These Terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity and us, concerning your access to and use of our website.
By Using Our Website You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 7th July 2021.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following document also applies to your use of Our Site:
- Our Privacy Policy, This is also referred to below in Part 15.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” Means A1 Investigations Bureau Ltd
2. Information About Us
Our Site is operated by A1 Investigations Bureau Ltd Our address is:
Office G16, Scope House, Weston Road, Crewe, Cheshire CW1 6DD
3. How to Contact Us
To contact Us, please email Us at info@a1investigations.co.uk or telephone 0800 358 0909
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
6. Changes to these Terms and Conditions
6.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
7. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
8. How You May Use Our Site and Content (Intellectual Property Rights)
8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
8.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
8.4 You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
8.6 You may not use any Content, saved or downloaded, from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
8.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
9. Links to Our Site
9.1 You may only link to the homepage of Our Site. Linking to other pages on Our Site requires our express written permission.
9.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
9.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
9.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
9.5 You must not frame or embed Our Site on another website without Our express written permission.
9.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
10. Links to Other Sites
10.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11. Disclaimers
11.1 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.2 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
12. Our Liability
12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 Our Site is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that. We shall have no liability to you for any business losses as set out above.
12.5 If you are a consumer and digital content from Our Site damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.
12.6 Note that the right to compensation or repair in Part 12.5 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.
13. Viruses, Malware, and Security
13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
14. Acceptable Usage of Our Site
14.1 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
15. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy & Policy.
16. Communications from Us
16.1 If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
16.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
2. A1 Materials and Respondent Content
1. Certain content and information is provided on and through the Sites and in Surveys, including, without limitation, documents, graphics and images that are not Respondent Content (as defined below) (collectively, the “A1 Materials”). The copyright, trade mark and other intellectual property rights in and to A1 Materials belong to A1 or to A1’s contributors and A1 and its licensees reserve their respective intellectual property rights in the A1 Materials.
2. Respondent agrees that the Respondent, and not A1, is responsible for all content, including text, sound, photographs, images, video and other materials submitted by Respondent through the Sites or in Surveys (collectively, “Respondent Content”) and for ensuring that it complies with A1’s Content Rules in its use of the Sites and participation in Surveys.
3. A1’s Content Rules are that material must not, and must not appear to us to:
a. infringe anyone’s copyright
b. infringe any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
c. require the payment of any royalty or other sum in connection with its use;
d. contravene any applicable law (including, without limitation, any criminal law) or regulation;
e. include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
f. contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
g. misrepresent anyone’s identity in any way or impersonate any person;
h. include any material containing personally identifying information about another person, such as their name, address, phone number, or email address, except with the demonstrable approval of that person;
i. contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
j. harass, upset, embarrass, alarm or annoy any person;
k. give the impression that it emanates from or is approved by A1;
l. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
m. infringe any reasonable requirements which we may notify from time to time; or
n. interfere with the proper working of A1.
4. You will not:
a. use any technological devices such as spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Sites;
b. manipulate any poll, survey or prize draws on the Sites;
c. take any action to interfere with the Sites or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Sites;
d. send unsolicited email, including promotions and/or advertising of products or services; or
e. frame portions of the Sites within another website or alter the appearance of the Sites.
5. By participating in a Survey, you acknowledge that Respondent Content may be provided to business(es) that have commissioned the relevant Survey.
6. A1 may, but is not obligated to, review any Respondent Content and block or terminate access of any Respondent whose Respondent Content A1, in its sole discretion, considers is non-compliant with this Agreement.
3. Intellectual Property Rights
1. The Intellectual Property Rights in the Sites and Surveys and in the material that appears on or in them are protected by copyright laws and treaties around the world and we, and our licensees, reserve our respective Intellectual Property Rights in the Sites and Surveys and no Intellectual Property Rights of any kind in them are assigned or licensed to you.
2. We shall own and retain all right, title, Intellectual Property Rights and interest in and to all the Respondent Content, irrespective of the means by which it is contributed. You assign to us all rights you may have in all Respondent Content, including all Intellectual Property Rights in it. You acknowledge that you won’t retain any moral rights (the rights of integrity and attribution) in Respondent Content.
3. Notwithstanding the above, we will use Respondent Content for the purposes of the Survey you participate in
4. Term and Termination
1. This Agreement shall automatically become effective when Respondent agrees to it or you participate in a Survey that is governed by it.
2. A1 may:
a. freeze Respondent’s account with A1;
b. prevent Respondent’s participation in current and/or future Surveys; and/or
c. terminate Respondent’s participation in Surveys or Sites, in the event that Respondent breaches this Agreement or if A1 ceases to be involved in the provision of the Surveys or Sites.
3. In such event, Respondent shall immediately cease all use of Surveys or Sites (as the case may be) and Respondent acknowledges and agrees that A1 may, in its sole discretion, take any measures A1 reasonably deems necessary or desirable to prevent further participation in Surveys or use by Respondent of the Sites, including, by blocking Respondent’s IP address.
4. Respondent acknowledges and agrees that A1 shall not be obliged to retain any Respondent Content (including Survey or responses) or to provide the same to Respondent.
5. Limit on Liability
1. We do not exclude our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
2. The material contained in Surveys, displayed on our Sites or otherwise supplied to you is provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that the functions contained in the Sites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Sites or the servers that deliver the Sites will be corrected, or that the Sites or those servers are made available free of viruses or other harmful components.
3. We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participation in any Survey.
4. Our maximum liability to you in respect of any Survey is the particular Incentive that we agree to provide to you for your participation in that Survey. Only properly and fully completed Surveys that meet the requirements of this Agreement and the relevant Survey will qualify for such an Incentive. The Incentive will be subject to all availability and other qualifications that we notify to you at the time.
5. We will not be liable to you if we are delayed in or prevented from complying with our obligations under this Agreement by anything you should do or should have done, or as a result of events or things that we cannot reasonably control.
6. We are not liable for business losses. So we won’t have liability to you for any loss of revenue (other than Incentives owed to you) or profit, loss of business, business interruption, or loss of business opportunity.
6. Jurisdiction and Applicable Law
1. This Agreement (and any non-contractual obligations relating to or connected with this Agreement) is governed by English law. You and we each agree that the English courts have the jurisdiction for any disputes that arise in connection with this Agreement.
7. Severability and Waiver
1. If any of these terms of use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms shall survive and continue to be binding and enforceable.
2. Any waiver by us in writing of any of your obligations hereunder, or any failure to insist upon strict compliance with any obligation shall not operate as a waiver of, or estoppel with respect to any subsequent or other failure of yours.
8. Assignment
1. Respondent may not assign this Agreement without A1’s prior written consent, which may be withheld in A1’s sole discretion. A1 may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or for any corporate reorganisation of ODR, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.
9. Entire Agreement
1. This Agreement is intended to contain your entire agreement with us relating to Surveys and Sites; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to them, except for any fraud or fraudulent representation by either of us.
10. Variations and Notices
1. A1 may make changes to Sites, Surveys and A1 Materials at any time.
2. A1 may revise the terms of this Agreement from time to time and will post the new version of the Agreement on the relevant part of the Site(s), and the new version will take effect from the date we specify for that new version.
3. All notices and other communications required or permitted to be given by A1 to Respondent under this Agreement will be deemed to be properly given on the date when:
a. posted on the Sites; or
b. sent by email to the email address for Respondent last recorded by A1.
c. Respondent may give notices to A1 under this Agreement by email to info’a1investigations.co.uk.
4. Where the Respondent has not participated in a survey for over 90 days, A1 may declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them.
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