Caboperator Ltd Terms of Service

1. Acceptance of Terms
These Terms of Service ("Terms") apply to and govern your use of our Caboperator Limited ("CABOPERATOR") web site and its services (the "Website"). Please do read through and understand our Terms carefully. References to 'you', 'your' and 'yours' are references to the person(s) accessing the Website. References to 'we', 'us' and 'our' are references to CABOPERATOR and Caboperator Limited. By using our Website, you indicate your agreement to be bound by our Terms. If you do not agree with our Terms as set out below, please notify us in writing and do not use our Website. CABOPERATOR may decide from time to time to waive any of the Terms of Service governing the Website. If we do so, we will not be deemed to have waived those Terms of Service on any other occasion.

2. Right to Change
The Internet business is constantly evolving and changing and we are also adjusting our features from time to time, it is therefore necessary for us to amend our Terms and Privacy Policy to go with these changes. CABOPERATOR reserves the right to change the content of the Website and the Terms of Service and Privacy Policy at anytime without prior notice. You undertake to check the Terms of Service and Privacy Policy each and every time you use our Website. If you do not agree with our amended Terms as set out below, please notify us in writing and do not use our Website.

3. Privacy
Please refer to our separate Privacy Policy, which also applies to and governs your use of our CABOPERATOR Website to understand our practices.

4. Security
You must undertake to keep your security sign in ID, Password and Pattern Word and any other sign up and sign in details secret. You further undertake to change your password regularly. If you do not know how to change your password, you undertake to seek expert advice on how to do so. You must not tell anyone these details or write them down in a manner that would allow someone else to use them and access your data. Never include your Password or Pattern Word in an e-mail or letter. You understand that CABOPERATOR will never ask you to enter your Password or Memorable Word on any other Website or letter or email. You will not tell anyone including CABOPERATOR staff your Password or Pattern Word or any sign up and sign in details over the phone or by any other correspondence or email. Do not enter your Password and Pattern Word while someone else is watching. You must write to us immediately if you suspect that someone knows your sign-in details and/or has accessed your data. We reserve the right to suspend your service if we suspect any improper use of the Internet service.
Never leave your computer whilst you are signed-in to the CABOPERATOR service. Always sign-out from our Website whenever you are not using it. If using a public or shared computer, for example at an Internet cafe, you must undertake to sign-out and close down any browser windows when you have finished using our Website. You undertake to immediately update your address or your personal identifying details on the CABOPERATOR Website whenever your details change.

5. Third Party sites
The Website may contain material submitted and created by third parties. We do not make any recommendation or endorsement as to any service or product or to any material, including advertisement, submitted by third parties to our Website. CABOPERATOR excludes all liability for any illegality arising from, or error, omission or inaccuracy in such material.
The Website may also contain links to other sites not maintained by CABOPERATOR. We are not responsible for the content of these third party sites. By accessing other websites through links provided by CABOPERATOR, you agree to the following: -
Independent providers have produced the material available on these sites. Any opinions or recommendations are solely those of the independent providers and are not the opinions or recommendations of CABOPERATOR. CABOPERATOR can not guarantee the timeliness, accuracy, adequacy, or completeness of any such information. The materials and information you may find on these third party sites are provided on an "as is" basis without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the CABOPERATOR Website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. CABOPERATOR will not be held liable for any damages or injury resulting from the use of linked sites.

6. Advertisements
CABOPERATOR reserves the right to place advertisements anywhere on the Website, and at any time. Your correspondence or dealings with, or participation in promotions of, advertisers and merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: CABOPERATOR shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and any orders placed by you are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

7. Governing Law
English law shall govern the Website (including these Legal Notices) and the English courts shall have exclusive jurisdiction over any disputes arising from the Website's Terms of Service.

8. Payment Terms
CABOPERATOR reserves the right to change all prices and quotes without prior notice. All invoices are subject to VAT at the prevailing rate and are payable before the specified due date. All invoices from CABOPERATOR will be sent out in an electronic format, e.g. by e-mail. As a user, you accept that these electronic invoices are CABOPERATOR's official invoices and you will undertake to print out the invoice yourself should you require a hard copy. In the event of payment not being received before the specified payment due date, CABOPERATOR reserves the right to immediately suspend your use of the Website and retain any stored data until payment is received in full. CABOPERATOR reserves the right to charge interest on all accounts remaining unpaid after their due date. CABOPERATOR may in its absolute discretion waive the charges but if we do so, we will not be deemed to have waived the charges on any other occasion. Should you decide to leave the service, you acknowledge that you are liable for payment of all invoices up until the date you leave.
Payment should be made to CABOPERATOR using the online payment service, to be further defined from time to time. If you choose not to use this quick and easy payment method, and instead choose to pay us using another payment method such as cheque or bank transfer, CABOPERATOR has the right to impose a levy to cover the extra administration costs. You acknowledge that if you forget your sign-in details, CABOPERATOR reserves the right to impose a levy to cover the additional administrative costs involved in administrating your sign-in details.

9. Exclusion of liability
Whilst CABOPERATOR has taken reasonable steps to ensure the accuracy, timeliness, availability correctness, fitness for purpose and completeness of the information contained on the Website, information is provided on an "as is", "as available" basis without any warranty of any kind, whether express or implied. CABOPERATOR shall not be liable for any direct, consequential, incidental damage or loss of any kind arising as a result of your use or reliance on the information contained on the Website to the maximum extent permitted by law. The use of the Website is at your sole risk. This includes but is not confined to, without limitation, any loss of business, profits, loss of contracts, interruption to business, loss of or corruption to data. In all events, no liability will be held even if CABOPERATOR had been advised of the possibility of damages. We do not represent or warrant that the Website will be available and will meet your requirements. We do not represent or warrant that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties. We do not represent or warrant that access to the Website will be free from delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for ensuring you have adequate protection and to undertake reasonable and appropriate precautions to scan for computer viruses or any other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

10. Termination
CABOPERATOR reserves the right to withdraw either the whole or part of the Website at any time, with or without notice or reason.
CABOPERATOR also reserves the right to terminate your individual use of the Website, or portion of the Website, at anytime, with or without notice or reason. You agree that should CABOPERATOR exercise its right to terminate its service to you its decision is final and you have no right to appeal. You also agree that there will be no compensation of any kind for losses or inconvenience arising out of the termination of the CABOPERATOR Website or its services.

11. Correspondence
Internet communications, including e-mails, are not secure and therefore CABOPERATOR does not accept legal responsibility for the contents of any messages. Any e-mail can be intercepted and read by others over the Internet and CABOPERATOR users should consider this before sending information via email. CABOPERATOR cannot be held liable for any breach of security. Any information sent from the CABOPERATOR server is sent at your own risk. Any views or opinions presented in our e-mails are solely those of the author and do not necessarily represent those of CABOPERATOR. Replies to CABOPERATOR e-mails may be monitored by CABOPERATOR for operational or business reasons. Around 99% of computer virus are spread through e-mails with attached files. For this reason, you agree to undertake not to send to CABOPERATOR any e-mail containing attached files or any e-mail containing linkages likely to trigger a virus. You also understand that any e-mail containing an attached file will be automatically rejected by CABOPERATOR. E-mails can only be sent using the pre-defined format set by CABOPERATOR. CABOPERATOR does not accept responsibility for any damage whatsoever that is caused by viruses being passed.

12. Other
Should there ever be any compensation paid to any CABOPERATOR user for any reason, the total amount of compensation paid will never be more than the total amount the user has paid to CABOPERATOR. The issue of compensation cannot be subject to any arbitration or jurisdiction. It is solely at the discretion of CABOPERATOR and the decision of CABOPERATOR is final. The payment of one compensation for whatever reason, at the sole discretion of CABOPERATOR, is paid on a one off basis, and this cannot be construed as a precedent for any other payment.
Any failure by CABOPERATOR to exercise or enforce any right(s) or provision(s) on any occasion(s) of the Terms shall not constitute a waiver of such right(s) or provision(s) on any other occasion(s).

 

Caboperator Limited Privacy Policy

A. Introduction
This document sets out how we handle your data. You should read it in conjunction with our Terms of Service, of which this Privacy Policy forms part. At Caboperator Limited ("CABOPERATOR"), we are committed to protecting your privacy. We recognise that your data is of a highly sensitive nature and should be kept confidential at all times. Please read on for more details on our Privacy Policy. This will explain our obligations to you and your obligations to us in relation to security and privacy issues on the CABOPERATOR Website. Please note that this Privacy Policy does not apply to the practices of companies that CABOPERATOR does not own or control, or to people that CABOPERATOR does not employ or manage. However, it does cover our treatment of any personally identifiable information that CABOPERATOR business partners may share with us.

B. Acceptance of our Privacy Policy
This Privacy Policy applies to and governs your use of our Caboperator Limited ("CABOPERATOR") web site and its services (the "Website"). Please do read through and understand our Privacy Policy carefully. References to 'you', 'your' and 'yours' are references to the person(s) accessing the Site. References to 'we', 'us' and 'our' are references to CABOPERATOR and Caboperator Limited. By using our Website, you indicate your agreement to be bound by our Privacy Policy. If you do not agree our Privacy Policy as set out below, please notify us and do not use our Website.

C. Collection and Use of your Data
We undertake that any data you upload and store is for the sole purpose of managing your business. We undertake to design our system in such a way to minimise the use of personal data. You acknowledge that CABOPERATOR has the right to scan the user database when required for administrative, advice and invoicing purposes.

D. Consent for Data Collection and Use
You must undertake to seek the express consent of all employees before entering their personal data on the CABOPERATOR servers. You will undertake to inform all those employees who consent to having their personal data stored on the CABOPERATOR servers, exactly what data will be stored, and for what purposes it is stored. You undertake not to enter any personal data onto the CABOPERATOR server relating to any employee who has expressed an objection to having his/her data stored on the CABOPERATOR server. CABOPERATOR will not be liable for the consequences of the unauthorised entry of employee personal data.

E. Disclosure of your Data
We undertake not to sell, trade or rent any personally identifiable information to others. We will send your personally identifiable information to others only if; - We have obtained your express consent to share the information. - We need to share your information to provide the service or product you have requested. - We need to send the information to others who work on behalf of CABOPERATOR to provide a service or product to you. - We find that your actions violate the terms of our Terms of Service or any of our usage guidelines. - Our company is subject to a take-over or merger in which case the information will be disclosed to the new owners on the understanding that they will protect the information and only use the information in substantially the same way as previously. - We must respond to court orders and any other legitimate request by authorities with which we must comply.

F. Reviewing your Data
You can edit your stored data at any time by signing in to your account and making the necessary changes. You can also request the deletion of your account by contacting CABOPERATOR in writing. We undertake to stop holding your data upon receiving notification in writing of the your objection. We undertake to regularly delete any data that is out of date or no longer required.

G. Protecting your Data
We undertake to adopt appropriate technical and organisational measures to protect personal data collected or stored on our Website. We are fully committed to taking all reasonable steps to protect the security and privacy of any information or data submitted to our Website. We use the latest appropriate Internet security protocol to create a protected connection between you and our servers so that your data can be confidentially sent and retrieved. Once submitted, data is stored on servers and we endeavour to use leading technologies such as, but not limited to, data encryption, firewalls and server authentication, to protect the security of your data. Proper security procedures also provide that we may request proof of identification before we will release any data to you. We undergo periodic reviews of our security policies and procedures to ensure that the CABOPERATOR systems remain realistically secure and protected. Whilst we undertake to maintain the highest possible levels of security practicable to protect data it should be realised that with any data transfer and storage there is always some risk of unauthorised access. CABOPERATOR cannot be held liable for any breach of security. Any information submitted to us is done so at your own risk.
Whilst we have security measures in place to protect your data, it remains your responsibility to keep your sign in details secret and to sign off from CABOPERATOR when you are not using it.

H. Use of IP Addresses and Cookies
IP addresses; for security purposes CABOPERATOR automatically records the IP address of your computer each time you visit our Website.
Cookies; Cookies are small text files that we can transfer to your computer through your Web browser to enable our systems to 'remember' who you are and to provide personalised features. CABOPERATOR may set and access cookies on your computer. For example, a cookie would be used if you wish your computer to recall your sign in ID each time you visit our Website. You may at any time turn off cookies in your browser. CABOPERATOR does allow other companies that have advertisements on our Website to set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies. Advertisers or other third parties do not have access to CABOPERATORs cookies.

I. Links to third party sites
Our site contains links to other web sites. CABOPERATOR is not responsible for the privacy practices, or the content, of these web sites. We recommend that you examine the privacy policies of these third party web sites to understand their procedures for collecting, using, and disclosing your information.

J. Changes to our Privacy Policy
CABOPERATOR reserves the right to change the content of this Privacy Policy at anytime without prior notice. If we decide to change our Privacy Policy, we undertake to post any changes on this page so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Therefore, you should check the Privacy Policy each and every time you access the Website.

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