Terms & Conditions
This is a site which is linked to the Notanant network of sites for social networking, e-commerce and content management. These are the terms and conditions on which you may use this site and Notanant services in general (Notanant means the site www.notanant.com plus any any other website or sites that uses, displays or integrates www.notanant.com services or web pages into their website). In accessing any part of this site or Notanant you are agreeing to these terms and conditions. If you use this site or Notanant in the course of your business, you are agreeing to these terms and conditions on behalf of that business. Notanant is provided by Notanant Limited registered at 27 Grange Park, St Arvans, Chepstow, UK (see section 10). If you do not agree with the terms and conditions (or are not authorised to do so) you must not use this site or Notanant. If you have any questions please contact firstname.lastname@example.org.
Terms and conditions - general notices
These terms and conditions were last updated on 2nd June 2011 and replace all previous terms and conditions for this site and for Notanant.
This site is provided and hosted by Notanant Limited. Notanant Limited may change, alter or withdraw any part of Notanant at any time (with or without notice to you) and may also change the terms and conditions. If applicable, notice will be given by message to your email address or mobile phone number and will be deemed to be served 3 hours after being sent by Notanant Limited. If you do not agree to the changes you should cease using Notanant and you may cancel your subscription to any Paid For Services in accordance with the details set out in Section 9. Notanant Limited will publish details of any changes to the terms and conditions in Section 11 below. You should regularly check Section 11 of these terms and conditions to see if any changes have been made - by using Notanant after we have posted the changes, you are agreeing to be bound by them.
References in these terms and conditions to "Notanant Limited" (or "we", "us" or "our") refer to the company operating Notanant Limited. See the Corporate Information section below for more details about these companies. References to "Notanant" refer to the system of scripts, programmes, databases, hosting services and pages that make up the Notanant system.
From time to time Notanant Limited may run competitions, free prize draws, promotions and surveys on Notanant. These are subject to additional terms and conditions that will be made available at the time they are run.
1. Access and Use
Notanant is divided into Sites (also known as Organisations in previous t&cs). A site is a delimited area on Notanant that contains information, members and services and may include other Sites. Each Site may be run and managed by a person or business separately from Notanant Limited on a subscription basis. The person with financial responsibility for paying the Site's subscription to Notanant is the Site Owner. Access to any Site is at the discretion of the Site Owner except where access is required by law, under a court order, or where Notanant Limited requires access for administration purposes or where allowed under these terms and conditions.
All material available on Notanant (the "Content") belongs to Notanant Limited or to Site Owners. Notanant Limited or Site Owners own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Code, script, knowledge and intellectual property in the Notanant system remain the sole ownership of The Dobney Corporation Limited licenced to Notanant Limited. You may not copy, decompile, amend or otherwise use the intellectual property without express permission of The Dobney Corporation Limited.
You may not use Notanant for any unlawful purpose. Except as expressly set out above, you may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content without the express permission of the Site Owner or, where materials are owned by Notanant Limited, Notanant Limited. Without limitation, you may not do any of the following without prior written permission from Notanant Limited (and neither may you allow a third party to do any of the same):
You acknowledge that "Notanant" and "on Notanant" "sent via Notanant" are trade marks and that you may not use without explicit permission from Notanant Limited. In particular "sent via Notanant" can only be used within emails created and sent through the Notanant communication system.
If you would like to link to any part of Notanant, please read and comply with the following guidelines and all applicable laws. A site or service that links to Notanant:
Notanant Limited expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
On registration to any Site, you must provide Notanant Limited with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Notanant registration pages. This is particularly important if you subscribe to receive any Paid For Services. Notanant Limited is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). Notanant Limited does not permit any other person sharing your user name and password or access through a single name and password being made available to multiple users on a network. Notanant Limited may cancel or suspend your access to Notanant if you do this without further obligation to you.
You are responsible for all use of Notanant made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify Notanant.com immediately by e-mailing email@example.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide Notanant Limited with an email address or mobile phone number that will result in any emails or SMS messages Notanant Limited may send you being sent to you via a computer network or telephone operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that Notanant Limited may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails or SMS messages to you.
Where you come across information about other individuals or businesses on Notanant you must heed the wishes expressed on Notanant by individuals not to be contacted. In particular where information on Notanant shows that someone chooses not to receive information or communications in one form or another, you may not contact that person in that form, either through Notanant or through alternative methods. You may not use information on Notanant to build lists that are not held on Notanant itself.
Notanant is built around Sites that contain information, members and services that allow Site Owners and their members to share information with each other and with the general public. While Notanant Limited does not control the information/materials included within the Sites, it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the content, or the Sites themselves and to terminate your access to and use of any Sites and you waive any moral rights that you may have in regard to the content. Where a fee has been paid for the Site and Notanant Limited deletes, suspends, moves or edits these Sites the maximum refund due is the amount of the fee paid. You agree that Notanant Limited is not responsible for any other incidental costs or loss of revenue that comes from these changes.
Users and members may also add content to Notanant, on their own profile pages, and to areas inviting content to be added
You must not add, either on personal page or on a Site
Site Owners are solely responsible for the content of any Sites that they own. By including information in any Site, Site Owners agree to indemnify Notanant Limited from all claims, costs and expenses (including legal expenses) arising out of the content in any Site posted or published on the Site that are in breach of this Section 3.
individual users are solely responsible for the content they post to their personal pages. By including information, users agree to indemnify Notanant Limited from all claims, costs and expenses (including legal expenses) arising out of the content posted or published by you that are in breach of this Section 3.
Notanant contains information submitted by users over whom Notanant Limited has no control. Notanant Limited cannot guarantee the accuracy, integrity or quality of any content in any Sites. Some users may breach these terms and conditions and include information in Sites that are misleading, untrue or offensive. You must bear all risk associated with your use of Notanant and should not rely on any information on Notanant in making (or refraining from making) any specific investment or other decisions.
It is not possible for Notanant Limited to fully and effectively monitor when Sites, or personal pages infringe these conditions or the copyright of a third party or other third party rights. If you believe that an Site or personal page infringes any legal rights that you may have, you should notify Notanant Limited immediately with specific details by contacting firstname.lastname@example.org.
4. Technical Requirements and Site Security
Notanant is able to restrict access to certain parts and areas of the site and with in Sites. We do not guarantee that information held on Notanant is secure or that the access controls cannot be breeched, whether maliciously or by accident. You must bear all risk associated with including information on Notanant and accept that we cannot guarantee the security of any information in any form on Notanant.
Should you come across any breech of security you will report it to Notanant Limited who will take steps to prevent such a breech happening again.
Notanant Limited provides no guarantee over the availability of Notanant or the ability of users to access Notanant. Whilst we will endeavour to ensure the on-going provision of Notanant and Notanant services you accept that computers and networks fail, crash or otherwise breakdown and that it may not be possible to restore Notanant within any specific length of time.
From time to time Notanant Limited will make back-ups of Notanant. You allow Notanant Limited to copy any information held on Notanant for the purpose of back-up. These back-ups may be used to restore Notanant to working order or to enable the development or implementation of new Notanant features and services. Notanant Limited does not provide any guarantee that information provided to Notanant will be backed up. You bear the entire risk that information on Notanant may be corrupted or deleted and we recommend that you maintain your own back-up data.
5. WARRANTIES AND LIMITATION OF LIABILITY
Notanant Limited is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions.
What we can guarantee: Notanant Limited SHALL DEVELOP AND OPERATE NOTANANT WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, Notanant Limited DOES NOT GIVE ANY WARRANTIES IN RESPECT OF NOTANANT. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Notanant Limited HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT Notanant IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT Notanant Limited WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF NOTANANT (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING NOTANANT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT Notanant Limited WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF NOTANANT.
Notanant Limited SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN NOTANANT OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF NOTANANT (TO THE EXTENT THAT Notanant Limited's LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS:
IF A COURT OF COMPETENT JURSIDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL NOTANANT SUBSCRIPTION FEE LISTED ON www.notanant.com/addmod_services.php?org_id=1.
Without limiting the above, Notanant Limited is not liable for matters beyond its reasonable control. Notanant Limited does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.
Notwithstanding anything else contained in the provisions of this Section 5, Notanant Limited's liability will not be limited in the case of death or personal injury directly caused by Notanant Limited's negligence.
6. Third Party Sites and Services
Copyright in any software, documents or other electronic data (Downloads) that is made available for download from Notanant belongs to Notanant Limited or Site Owners. Your use of the Downloads is governed by the terms of any licence agreement that may accompany or be included with the Download. Notanant Limited is not responsible for any technical or other issues that may arise from these Downloads. Do not install or use any Downloads unless you agree to such licence agreement.
Notanant contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Notanant complies with international and national law. Notanant Limited will not be responsible for any error or inaccuracy in advertising or sponsorship material.
7. Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of Notanant Limited and to the extent possible in the applicable jurisdiction, Notanant Limited shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
9. Paid For Services
Notanant Limited operates "PAID FOR" services through Notanant including Site subscriptions payable by Site Owners in addition to other services that may be offered by Notanant Limited or Site Owners on Notanant. By subscribing to receive any of these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms that appear below. For services provided by Site Owners, additional terms and conditions may apply.
You agree to pay any subscription fees at the rates in effect when the charges are incurred.
You must provide us with complete and accurate payment information. Payment is made through WorldPay. No credit card or details needed to authorisation credit or debit card payments are handled on Notanant. You can pay by either credit or debit card. By submitting credit or debit card payment details you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments Notanant Limited reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.
Notanant Limited will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when Notanant Limited sends you an email or message confirming your subscription details.
There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, Notanant Limited reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.
Notanant Limited will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
Cancelling or Changing your Notanant Subscription: Notanant Limited will provide a full refund if you cancel your Notanant subscription within seven days of the start of the subscription. After this date refunds will be at the discretion of Notanant Limited. In particular where a subscription has provided you with access to subscriber-only information, no refund will be possible. If you have downloaded any content in the period of your subscription you will delete any copies that you have made.
10. Corporate Information
These terms and conditions apply to your use of the following Notanant Limited sites: www.notanant.com; www.notanent.com; www.notonant.com; www.notanant.co.uk. These Notanant Limited sites are operated by the companies listed in the table below.
Company Name Notanant Limited
Registered office: 27 Grange Park, St Arvans, Chepstow, Monmouthshire, UK
Registered in England No 05732577
VAT number: 902 7949 09
Notanant can be found at www.notanant.com.
11. Changes to Terms and Conditions
These terms and conditions were published on 27th September 2013 and supercede any previous terms and conditions. You should periodically check these pages for changes.