Terms and Conditions
1. User Terms
1.1 In accordance with the following user terms (‘User Terms’), Icom (UK) Ltd (‘Icom (UK) Ltd) grants you as an authorised user (‘Authorised User’ or ‘you’) of this Icom (UK) Ltd web site (‘Web Site’) certain rights (as set out below) and in return you agree to perform certain obligations. 1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses: Clause 6 - Your ResponsibilitiesClause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future. 1.4 If you register for any prize competition, promotions or other give-aways on the Web Site separate Terms and Conditions which are located on the competition page, shall also apply in addition to the remainder of these User Terms.
2. Licence to Use Material on Web Site
2.1 Icom (UK) Ltd grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘Icom (UK) Ltd Material’) on the basis set out in Clause 2.2. 2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Icom (UK) Ltd Material for your own personal, non-commercial use provided that you do not:- Remove any notices relating to the ownership of copyright or other intellectual Property Rights (as defined in Clause 3.1 below) in the Icom (UK) Ltd Material;
- modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Icom (UK) Ltd Material;
- rent, lease, sub-licence, loan, copy or give or transfer any rights in the Icom (UK) Ltd Material in any form, to any person or entity without the prior written consent of Icom (UK) Ltd.
3. Ownership of Intellectual Property Rights
Notwithstanding the limited rights granted to you in accordance with Clause 2, Icom (UK) Ltd, shall retain all ownership, title and interest in the intellectual property rights contained in the Icom (UK) Ltd Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world ('Intellectual Property Rights')).4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:- You breach any of the terms of the licence granted to you in accordance with Clause 2;
- Icom (UK) Ltd terminates these User Terms by notice to you at any time in accordance with Clause 9.2;
- you terminate these User Terms by notice to Icom (UK) Ltd at any time in accordance with Clause 9.1.
- the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use Icom (UK) Ltd Material;
- you must delete or destroy any of the Icom (UK) Ltd Material stored by you in electronic or hard copy form as soon as reasonably practicable;
- you will have no further rights to access or use the Web Site or the Web Site Services.
5. Icom (UK) Ltd’s Responsibilities
5.1 Icom (UK) Ltd undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.5.2 Icom (UK) Ltd takes no liability for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site.
5.3 Icom (UK) Ltd reserves the right, without notice to you, to remove Icom (UK) Ltd Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. Icom (UK) Ltd will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations. 6.2 You agree that you will not use the Web Site or any of the Web Site Services as follows:- To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
- to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;
- for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;
- To use or attempt to use any software, engine, or any other means to navigate or search this Web Site other than the navigation tools and search facilities available on this Web Site and general third party browsers;
- To carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, Internet Keywords or other information;
- To access the Web Site by any means other than through the interface that is provided by Icom (UK) Ltd for use in accessing the Web Site;
- To use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Web Site;
- To do anything which imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure;
- To interfere with or disrupt the Web Site and/or Web Site Services or servers or networks connected to the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
- To collect or store personal data about other users of this Web Site whether or not for commercial purpose without their consent. This means no posting of phone numbers, addresses or any other private information without the express permission of that individual. Processing of personal data is regulated by the Data Protection Act 1998 in the United Kingdom.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998 (the “Act”), you acknowledge that in the course of using this Web Site, certain personal information or data about you will be captured electronically or otherwise and transmitted to Icom (UK) Ltd. By accepting these User Terms, you expressly agree to transfer such personal information or data to Icom (UK) Ltd to use, store and process the personal information for the purposes of providing the services offered on this Web Site. 7.2 For the purposes of the Act, you further agree that Icom (UK) Ltd may send your personal data outside of the European Economic Area for processing. 7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving notice to Icom (UK) Ltd in accordance with Clause 9.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services. For more information about the purposes for which Icom (UK) Ltd may use your personal information and your rights under the Act, please read Icom (UK) Ltd's privacy policy displayed on this Web Site. 7.4 We use cookies on our websites. A cookie is a small text file written and retained on your hard drive that contains information about you. Cookies do not contain any personal information. Once you close your browser the cookie will terminate. We may use cookies to provide seamless integration with our other services so we can personalise your experience. We also collect information to monitor website usage and trends. If you set up your browser to reject cookies you may still use the website and our other services but may have to provide login or other information each time you connect.8. Limitation of Liability
8.1 Icom (UK) Ltd does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Icom (UK) Ltd, its employees and the remainder of this Clause 8 shall not apply to such liability. 8.2 Icom (UK) Ltd shall not be liable to you in contract, tort, and negligence (other than fraudulent or negligent misrepresentations) or otherwise for:- Any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
- any loss of goodwill or reputation;
- any loss of data;
- any special, indirect or consequential loss.
9. Competition Rules
9.1 All competitions offered by Icom (UK) Ltd from this Web Site (“Competitions”) are open to any United Kingdom, Isle of Man, Eire or Channel Island resident who is aged 18 or over, except for employees (and their families) of Icom (UK) Ltd or anyone else connected with the Competitions (“Entrant”). 9.2 All Entrants must register for the relevant Competition by giving their correct name and address in the United Kingdom or Eire, together with their email address. By registering for the relevant competition, you acknowledge that you have read and agree to the provisions contained in Clause 7 regarding consent to use your personal information. 9.3 All Competitions shall be subject to terms and conditions as displayed on the Web Site in relation to each Competition. 9.4 All Competitions where an Icom transceiver/radio is a prize, the entrants/winner must hold an appropriate licence to operate the radio(s).10. General
10.1 These User Terms form the entire agreement between you and Icom (UK) Ltd and supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site. 10.2 Icom (UK) Ltd reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. Icom (UK) Ltd will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site following Icom (UK) Ltd's posting of such changes will be regarded by Icom (UK) Ltd as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future. 10.3 Nothing in these User Terms affects your statutory rights as a consumer. 10.4 If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. 10.5 You acknowledge that Icom (UK) Ltd has entered into these User Terms for its own benefit and these User Terms are intended to be enforceable by Icom (UK) Ltd by virtue of the Contracts (Rights of Third Parties) Act 1999. 10.6 A person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 10.7 If Icom (UK) Ltd is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Icom (UK) Ltd, Icom (UK) Ltd will have any liability for that failure to perform. 10.8 Your use of the Internet is solely at your risk and subject to all applicable laws, and Icom (UK) Ltd has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. 10.9 Unless otherwise specified on this Web Site, the Icom (UK) Ltd Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. Icom (UK) Ltd makes no representation that any Icom (UK) Ltd Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable. 10.10 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.11. Terms and conditions of Sale
11.1 Only merchandise and computer products are available for purchase on line from this website. Because of our commitment to our dealer network throughout the United Kingdom and Eire, radio products and accessories can only purchased through our dealership . 11.2 All orders will incurr a £1.50 postage charge. Unfortunatly we are only able to deliver goods within the UK mainland. A further charge will be incurred on goods delivered within Eire and the Channel Islands. 11.3 Prices are UK £ Sterling including VAT @20%. Purchases are subject to Icom (UK) Ltd terms and conditions of sale (copies available on request.) 11.4 Our prices may change. Whilst we will ensure that prices on the website are accurate, we are not responsible for any errors that may occur. If we discover any errors in the price of goods before we accept your order we will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order. 11.5 All goods are subject to availablity 11.6 Under the UK Distance Selling Regulations, you have the right to cancel your contract for any item you order within seven working days of the day we deliver them to you. You must communicate your cancellation within that 7 day period. 11.7 While all reasonable care is taken to protect the confidentiality of your credit card details, Icom cannot be liable if, through no fault of its own, these details are intercepted by an used by third parties.12. Contact Details
Icom UK Ltd's contact details are as follows: Trading Name:Icom UK Ltd Blacksole House
The Boulevard
Altira Park
Herne Bay
Kent CT6 6GZ Telephone: +44(0)1227 741741 Fax: +44(0)1227 741742 Icom (UK) Ltd is registered in England, Number 1461875