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WRc plc
INTERNET TERMS OF USE |
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This Agreement sets out the terms and conditions
under which WRc plc (“WRc”) of Frankland Road, Blagrove,
Swindon, Wiltshire, SN5 8YF, UK will provide access to the Service
to the Customer. If you do not agree to these terms and conditions
please do not access or use this Service. They may be changed at
any time and the Customer is responsible for reviewing them regularly.
“Service” shall mean all information or databases made
available by WRc via the internet and belonging to WRc. “Customer”
shall mean the individual or organisation who has signed the related
order form or who has indicated acceptance of the Agreement by electronic
means.
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| 1 |
Hours of Service |
| 1.1 |
The Service will normally be available on a non-guaranteed
basis 24 hours a day. WRc reserves the right to temporarily suspend
the Service without notice in order to modify or otherwise change
or upgrade the Service, or for reasons beyond WRc's control. |
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| 2 |
Warranty |
| 2.1 |
WRc warrants that all reasonable care has been taken
to ensure the accuracy and completeness of the Service, and the quality
of the Service. All other warranties with respect to the Service,
whether express or implied are excluded to the extent permitted by
law, including but not limited to any warranty of freedom from errors
or omissions or fitness for any particular purpose. |
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| 3 |
Limitation of Liability |
| 3.1 |
The Customer accepts that WRc shall in no circumstances
be liable to the Customer for any loss or damage arising from any
faults or delays in the provision of the Service. Neither shall WRc
be liable for any inaccuracies or omissions in the Service or for
any decisions taken by the Customer and based on the Service. |
| 3.2 |
WRc shall not be liable for any indirect or consequential
loss (including without limitation loss of profits, goodwill or data)
suffered by the Customer and arising in any way in connection with
this Agreement, whether or not such loss has been previously discussed
by the parties. |
| 3.3 |
WRc shall not be liable for any loss suffered by the
Customer or for any liability of the Customer to any third party unless
such damage is caused by the negligence of WRc, its agents or servants. |
| 3.4 |
WRc 's aggregate maximum liability to the Customer
in respect of any loss whether such claim arises in contract or in
tort shall not exceed a sum equal to the annual subscription fee or
if no annual fee is applicable, to the total fee agreed for the Service. |
| 3.5 |
The Customer agrees that it is in a better position
to foresee and evaluate any loss it may suffer in connection with
this Agreement and that the fees payable to WRc for the service have
been calculated on the basis of the limitations and exclusions of
liability in this Agreement and that the Customer will effect any
such insurance as it deems suitable having regard to its particular
circumstances and the terms of this Agreement. |
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| 4 |
Restrictions on Use |
| 4.1 |
WRc grants to the Customer a non-exclusive, non-transferable
licence to gain access to the Service and to download the information
contained therein for personal use only. No other copying or storage
in any retrieval system for any other purpose is permitted without
WRc’s prior written permission. |
| 4.2 |
The Service is to be used solely by the Customer and
its employees for its own internal business purposes. |
| 4.3 |
The Customer shall not copy, communicate or disseminate
the Service in whole or part to any other party, including any subsidiary,
associate or branch of the Customer, by any means whatsoever. |
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| 5 |
Access Control |
| 5.1 |
WRc shall allocate to the Customer any necessary usernames
and/or passwords which control access to the Service. Only those usernames
and/or passwords may be used by the Customer to access the Service. |
| 5.2 |
Where level of usage determines fees payable, or is
agreed to be limited to a certain level, the Customer shall pay for
all usage which accrues under usernames and passwords allocated to
the Customer. Responsibility for limiting usage to a certain level
remains with the Customer. |
| 5.3 |
WRc reserves the right to change the Customer's usernames
and/or passwords at any time. |
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| 6 |
Termination |
| 6.1 |
WRc may terminate this Agreement immediately on written
notice if an agreement between the provider of one or more of the
database(s) forming part of the Service and WRc is terminated, or
in the event of any breach by the Customer of any of the user conditions,
including payment and, in particular, those relating to the content
of material posted by users. |
| 6.2 |
Except where the Customer has breached any of the user
conditions, WRc shall on termination promptly make a pro rata refund
to the Customer of any monies paid by the Customer for the Service
for a period which has not expired. |
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| 7 |
Customer Indemnity |
| 7.1 |
The Customer agrees to hold WRc harmless and fully
indemnified against any claims, costs, damages, loss and liabilities
arising as a result of any breach of the Customer’s obligations
under this Agreement or as a result of misuse of the Service. |
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| 8 |
Copyright |
| 8.1 |
Subject to any third party rights, copyright in the
Service and all associated documentation belongs exclusively to WRc
and the Customer will acquire no rights thereto. The Customer may
only download or reproduce the material for internal use if it maintains
all copyright and other notices. |
| 8.2 |
Customer shall not upload to the Service any content
which is in breach of copyright, defamatory, obscene, pornographic
or otherwise violates any law and WRc is entitled to delete the same.
WRc does not have a policy of reviewing material which appears in
open forums and the Customer shall be responsible for any such uploaded
material. |
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| 9 |
Links |
| 9.1 |
WRc is not responsible for the content of any third
party website nor liable for any reliance placed by the Customer on
any information in any third party web site to which the Service links. |
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| 10 |
Jurisdiction and Law |
| 10.1 |
This Agreement shall be governed by the laws of England
and users are granted access subject to their acceptance of the application
of English law to govern matters relating to this web site. |
| 10.2 |
This Agreement does not affect your statutory rights. |
