of Business or any part of it.

13 Limitations of Liability

13.1 Nothing in these Terms of Business excludes or restricts each Party’s liability for fraudulent misrepresentation, death or personal injury resulting from its own negligence or that of its employees while acting in the course of their employment by such Party. However, nothing in this Clause gives a Party any right or remedy which it would not otherwise have.

13.2 Nothing in these Terms of Business shall exclude or restrict a Party’s liability for matters which cannot by law be excluded or restricted.

13.3 Except as expressly stated in these Terms of Business, all warranties, representations, conditions, undertakings or terms, express or implied in respect of the bOnline’s Services are excluded to the fullest extent permitted by law.

13.4 bOnline makes no express or implied warranty relating to the performance, quality or fitness for a particular purpose of the Software. No agent or employee of bOnline is authorised to make any representation or modifications, extensions, or additions to this Clause.

13.5 In particular, but without prejudice to the generality of Clause 13.3, the Customer acknowledges and accepts that:

13.5.1 bOnline does not warrant that the Services will be available at any particular time or continuously;

13.5.2 the repair of any fault with the Customer’s Internet connection is the sole responsibility of such carrier or provider (e.g. BT or Virgin Broadband); and

13.5.3 bOnline is not responsible for any loss of or disruption to Services due to failure of a carrier network or network provider.

13.6 bOnline’s, its employees’ and its sub-subcontractors’ entire liability to the Customer (including without limitation liability for negligence) shall be limited for one claim or a series of related or unrelated claims within a period of 12 months to the lesser of:

13.6.1 the value of bOnline’s Charges paid by the Customer within the previous 12 month period; and

13.6.2 £1,000.

13.7 Neither Party shall be liable in contract, tort or otherwise (including liability for negligence), for loss or damage, whether direct or indirect, of business, production, data, operation time, goodwill, revenue, profits, for any loss of anticipated savings, for wasted expenditure or for any indirect or consequential loss whatsoever.

13.8 bOnline shall not be liable to the maximum extent permitted by law for any loss of data resulting from the use of the Services including without limitation any delays, non-delivery or missed deliveries directly or indirectly caused by bOnline.

13.9 Without undertaking any obligations to give any such advice and/or recommendations, bOnline shall not be liable to the maximum extent permitted by law for any loss or damage suffered by the Customer as a result of placing reliance on bOnline’s advice and/or recommendations regarding the use of a third party’s products or services.

14 Force Majeure

14.1 Neither Party shall be liable for any breach of its obligations under these Terms of Business (other than in relation to payment of sums due) where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including, without limitations, acts of God, acts of Government or other competent regulatory authority, lightning, fire, flood, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law or regulation and accident (or by any damage caused by any of such events).

15 Suspension

15.1 bOnline may at its discretion and without liability to the Customer:

15.1.1 temporarily suspend the Services or any part thereof to vary the technical specification of the Services or for repair, maintenance or improvement or to protect life, limb or property;

15.1.2 suspend the Services and/or terminate the Terms of Business if the Customer is in breach of any provisions of Clause 6 (Charges) or should the Customer’s direct debit be cancelled or otherwise not validly be in place;

15.1.3 give such instructions to the Customer about the use of the Services it deems reasonably necessary;

15.1.4 do whatever is required of it to comply with laws, regulations or instructions issued by the Government, an emergency service or other competent authority; and

15.1.5 suspend the Services in any circumstance in which it is entitled to terminate these Terms of Business.

15.2 Except in an emergency when no such notice is required, bOnline will aim to give the Customer as much notice as reasonably practicable if the Services are to be suspended but the Customer shall have no claim against bOnline for any suspension of the Services. Any exercise by bOnline of its right to suspend the Services shall not exclude bOnline’s right subsequently to terminate these Terms of Business.

15.3 If the Services are suspended pursuant to the Customer’s default, the Customer must continue to pay Charges during such suspension and shall reimburse bOnline’s costs and expenses reasonably incurred by the implementation of such suspension together with all outstanding amounts due under these Terms of Business.

15.4 The Customer must indemnify and hold harmless bOnline against all liabilities, claims, damages, losses and proceedings arising out of or in any way connected with any use of the Services in contravention of these Terms of Business or the law.

16 Termination

16.1 Subject to Clause 16.3, the Customer may terminate these Terms of Business prior to the expiry of the term.

16.2 bOnline may terminate these Terms of Business immediately on written notice , and without having to pay any compensation to the Customer if:

16.2.1 the Customer is the subject of bankruptcy or insolvency proceedings in the United Kingdom or elsewhere, a receiver or administrator (or equivalent) is appointed over any of the Customer’s assets, or the Customer enters into any formal or informal composition or arrangement (or equivalent) with the Customer’s creditors, or the Customer or bOnline reasonably believes that such events are reasonably likely to occur. For the purposes of this Clause 16.2.1 "Customer" shall include the Customer’s direct and/or indirect parent company;

16.2.2 the Customer makes a material misstatement in the details the Customer has supplied to bOnline to enable bOnline to provide the Services;

16.2.3 the Customer materially breaches (including without limitation failure to pay any Charges promptly) these Terms of Business or any other Terms of Business the Customer has with bOnline;

16.2.4 bOnline suspects on reasonable grounds that the Customer may have committed or may be committing (i) a breach of any law; and/or (ii) any fraud against bOnline or any third party;

16.2.5 in any circumstances where under these Terms of Business, bOnline has the right to suspend Services;

16.2.6 the Customer fails to meet the bOnline’s required standard of creditworthiness; or

16.2.7 any contract between bOnline and a third party provider of a service is terminated where such termination affects the provision of the Services.

16.3 If the Customer terminates these Terms of Business pursuant to Clause 16.1 above or bOnline terminates the Terms of Business pursuant to Clause 16.2 above, any outstanding charges and/or fees shall become immediately due and payable and the Customer shall, without prejudice to any claim for damages by bOnline for any breach of these Terms of Business, pay to bOnline and bOnline shall receive payment of the Admin Fee, the Domain Transfer Fee (if applicable), the Charges to end of the month or of any other specified minimum term and any other outstanding Charges.

16.4 Notwithstanding the foregoing, if the Customer has subscribed for a Service subject to one-off payment in advance, the Customer is entitled to a refund if the Customer notifies bOnline within fourteen (14) days of payment. The Customer will not be entitled to a refund once the Customer proceeds beyond the Briefing stage, irrespective of the number of days since payment. No refunds of any fees already paid under any circumstances will be granted except as set out in this Clause 16.4 or otherwise specified by bOnline to the Customer in writing.

16.5 You agree to defend, indemnify and hold harmless bOnline, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to:

16.5.1 Your use of any domain name registration or other Service(s).

16.5.2 The content of the Service(s).

16.5.3 Your breach or violation of any term, condition, representation or warranty of these Terms of Business.

16.5.4 Your violation of any rights of others.

16.6 we may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the Services either by yourself or by someone you have knowingly or negligently allowed to use the Services.

16.7 On termination or expiry of these Terms of Business:

16.7.1 any licence granted to the Customer under these Terms of Business shall immediately cease, the Customer must immediately stop using the Services and all amounts the Customer owes to bOnline for the use of the Services shall be due and payable in full and the Customer shall have no right to withhold or set off any such amounts;

16.7.2 if bOnline provided the Customer with a domain name, bOnline shall transfer in accordance with Clause 8.3 such domain name to the Customer following receipt by bOnline of the relevant Domain Transfer Fee;

16.7.3 bOnline shall have the right to remove, cancel, delete and terminate any of the Customer’s Account, and any content or data uploaded or integrated with (or available on) Services without being liable for any losses;

16.7.4 within 7 days of the termination the Customer shall return to bOnline or destroy (and in that case certify destruction of) the Confidential Information, bOnline Materials and/or Software (including without limitation all copies in whatever format).

16.8 The termination of these Terms of Business for whatever cause shall not affect any provision of these Terms of Business which is expressed or by implication intended to survive or operate in the event of termination of these Terms of Business.

17 Assignment and Sub-contracting

17.1 The Customer must not assign or delegate or otherwise deal with all or any of its rights or obligations under these Terms of Business without the prior written consent of bOnline.

17.2 bOnline may assign, transfer (in whole or in part) or charge or deal in any manner or otherwise delegate all or any of its rights or obligations under these Terms of Business to any person or entity.

17.3 bOnline may sub-contract any of its obligations under these Terms of Business.

18 Variation

18.1 Except as described in Clause 18.2 below, any variation to these Terms of Business shall be agreed by the Parties in writing.

18.2 Notwithstanding Clause 18.1, bOnline reserves the right to amend or vary these Terms of Business (other than in relation to variations in accordance with Clause 6.10 of these Terms of Business) by giving the Customer 30 days’ written notice thereof with effect from the start of the month following such 30 day period. If the Customer refuses to accept such amendment, it may terminate these Terms of Business at the end of the month or of any other specified termin which the notice is served. If the Customer does not terminate within such 30 day period, the Customer shall be deemed to have accepted the variation.

18.3 If the Customer requests and bOnline agrees to a change of Services, the Customer must complete such formalities as bOnline shall require to give effect to such change and the Customer must pay to bOnline its then current Charges to reflect such change of Charges change. bOnline may require payment prior to effecting such change. To reflect such change, bOnline may without notice revise the Charges.

19 Notices

19.1 Unless otherwise stated in these Terms of Business:

19.1.1 Notices sent by the Customer to bOnline shall be sent:

(a) by hand or by recorded delivery to the following address or as otherwise notified to the Customer:

Attn: bOnline Ltd

Address: Chester House Kennington Park, 1-3 Brixton Road, London SW9 6DE

(b) by electronic mail to the following electronic email address or as otherwise notified to the Customer:

Email: service@bonline.com

19.2 Notices sent by bOnline to the Customer may be sent (i) by hand or by recorded delivery to the Customer’s billing address specified on the Order Form or to the Customer’s registered office; or (ii) by fax to the Customer’s fax number specified on the Order Form or as otherwise notified by the Customer to bOnline in writing; or (iii) by electronic mail to the Customer’s electronic mail address specified on the Order Form or as otherwise notified to bOnline in writing.

19.3 Notice given by hand shall be deemed given the same day. Notice given by recorded delivery on the date and at the time of signature of the delivery receipt. Notice given by fax shall be deemed given when transmitted provided that the sender shall have received a transmission report confirming correct transmission. Any communication by electronic mail from the Customer to bOnline shall be deemed to have been received when bOnline acknowledges receipt to the Customer of such electronic mail. Any communication from bOnline to the Customer by electronic mail shall be deemed to have been made on the working day on which the notice is first stored in the Customer’s electronic mail-box.

20 Entire Terms of Business

20.1 These Terms of Business together with any other documents expressly referred to in these Terms of Business represent the entire understanding between the Parties with respect to the subject matter of it and supersedes and extinguishes all other agreements or representations (except fraudulent misrepresentations) made by either Party, whether oral or written. In particular bOnline shall not be bound by any oral or written representation (except fraudulent misrepresentations) made by its representatives unless specifically incorporated into these Terms of Business in writing.

21 Time Not of the Essence

21.1 Any dates quoted by bOnline in connection with the provision of the Services shall be treated as estimates only. bOnline accepts no liability for failure to meet such dates and time shall not be of the essence for this purpose.

22 Miscellaneous

22.1 bOnline shall not be bound by and reserves the right to correct, before and after these Terms of Business is made, any typographical, clerical or other obvious error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by bOnline.

22.2 No waiver by bOnline of any default by the Customer under these Terms of Business shall operate or be construed as a waiver by bOnline of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by bOnline to the Customer shall imply a waiver of bOnline’s rights or shall in any way release, discharge or otherwise affect the Customer’s liability under these Terms of Business.

22.3 If any court or any governmental agency or authority of competent jurisdiction holds any provision of these Terms of Business to be invalid, void, or unenforceable, including in particular any limitation of liability or exclusion of implied terms, then:

22.3.1 if necessary, the Parties agree to rewrite the applicable provision to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and

22.3.2 the remainder of these Terms of Business shall nevertheless remain legal, valid, and enforceable.

22.4 The provisions of these Terms of Business of a continuing nature shall survive termination of these Terms of Business.

22.5 In the event of any inconsistencies between the contents of Terms of Business, the Order Form and the Price List, the order of precedence shall (unless expressly stated to the contrary) be (i) these Terms of Business; (ii) the Order Form; and (iii) the Price List.

22.6 The Parties do not intend that these Terms of Business be enforceable by any person not a party to these Terms of Business including under the General Terms (Rights of Third Parties) Act 1999 with the only exception of Clause 16.5 above which will also be enforceable by bOnline’s employees and its subcontractors.

23 Governing Law and Jurisdiction

23.1 These Terms of Business and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.

23.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Business or its subject matter or formation (including non-contractual disputes or claims).

bOnline Ltd. Privacy Policy

INTRODUCTION

For the purpose of this Privacy Policy "you" or "your" means any end user accessing the Website, "we" or "us", "our" means bOnline Ltd. with registered office at Chester House, Kennington Park, 1-3 Brixton road, London SW9 6DE and registration number 07710947.

This Privacy Policy (together with the Website Terms and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This Privacy Policy also sets out how you can instruct us if you prefer to limit the use of that personal data and the procedures that we have in place to safeguard your privacy.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the "Act"), we are the data controller. By using the website www.bonline.com (the "Website") or submitting information to us (through or in connection with the Website) you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use the Website or submit information to us through or in connection with the Website or otherwise.

1 Information We May Collect From You

1.1 We may collect and process the following information about you:

1.1.1 Information that you provide by filling in forms and submitting information, over the phone, by post, email, fax or on the Website. This includes information provided on registration, on placing an order, subscribing to any one of our services, through surveys, by posting material on the Website or by requesting further services. We may also ask you for information when you enter any promotion sponsored by us.

1.1.2 Records of communications between you and us relating to services provided by us to you. If you contact us, whether through the Website or otherwise (for example, by post, fax, phone, text message) we may keep a record of that correspondence. For example, if you submit a query, a complaint, report a problem with our service or Website, or otherwise liaise with our customer service, technical support or any other department in our company.

1.1.3 Details of transactions you carry out in connection with any of our products or services, both through our Website or otherwise, and of the fulfilment of your orders.

1.1.4 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

1.1.5 Details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

The above information may include any personal information that relates to and identifies you, including but not limited to your name, postal address, e-mail address, telephone number, bank account details, and any other information collected as set out in the above list.

1.2 We may check some of the information that you provide against third party databases to confirm that it is accurate.

1.3 We use third party payment agents such as Google or PayPal to manage our subscriptions via credit or debit card. If you use this method of payment you will authorise regular payments to be made for your subscription to bOnline. In doing so, you will be asked by the payment agent for your card details and billing address. This information is held by the third party payment agent, and you will be asked to agree to their terms and conditions, including their privacy policy, in completing the payment steps.

1.4 We do not store or have no access to your credit or debit card details, but we may have access to your billing address and payment history in order to assist with customer service enquiries. Under no circumstances these details are disclosed to any third parties other than those who need to know this information for the performance of the services requested by you.

2 How We May Use The Information Collected From You

2.1 We may process this information for the purpose of:

2.1.1 administering registration records (including reminders, e.g. update your payment details);

2.1.2 providing and personalising our products or services;

2.1.3 providing you access to all parts or features of our services or the Website;

2.1.4 dealing with your inquiries and requests, including contacting you where necessary;

2.1.5 carrying out our obligations arising from any contracts entered into between you and us;

2.1.6 processing your payment;

2.1.7 contacting you for your views on our services and notifying you occasionally about important changes or developments to our services or the Website;

2.1.8 notifying you about changes to our services;

2.1.9 carrying out market research campaigns;

2.1.10 improving and developing our services or the Website;

2.1.11 ensuring that content from our Website is presented in the most effective manner for you and for your computer or mobile device; and

2.1.12 debt recovery or debt tracing, crime, fraud and money laundering compliance.

2.2 We may also use your personal information, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

2.3 If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

2.4 If you are a new customer, and where we permit selected third parties to use your information, we (or they) will contact you by electronic means only if you have consented to this.

2.5 If you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (e.g. the order form or registration form).

2.6 We may also gather this information and statistics for the purposes of monitoring the usage of the Website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

2.7 You may ask us to provide you with information about our services or services offered jointly with or on behalf of other organisations by sending us an e-mail to service@bonline.com or writing to us at the following address: bOnline Ltd, Kennington Park, 1-3 Brixton Road, London SW9 6DE.

2.8 If you choose to post messages on any online forum or other message areas that we may make available for this purpose, we may collect that information you provide to us. We may retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

2.9 If you stop using our services or the Website or your permission to use the Website or our services is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by law. However, if you wish us to stop e-mailing you with information in connection with the Website or our services, please send your request in accordance with paragraph 10 below.

2.10 We may contract out part of our services plus other ancillary services such as hosting, credit checking, billing, and verification of sales. We may disclose your personal information to these organisations but only so that they can provide you with the services that we have contracted out.

3 Information Security

3.1 The Internet is not a secure medium. However, we have put in place various security procedures with regards to the Website and your electronic communications with us, as set out in this Privacy Policy.

3.2 Where relevant with respect to online payments, all your credit card details will be passed from your browser for processing using encryption.

3.3 Where you have been allocated a user admin area (an "Account"), this area is protected by your user name and password, which you should never divulge to anyone else.

3.4 Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

3.5 We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

3.6 We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

3.7 All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.

3.8 We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.

4 To Whom Will Your Information Be Disclosed?

4.1 Your information may, for the purposes set out in this Privacy Policy, be disclosed for processing to:

4.1.1 our employees;

4.1.2 our affiliates;

4.1.3 our group companies and their employees;

4.1.4 successors in title to our business;

4.1.5 prospective seller or buyers of our business or any of our assets;

4.1.6 third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us;

4.1.7 government bodies and law enforcement agencies and in response to other legal and regulatory requests;

4.1.8 auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;

4.1.9 to any third party where such disclosure is required in order to enforce or apply our Website Terms or our terms and conditions and/or other agreements; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and

4.1.10 subject to the limitations in paragraph 2 above, to carefully selected third parties that may contact you about products and services which may be of interest to you

in any jurisdiction where we operate.

5 Your Rights Of Access In Relation To Your Information

5.1 You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed. Please write to: bOnline Ltd, Kennington Park, 1-3 Brixton Road, London SW9 6DE.

5.2 Please quote your name and address. We should be grateful if you would also provide brief details of the information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).

5.3 We will require proof of your identity before providing you with details of any personal information we may hold about you. We may charge a fee of £10 to cover the administration costs involved in providing you with a copy of your information.

6 Cookies

6.1 What type of cookies do we use and for which purposes?

6.1.1 A "cookie" is a text file which is allocated by our server to your computer or mobile device (e.g. mobile phones, tabs, etc) when you visit our Website. If you want to know more about cookies please go to www.allaboutcookies.org, which explains how cookies work and how you can manage their use, and the cookies we use as described in our "Cookies Policy" available on our website. We use "cookies" to collect information from visitors to our Website and registered customers.

6.2 We use different types of cookies:

6.2.1 The first type is known as a "session" cookie: it is allocated to your computer or mobile device, only for the duration of your visit to the Website and allows you to browse through the Website faster. This type of cookie will automatically expire when you close down your browser.

6.2.2 The second type of cookie is known as a "persistent" cookie. This type of cookie will only be downloaded on to your computer or mobile device if you agree by selecting the "Remember me" function. This cookie, if chosen, will remain on your computer or mobile device for a period of time.

6.2.3 The purpose of this type of cookie is to: (a) welcome you when you log on to our Website; (b) identify your default options if you have customised your homepage; (c) track where you have come from if you were referred to our Website; (d) track how many times you access a webpage or an advertisement; and (e) provide you with self-help information.

6.2.4 We will not store information in a cookie regarding your telephone number, account or payment details.

6.3 Third Party Cookies

6.3.1 Other companies such as Google offering their products or services on our Website may also download cookies on to your computer or mobile device. These companies will have their own privacy policies which will govern they way they use their cookies. We accept no responsibility or liability for these sites.

6.4 How can you turn off cookies?

6.4.1 You can decide to remove all types of cookies from your computer or mobile device. However, this could have a negative effect on our Website services. If you access the "advanced preferences" in your browser, your browser will most likely let you choose whether to accept or block cookies or to be notified and asked to accept cookies.

6.4.2 For removing the "Remember me" cookie just untick the box when you sign in.

7 Where We Store And Process Your Information

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or affiliates. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

8 Your Consent And Changes To This Privacy Policy

8.1 By submitting any personal information (including, without limitation, your payment details) to us you consent to the use of information as set out in this Privacy Policy. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on the Website. It is your responsibility to check the Privacy Policy every time you submit information to us or place an order. Use will signify that you agree to any such changes.

8.2 In the event the purposes for processing personal information change, then we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing which is not compatible or similar to the originally specified purposes.

9 Use Of Your Personal Information Submitted To Other Websites

9.1 We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website or by means of our services.

9.2 We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.

10 Further Information

10.1 For further information from us on data protection and privacy or any requests concerning your personal information please write to bOnline Ltd, Kennington Park, 1-3 Brixton Road, London SW9 6DE or email us at service@bonline.com.