INTRODUCTION

1. This Agreement is a legal document which sets out your rights and obligations, and those of TopContacts Limited, a company registered in England under registration no. 04982404 ("TopContacts", "we" or "us"), in relation to this site and the services offered by TopContacts through it (the "TopContacts Service"). By registering for the TopContacts Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the TopContacts Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the TopContacts Service. You should be aware that this Agreement may change from time to time in accordance with Clause 27 below.

NATURE OF THE SERVICE

2. The TopContacts Service is intended to provide all of its Members with the ability to:

- Search the database of Members for potential suppliers of services

- The opportunity to advertise the service they wish to provide to other TopContacts Members

And for Full Members the ability to:

- Provide a means of contacting the Members offering the service they require

TYPES OF MEMBERSHIP

3. People who register for the TopContacts Service become "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay our fee for a full annual membership (which we call "Full Members"), and those who do not ("Standard Members").

Standard Members agree:

- that their name will appear on the TopContacts Service;

- to receive emails from TopContacts unless they opt not to do so;

- that their links to other TopContacts Members will be displayed;

Only Full TopContacts Members are entitled to contact other TopContacts Members via the service

In addition to the above, Members who choose to have a free Profile also agree:

- to receive emailed messages from TopContacts Members, which will be sent to the email address contained in Your Profile;

We are not an internet service provider, however. In order to avail of the TopContacts Service, you must have internet access and all the software (and skills) required for email and web usage.

4. Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 10 or Clause 14 below, will not affect your then-current Full Membership.

5. The details Members provide within their Profiles are entirely at their discretion. Members should give careful consideration to the information they wish to include as this will be available to other Members (with the exception of their e-mail address). Examples are personal telephone numbers, personal addresses etc.

6. Members are responsible for ensuring that they have gained approval to post information relating to their employer's activities and employer related contacts.  

PRIVACY POLICY

7. TopContacts' Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the TopContacts Service (including any which contain personal information) is, of course, accessible to internet users around the world.

ABUSE OF THE SERVICE

8. Members are discouraged from unsolicited contact with other Members where the primary objective is to sell their service and not to use the service the Member provides. This type of unsolicited contact will be considered abuse of the Service and persistent offenders reported by other Members may have their Membership cancelled.

9. Anti Spam Policy. The TopContacts Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not use your access to the TopContacts Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

10. We reserve the right (a) to suspend or terminate any Member's access to the TopContacts Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the TopContacts Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the TopContacts Service without our prior consent. You are responsible for everything which is done on or through the TopContacts Service while your Membership account is logged on to the TopContacts Service, or through your email address(es).

GENERAL TERMS

11. Registration. You undertake to register for the TopContacts Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to connect yourself with Contacts on the TopContacts Service which you have a personal connection with. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

12. TopContacts' Role. You, whether you are a Member or just a non-Member who visits the TopContacts Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the TopContacts Service or outside of it. We only provide a venue where the TopContacts Service may be accessed. In particular, you should be aware that TopContacts does not pre-screen or monitor the material contributed by Members.

13. Additional services. TopContacts or its affiliates may offer new or additional services through the TopContacts Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the TopContacts Service in an appropriate manner (as determined by TopContacts in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

14. Operation of TopContacts Services. TopContacts reserves the right to withdraw or modify one or more aspects of the TopContacts Service where we have legal or technical reasons to do so (including technical difficulties experienced by TopContacts or on the Internet). There may also be times when the TopContacts Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the TopContacts Service.

15. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant TopContacts Service.

(ii) Fees paid by a Full Member will not be rebated or refunded by TopContacts, unless the TopContacts Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.

We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

16. Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the TopContacts Service, nor any activity or communication you make in connection with any TopContacts Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

17. Alerting TopContacts. If you see anything on the TopContacts Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here. We do not generally monitor material contributed by Members before it is placed on the TopContacts Service, and so we are reliant upon users to point out any which infringes this Agreement.

18. Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the TopContacts Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the TopContacts Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the TopContacts Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the TopContacts Service.

19. Disclaimer and Release. TopContacts has no control over or responsibility for the truth or accuracy of any material available on the TopContacts Service, whether provided by Members or others.

- If any third party sites are linked to from the TopContacts Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the TopContacts Service than you do offline.

- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the TopContacts Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release TopContacts its directors, contractors and employees from all liability arising out of or in connection with the TopContacts Service and the material included here by Members and other third parties.

20. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the TopContacts Service (including the material which is contributed by Members) are owned by TopContacts. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the TopContacts Service, or any of the material which is found on the TopContacts Service unless properly licensed to do so by us.

By submitting any material to the content of the TopContacts Service, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

21. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). TopContacts will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

22. Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of TopContacts under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

23. Non-excluded Liabilities. Nothing in this Agreement limits TopContacts's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

24. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the TopContacts Service.

25. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of TopContacts assign or dispose of this Agreement.

26. Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the TopContacts Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

27. Changes to this Agreement. TopContacts reserves the right to change this Agreement from time to time, and post the new version on the TopContacts Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.topcontacts.com), and the new version of these terms and conditions will take effect, and will govern all TopContacts Services and your relationship with TopContacts:

- commencing four weeks after the date of posting (or such later date as TopContacts indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the TopContacts Service; or

- immediately upon the date of posting (or such later date as TopContacts indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of TopContacts's addresses or email addresses referred to in this Agreement.