PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USINGTHE PLATFORM

These terms apply to the use by you of KCOM's information sharing platform ("Platform"). The Platform is operated by KCOM Group Limited ("KCOM") whose registered office is at 37 Carr Lane, Hull, HU1 3RE.

Platform use

An individual will be authorised to use the Platform if they are acting on behalf of an organisation ("Customer") that has entered into an agreement with KCOM for the provision of services.

By using the Platform, you confirm that you accept these terms of use and you agree to comply with them. By using the Platform you and the Customer agree to be bound by these terms of use and you agree that you are authorised to enter into these terms of use for and on behalf of the Customer and bind the Customer to these terms.

If you do not agree to these terms, you must not use the Platform. We recommend that you print a copy of these terms for future reference.

The Platform is intended to be a tool to view and access billing data and other Customer information. Neither the content nor use of the Platform will modify or amend the terms and conditions of any existing agreement between KCOM and the Customer for the purchase of services and will remain subject to any such existing agreement ("Services Agreement").

These terms of use refer to the following additional terms, which also apply to your use of the Platform and are incorporated by reference:

• our Privacy Policy, see https://www.kcom.com/privacy-notice/;
• our Wholesale Partner Billing Platform User Guide ("User Guide"); and
• any Service Agreement.

We may amend these terms and/or the additional terms listed above from time to time without notice. Every time you wish to use the Platform, please check these terms to ensure you understand the terms that apply at that time.

Availability

The Platform is made available free of charge.

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons or in the case of unforeseen circumstances. We will try to give you reasonable notice of any suspension or withdrawal. We do not represent that content available on or through our site is appropriate for use or that it is available outside the United Kingdom. We will not be responsible for lack of availability to the Platform.

You are responsible for ensuring that all users who access the Platform are aware of these terms of use and the User Guide and that they comply with them.

Use

KCOM grants you a non-exclusive, non-assignable and/or non-transferable, non-sub-licensable, limited right and license to view and use the information provided by KCOM on the Platform for the Customer's own internal business purposes and to bill its end user customers ("End Users") only.

You shall only use the Platform as permitted by these terms of use and you shall not:

• attempt to gain unauthorised access to the Platform or any part of it;
• obtain or attempt to obtain any information through any means not intentionally made available to you or provided for through the Platform;
• use the Platform in any manner that could damage, disable, overburden, impair, or interfere with our or any other party's use and enjoyment of the Platform;
• use the Platform for any purpose other than the Customer's own internal business use to review and access billing data;
• attempt, or permit or encourage others to attempt, to copy, dump, trace, translate, modify, alter, adapt, change, disassemble, decipher or decompile, nor create or attempt to create, by reverse engineering or otherwise, decrypt or discover the source code from the object code of the Platform or use the Platform to create a derivative work.

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, the Platform. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of any data, content, or information;
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Intellectual Property

All rights, title and interests in or to the Platform and the intellectual property rights therein, including, but not limited to: (a) any and all improvements thereto (including, but limited to modifications, changes, updates, upgrades), and (b) any and all copyrights, trademarks, patents, patent rights and proprietary marks, names and logos thereto shall at all times remain the exclusive property of KCOM or its licensor.

Limitation of Liability

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• The Platform is provided on an "as is" basis, without warranty of any kind, express or implied, including without limitation any implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Platform; or
• use of or reliance on any information displayed on the Platform.
In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss or corruption of data or information;
• loss of business opportunity, goodwill or reputation; or
• any special, indirect or consequential loss, damage, charges or expenses.
• Subject to the above, KCOM's total cumulative liability arising out of or related to these terms of use and/or use of the platform, whether in contract or tort (including negligence), or otherwise, shall not exceed ten pounds (£10).

Personal data

The following definitions shall apply to this section:

• "Controller", "Processor", "Data Subject", "Personal Data", "Personal Data Breach", processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
• "Data Protection Legislation": all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
• "UK GDPR": has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
We will only use your personal data as set out in our Privacy Policy, any Service Agreement, and these terms of use. Each party will comply with their respective obligations under all applicable Data Protection Legislation. This section is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

The Platform is "read only"; this means you will not be able to upload any Personal Data onto the Platform.

Files uploaded to the Platform by KCOM will be available for 30 days and automatically deleted thereafter. Files downloaded from the Platform by a user will automatically delete and will not be available for download by any other users.

We both agree that KCOM is a sub-Processor of your End User's Personal Data, you are the Data Processor, and your End User is the Data Controller. You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to KCOM. Personal Data processed by KCOM includes:
• Name and email address of Platform users;
• Customer name, address, account number;
• End User trading address, End User service address, telephone number of the service, call detail records, including numbers dialling and dialled and invoice numbers.
KCOM shall only process Personal Data on your written instruction, in accordance with these terms of use and in accordance with the Service Agreement, or as required by law.

KCOM shall implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing Personal Data having regard to the risk from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed. KCOM will ensure that persons (including employees) with access to Personal Data are made aware of their data protection and security obligations and keep Personal Data confidential.

If a Data Subject makes a request relating to the exercise of his or her legal rights in relation to Personal Data, KCOM will (taking into account the Customer's duty to respond to the Data Subject) co-operate as reasonably requested by the Customer to the extent necessary to enable the Customer to comply with any exercise of rights by a Data Subject under Data Protection Legislation or with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. KCOM shall have the right to charge the Customer any reasonable costs for such assistance.

KCOM will notify the Customer without undue delay on becoming aware of a Personal Data Breach.

The Platform processes Personal Data within the UK.

We are not responsible for viruses and you must not introduce them

We take all reasonable steps to ensure systems used by the Platform are not infected by viruses, however we do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.

General

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.