Internet Terms of Use
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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Hours of Service
- 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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Warranty
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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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Limitation of Liability
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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.
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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.
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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.
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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.
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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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Restrictions on Use
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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.
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The Service is to be used solely by the Customer and its employees for its own internal
business purposes.
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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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Access Control
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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.
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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.
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WRc reserves the right to change the Customer's usernames and/or passwords at any
time.
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Termination
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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.
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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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Customer Indeminity
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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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Copyright
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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.
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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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Links
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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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Jurisdiction and Law
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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.
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This Agreement does not affect your statutory rights.