contractors of a Bizzyline Group
Company who need to know the
information) without the
Customer's consent.
6.2 This paragraph 6 will not apply to:
(a) any information which has
been published other than
through a breach of this
Contract;
(b) information lawfully in the
possession of the recipient
before the disclosure under
this Contract took place;
(c) information obtained from a
third party who is free to
disclose it;
(d) information which a party is
requested to disclose and if it
did not could be required by
law to do so; or
(e) information which has been
reduced by Bizzyline to
anonymous, non-personal form
before disclosure.
6.3 This paragraph 6 will remain in
effect for 2 years after the
termination of this Contract.
7. LIMITATION OF LIABILITY
7.1 Bizzyline accepts unlimited
liability for death or personal
injury resulting from its
negligence and paragraphs 7.2
and 7.3 do not apply to such
liability.
7.2 Bizzyline is not liable to the
Customer, either in contract, tort
(including negligence) or
otherwise for direct or indirect
11 Conditions for Bizzyline (Direct) Ltd, Issue 1, 5 July 2001
Using SMS ~ 2nd Edition ~ 18th July ~ 3662
(e) other than in accordance with
the acceptable use policies of
any connected networks.
5.6 If the Customer, an Authorised
User or anyone else, with or
without the Customer's
knowledge or approval, uses the
Service in contravention of
paragraphs 5.1, 5.2, 5.3, 5.4 or 5.5.
Bizzyline may treat the
contravention as a material breach
of this Contract which cannot be
remedied for the purposes of
paragraph 10.
5.7 The Customer must indemnify
Bizzyline against any claims or
legal proceedings which are
brought or threatened against
Bizzyline by a third party because:
(a) the Ser vice is used in breach
of the provisions of this
paragraph 5;
or
(b) the Service is faulty or cannot
be used by that third party.
Bizzyline will notify the Customer
of any such claims or proceedings
and keep the Customer informed
as to the progress of such claims
or proceedings.
6. CONFIDENTIALITY
6.1 Bizzyline will keep in confidence
any information provided to it by
the Customer when registering for
the Service or otherwise under
this Contract and will not disclose
that information to any person
(other than its employees,
contractors, or professional
advisers, or the employees or