These terms govern the use of this website. If you are looking for the terms and conditions for BT Directories advertising products and services, please click here
Issue no 5: Date 16th April 2008
British Telecommunications Plc
In this Contract the following terms have the definitions shown next to them:
"Business Purposes"means any use of the Service other than for reasonable personal use by individuals. Business Purposes include, but are not limited to:
(a) bulk downloading or storage of Data;
(b) generating mailing or address lists for direct marketing or other marketing purposes;
(c) selling or trading in materials copied from or containing the Data.
Use of the Service for Business Purposes is permitted by purchasing BT Phone Disc, details of which are available at http://www.thephonebook.bt.com/publisha.content/en/find/disc/index.publisha.
"Contract" means these Conditions.
"Data" means the name, address, telephone number and or any information made available by a third party advertiser via the Service including information derived from OSIS.
"Member" means any user of the Service that has registered to use any additional facility available as part of the Service.
"OSIS" means the abbreviation for Operator Services Information System, the database of directory data managed by BT Wholesale Directory Services which is used to populate the Phone Book and in the provision of other services including The Phone Book Online, BT Voice Directory Enquiries and BT Phone Disc.
(a) the Phone Book – a series of printed directories consisting of approximately 168 editions each covering a distinct geographic area of the United Kingdom. Each edition contains Data relating to subscribers of telephone services arranged into a Business classified section, a Business A-Z section and a Residential A-Z section.
(b) the Phone Book Online – an online telephone directory service which includes searching by business type, business name and residential searching by name, all available without registration; searches Data in response to specific search criteria entered by You and presents results (including additional contact functionality and where applicable, links to additional content) which best match those criteria.
(c) any other facilities that We make available as part of the Service.
"We", "Our", "Us" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ, registered in England No. 1800000.
"You", "Your" means a user of the Service.
2. Provision of the service
2.1 We provide the Service to You on these terms and conditions.
2.2 We will provide the Service with the reasonable skill and care of a competent telecommunications service provider.
2.3 You accept and acknowledge that it is technically impracticable to provide a fault free Service and You accept that We do not undertake to do so.
2.4 We do not warrant that the Data is free from errors or omissions.
2.5 We may suspend the Service for operational reasons such as maintenance or because of an emergency. Before doing so We will give You as much notice as possible when the Service will be suspended.
2.6 This Service is provided solely for Your own use and You will not resell the Service (or any part or facility of it) to any third party.
2.8 Subject to 2.4 above, You accept that Data is only valid at the time that it is originally accessed via the Service. Data stored either remotely or by using any storage facility made available as part the Service may become invalid over time and You agree not to knowingly use or distribute invalid Data.
2.9 We may provide links to external internet sites via the Service and where it does so, We are not responsible for the content of such external internet sites.
3. Use of the service
3.1 You must:
(a) use all reasonable endeavours in relation to the security and confidentiality of Data that You hold or control to prevent any unauthorised disclosure of any part of it;
(b) only use or process Data for Your own internal purposes unless used on a single occasion for an individual that is Your customer;
(c) assist BT in investigating any complaint arising out of Your use of the Service or Data, and take any reasonable steps necessary to resolve the complaint as soon as practicable;
3.2 You must not:
(a) use the Service or Data in any way that does not comply with any laws and codes of practice applicable to You, including the Data Protection Act 1998 and the Code of Practice on Telecommunications Directory Information Covering the Fair Processing of Personal Data (21 December 1998);
(b) use the Service for Business Purposes except as permitted by virtue of purchasing BT Phone Disc and then only to the extent permissible under the terms of the relevant Phone Disc license;
(c) use Data in any way which was not envisaged by the subject of that Data at the time that consent for the use of that Data was given (details of the ways in which Data may be used in compliance with the Data subject’s consent are detailed in the BT Directory entitlement policy, available at http://www.thephonebook.bt.com/publisha.content/en/overview/legal/entitlement.publisha
(d) modify or merge Data with any other data;
(e) use or redistribute Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 3;
(f) distribute, publish or display Data by any means, except as permitted under paragraph 3.1(b) above;
(g) use the Service to provide commercial information for redistribution or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
(h) use the Service to issue questionnaires, reply cards or similar for the purpose of data capture or verification;
(i) permit or allow the Data to infringe or otherwise prejudice Our proprietary rights;
(j) use the Data for any unlawful purpose or purpose that is likely to bring Us into disrepute or to send any message or communication which is offensive, abusive, indecent, obscene or menacing or which In any way could be reasonably expected to cause annoyance, inconvenience or needless anxiety;
(k) export or permit the export of Data to a country which is not within the European Economic Area without the express consent of BT.
3.3 You acknowledge that there may be implications under the Data Protection Act 1998 (or any other applicable statutory or European Community data protection requirements) if individual telephone numbers are added to a database and permanently stored.
3.4 Use of any service or facility in conjunction with or accessible via the Service, will be subject to the standard terms and conditions for that service or facility.
3.5 Any views or opinions expressed by a Member whilst using the Service or any facility available via the Service, are those of the individual Member and do not represent the views or opinions of BT Plc, its parent company, any BT group company or their employees.
3.6 In using the Service or any facility made available as part of the Service, You agree not to:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
(b) Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
(c) Use other Members' personal details for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members;
(d) Submit materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others;
(e) Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by BT;
(f) Use the Service in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the website (and all related technologies); and
(g) Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
3.7 You must not use the Service or the Data provided for any purpose except in accordance with the terms and conditions set out in this Contract.
3.8 For the avoidance of doubt, the provisions of this paragraph 3 are not intended to prevent You recording any individual item of Data, or disclosing any individual item of Data, free of charge, to friends or relations for non-commercial purposes.
3.9 You will comply with all reasonable instructions which We may give from time to time regarding the use of the Service.
3.10 You hereby indemnify Us against any claims or legal proceedings which are brought or threatened against Us by a third party because the Service is used in breach of paragraph 3.2, or because the Service is faulty and cannot be used by that third party.
4. Intellectual property rights
4.1 Where software is provided to enable You to use the Service, We grant You a non-exclusive, non-transferable licence to use the software for that purpose.
4.2 You will not, without Our prior written consent, copy or (except as permitted by law) decompile or modify the software, nor copy the manuals or documentation.
4.3 You will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.
4.4 You are not entitled to use any registered or unregistered trade mark, service mark or logo belonging to Us, nor make reference to Us or any of Our products or services in any promotional or marketing advertising, communications, literature, or packaging, nor to imply or infer any association with, connection to, authority from or approval by Us.
4.5 You must not alter any copyright or other intellectual property right acknowledgement or confidentiality marking incorporated into or applied to Data or any other documentation owned by Us.
5. Intellectual property rights indemnities
5.1 We will indemnify You against all claims and proceedings arising from infringement of any intellectual property rights by reason of Our provision of the Service to You. As a condition of this indemnity You must:
(a) notify Us promptly in writing of any allegation of infringement;
(b) make no admission relating to the infringement;
(c) allow Us to conduct all negotiations and proceedings and give Us all reasonable assistance in doing so (We will pay Your reasonable expenses for such assistance); and
(d) allow Us to modify the Service, or any item provided as part of the Service, so as to avoid the infringement, provided that the modification does not materially affect the performance of the Service.
5.2 The indemnity in paragraph 5.1 does not apply to infringements caused by the use of the Service in conjunction with other equipment, software or services not supplied by Us or to infringements caused by designs or specifications made by, or on behalf of, You. You will indemnify Us against all claims, proceedings and expenses arising from such infringements
5.3 The limitations and exclusions of liability contained in paragraph 6 do not apply to this paragraph.
6. Limits of liability
6.1 We accept unlimited liability for death or personal injury resulting from our negligence.
6.2 We accept no liability for any loss whatsoever caused by or attributed to any defect or failure of the Service for whatever reason, including without limitation, the inaccuracy of any portion of the Data.
7. Matters beyond Our reasonable control
If We are unable to perform any obligation under this Contract because of a matter beyond Our reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes or acts of local or central Government or other competent authorities or events beyond the reasonable control of Our suppliers then We will have no liability to You for that failure to perform.
8. Termination of this contract or the service
We may immediately terminate this Contract or suspend the Service either temporarily or indefinitely at any time without any reference to You.
9. Change to this contract
We can change the Conditions of this Contract at any time. We will give You notice of the changes by publishing details on Our website www.bt.com.
10. Transferring this contract
You cannot transfer or try to transfer this Contract, or any part of it, to anyone else.
11. Entire agreement
This Contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.
12. Third party rights
The parties agree that the terms of this Contract are not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.
13. Applicable law
This Contract is governed by the law of England and Wales and both parties submit to the non-exclusive jurisdiction of the English Courts.