Terms and Conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site and eCops Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

This software is not available to individual consumers, only to businesses or government departments.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  • “Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
  • “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
  • “eBay User” means any person or party who accesses any page on any eBay site, including, without limitation, eBay.co.uk;
  • “eBay User Data” means any eBay User or customer information that is included in the Content, or that you receive through the Service, regarding eBay Users or their trading activities;
  • “Free Content” means any Content that is accessible without the payment of a Subscription Fee;
  • “eCops Limited” means eCops Limited, 12 Littleworth Road, Esher, Surrey KT10 9PD;
  • “Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
  • “Service” means collectively any online facilities, tools, services or information that eCops Limited makes available through the Web Site either now or in the future;
  • “Subscription Fee” means the sum of money paid by Users at annual or monthly intervals to keep their Account active and to enable them to access Paid Content;
  • “Subscription Period” means the period for which a subscription has been purchased and may refer to annual or monthly periods.
  • “System” means any online communications infrastructure that eCops Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
  • “User” / “Users” means any third party that accesses the Web Site and is not employed by eCops Limited and acting in the course of their employment; and
  • “Web Site” means the website that you are currently using www.ecopsapp.com and any sub-domains of this site.

2. Intellectual Property

  1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of eCops Limited, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  2. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3. Use of Free Content

  1. You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for government law enforcement or commercial purposes only. Specifically you agree that:
    1. you will not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by eCops Limited

4. Use of Paid Content

  1. Payment of a Subscription Fee grants you a licence to use all Paid Content on the Web Site for the duration of your subscription. You may use such Content in the following ways:
    1. for law enforcement purposes; and
    2. for commercial purposes

5. eBay User Data

  1. You may eBay User Data only for one or both of the two purposes below:
    1. solely for the purpose of and in connection with the prevention or detection of crime and the apprehension or prosecution of offenders (as provided under Section 29(1) (a) and (b) and Section 29 (3) (a) and (b) of the Data Protection Act 1998); or
    2. solely for the purpose of and in connection with legal proceedings (including prospective legal proceedings) or for the purpose of obtaining legal advice in respect of any unlawful activity (as provided under Section 35 of the Data Protection Act 1998).
  2. You shall, at all times, comply with all applicable data protection legislation, including, without limitation, the Data Protection Act 1998.
  3. You shall take reasonable steps to ensure the reliability of any of your personnel who may have access to the eBay User Data.

6. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of eCops Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.ecopsapp.com without prior permission.

9. Use of Communications Facilities

  1. When using any System on the Web Site you should do so in accordance with the following rules:
    1. you must not use obscene or vulgar language;
    2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    3. no Content that is intended to promote or incite violence;
    4. it is advised that posts on message boards, chat facilities or similar and communications with eCops Limited are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
    5. you must not post links to other web sites containing any of the above types of Content;
    6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
    7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
    8. you must not impersonate other people, particularly employees and representatives of eCops Limited or our affiliates; and
    9. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
  2. You acknowledge that eCops Limited reserves the right to monitor any and all communications made to us or using our System.

10. Accounts

  1. In order to access Paid Content on this Web Site and to use the facilities you are required to create a User Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:
    1. all information you submit is accurate and truthful; and
    2. you will keep this information accurate and up-to-date.
    Your creation of an Account is further affirmation of your representation and warranty.
  2. Sharing of user accounts is not permitted unless expressly authorised in writing by eCops Limited. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  3. Account holders may without written permission from eCops Limited create Group memberships with Usernames and passwords for individuals within their own organisation (e.g. the same company) and without payment. This permission does not extend to membership of any affiliated groups or affiliated organisations.
  4. Group members may access our site and undertake activity on the authority of the account holder. Limitations of use apply to the usages of the Account holder combined with any Group member usages. The Account holder’s Subscription expiry date will also apply to any Group memberships.
  5. Group members are bound by the same Terms & Conditions and Privacy Policies as the Account holder. The Account holder accepts sole responsibility for their Group member’s activities.
  6. The re-selling of any Material on our site is strictly prohibited.
  7. Account holders and Group members may save search results to dossiers for subsequent retrieval. Search results should to be retrievable for 3 months following the creation of the data after which the data will be purged. Account holders and Group members accept responsibility for saving any data for retrieval on their own computer systems.
  8. The terms on which eBay offers us a licence may be found via this eBay link http://developer.ebay.com/join/licenses/individual/ and the terms on which Google offer us a service may be found via this Google link http://code.google.com/apis/maps/terms.html. You agree to abide by eBay and Google’s privacy policies and their conditions of use. The Material obtained by you via our site may only be obtained or used in a manner that complies with our licence with eBay and the services offered to us by Google.
  9. When choosing or creating a Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Subscriptions

  1. The Subscription charge you pay is dependent on the subscription level you have chosen.
  2. Irrespective of the subscription level you have chosen one search is calculated as 100 search results or part thereof. Searches that produce more than 100 results are calculated as one search per multiple of 100 search results or part thereof.
  3. Subscription charges commence on the date that you activate your subscription. Your credit card or debit card or bank account or PayPal account will be billed on activation. Any recurring subscriptions may be taken at periods elected by the User e.g. monthly or annually.
  4. Your first payment will be at the price advertised on the Web Site. eCops Limited reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
    1. increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
    2. decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
    For further information on subscriptions and pricing, please visit our Subscriptions page.
  5. You will continue to have access to the Paid Content during your Subscription Period until the renewal date. If you reach or exceed your maximum number of searches you may continue to access to your account but perform no further searches.
  6. You may reactivate your ability to perform searches by renewing your account and paying a new Subscription Fee. A new Subscription Period commences on the date you pay the Subscription Fee.
  7. You may choose to upgrade your account at any time and pay a new Subscription Fee. Your new Subscription Period commences on the date your account is upgraded, any unused searches from your previous account will be carried forward to your upgraded account. It is not possible to downgrade your account.
  8. If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
  9. If you have subscribed in error you must inform eCops Limited within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.

12. Termination

  1. Either eCops Limited or you may terminate your account and (where relevant) your subscription. If eCops Limited terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  2. If eCops Limited terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
  3. If eCops Limited terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period, multiplied by the number of days remaining until the end of the Subscription Period and searches performed to date charged at one UK pound per search.
  4. If eCops Limited terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
  5. If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 10.3 but be unable to perform any further searches via the site.

13. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

14. Disclaimers

  1. eCops Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
  2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, eCops Limited makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
  3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
  4. Commercial use of the information on this Web Site is permitted, however eCops Limited makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
  5. Whilst every effort has been made to ensure that all descriptions of services available from eCops Limited correspond to the actual services available, eCops Limited is not responsible for any variations from these descriptions.

15. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

eCops Limited accepts no liability for any disruption or non-availability of the Web Site resulting from internal or external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

16. Limitation of Liability

  1. For all direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, eCops Limited accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.
  2. These Terms and Conditions exclude eCops Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of eCops Limited.
  3. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

17. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to mail@ecopsapp.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20. Law and Jurisdiction

These Terms and Conditions and the relationship between you and eCops Limited shall be governed by and construed in accordance with the Law of England and Wales and Scotland and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.