411-portal

Terms of Service and Use Agreement

LAST REVISION: November 1, 2013

1. Definitions

In this Contract the following terms have the definitions shown next to them:

"Contract"
means these Conditions.
"Data"
means the name, address, telephone number and or any information made available by a third party provider via the Service.
"Service"
1. means the online international telephone directory service which includes searching by business category, business name and residential searching; and
2. any other facilities that We make available as part of the Service.
"We", "Our", "Us"
means AffinIT B.V. of Hanckemaborg 16, 9722 WC Groningen, registered in The Netherlands No. 02073037.
"You", "Your"
means a user of the Service.

2. Provision of the service

We provide the Service to You on these terms and conditions.

  • We will provide the Service with the reasonable skill and care of a competent directory service provider.
  • You accept and acknowledge that it is technically impracticable to provide a fault free Service and You accept that We do not undertake to do so.
  • We do not warrant that the Data is free from errors or omissions.
  • We may suspend the Service for operational reasons such as maintenance or because of an emergency.
  • This Service is provided solely for Your own personal use and You will not resell the Service (or any part of it) to any third party.
  • We may provide links to external internet sites via the Service and where it does so, We are not responsible for the content of such external internet sites.

3. Costs

Use of the Service is free of charge. Limitations apply to the number of searches per hour and day. To generate revenue we make use of advertising services. Therefore the use of ad-blockers is prohibited when using this Service.

4. Restrictions on Use of the Service

You may use the Data for reasonable personal use or, in the case of a business, for internal purposes only. You may not sell, rent, lease, publish or display the Data to any third parties. You may not integrate the Service into another system/application other than by contracting with our Managing directors, which offers 411-Portal Windows client access or an XML web service to our directory services. You may not use automated scripts, software, spiders or any other automated means to perform searches on the Service. Any attempt to extract or download significant amounts of information from the Service or to compile a database from information obtained from the Service is strictly forbidden.

You are only entitled to use the Data in fair, lawful and responsible ways and the Data may not be used in any malicious, illegal or anti-social activity. We reserve the right to suspend any access to the Service when information obtained from the Service is being used in an way alien to these terms and conditions.

You may not

  • use the Data to recreate, in whole or in part, any database, including the directory enquiry database; or
  • use the Data for direct marketing purposes; or
  • distribute any substantial amount of the Data to third parties.

You agree that in relation to all information derived from the Service you will comply with all applicable laws and codes of practice including the Dutch "Wet bescherming persoonsgegevens" (Dutch Data Protection Act). You are warned that obtaining information from the Service with the intention of using it for purposes other than allowed for in these terms of use may be an offence under the Dutch Law.

You agree that if any complaint is made which relates to your use of the Data You will assist AffinIT and its data suppliers in investigating the complaint and You shall take such steps as are reasonably necessary to remedy the complaint as soon as possible.

5. Intellectual Property

The information contained on the Service, the software used to operate it and the trade marks, logos and other intellectual property used in connection with it are the property of AffinIT or have been licensed to AffinIT. No license of any such intellectual property rights is granted to you as a result of your use of the Service other than granted to you by this document. Some of the telephone subscriber data provided on the Service is provided under license from several Telecommunication Providers. Through your use of the Service you shall have no rights in the trademarks nor any right to reproduce those trademarks on any material.

6. Privacy

AffinIT may keep a log file of all searches and data subjects which can be made available to the law enforcement authorities. AffinIT will only then make this information available to law enforcement authorities when she is forced to do so. For more information see our Privacy Policy.

7. Matters beyond Our reasonable control

If We are unable to perform any obligation under this Contract because of a matter beyond Our reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts of local or central Government or other competent authorities or events beyond the reasonable control of Our suppliers then We will have no liability to You for that failure to perform.

8. Termination of this contract or the service

We may immediately terminate this Contract or suspend the Service either temporarily or indefinitely at any time without any reference to You without refund.

9. Change to this contract

We can change the conditions of this Contract at any time. We will give You notice of the changes by publishing details on Our website www.411-portal.com.

10. Warranty and limitation on liability

The use of the services of AffinIT is at your own risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from your use of the Service or materials.

In no event shall AffinIT be liable for any direct, indirect, incidental, special, consequential, punitive or other damages, whether in an action in contract, tort (including but not limited to negligence) or otherwise arising out of or in any way connected with use of the offerings or materials, including but not limited to, any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any of the Service, offerings or materials or any use or inability to use the or materials for whatever reason.

Breach of this contract means that you can be hold liable for any damage of AffinIT as a result of this breach. This damage includes the damage of third parties.

To the fullest extent permissible under applicable law, AffinIT disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of title, noninfringement and implied warranties of merchantability or fitness for a particular purpose, with respect to the offerings or materials. AffinIT will not warrant that the service of AffinIT will always be available or will be uninterrupted, accessible timely, responsive or secure and that the services will be free from viruses, "worms", "troyan horses" or other harmful properties.

11. Entire agreement

This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

12. Applicable law

This Contract is governed by the law of The Netherlands and both parties submit to the exclusive jurisdiction of the Dutch Courts more specific the court in Groningen.

BY USING THE SERVICE YOU ARE DEEMED TO HAVE ACCEPTED THE ABOVE TERMS OF USE.

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