terms & conditions of use for the County Data publishing ltd website and purchase of data
This website (the website) is the website of COUNTY DATA PUBLISHING LIMITED (the COMPANY).
The COMPANY is not responsible for the information relating to the COMPANY on the Website and makes no warranty in respect of its timeliness, accuracy or availability.
By entering the Website, and/or any page accessible on it you accept, without limitation or qualification, the terms and conditions set out below (the Terms). By accessing and using the Website, you acknowledge that you are bound by the Terms. If you do not wish to be bound by the Terms you should not access or use the Website.
The COMPANY may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all the information and graphic representations or images on it (Content), are owned by, or licensed to the COMPANY. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of the COMPANY or its licensors.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Except as stated below, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content without the COMPANYs written consent. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
USING THE WEBSITE
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide the COMPANY with any optional information requested.
You agree not to:
impersonate another person or use a false name or a name you are not authorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (such as names and addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or do anything that might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes;
publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website;
obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
NO UNLAWFUL OR PROHIBITED USE
You undertake to the COMPANY that you will not use the Website for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
You agree to indemnify the COMPANY, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
SUPPLY OF DATA FILES
The COMPANY grants you a non-exclusive, non-transferable licence to access any data files emailed to you by the COMPANY in accordance with these Terms (the Data Files). Except as otherwise provided with respect to specific Data Files, the licence includes a right to download and temporarily store insubstantial portions of the Data Files (Downloadable Data Files) to a storage device under your exclusive control to:
display internally the Downloadable Data File; and
to quote and excerpt from the Downloadable Data File (appropriately cited and credited) by electronic cutting pasting or other means in your own documents and other materials whether in print or in electronic form created in the regular course of your business.
Before the COMPANY will email you any Data Files, you will need to email the COMPANY with your request and undertake to pay any invoices in accordance with these Terms.
Downloaded Data Files shall not be stored or used in an archival database or other searchable database except as expressly permitted by these Terms.
You shall not sell, license or distribute Data Files (including printouts and Downloaded Data Files) (or purport to do so) to third parties or use Data Files as a component of or as a basis for any material offered for sale, licence or distribution.
You undertake to ensure that the Data Files shall not be accessed or used by third parties other than those entitled to do so by virtue of these Terms.
You shall keep any Downloaded Data Files secure and prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data Files or any part thereof other than for the exercise of the rights granted by these Terms, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by these Terms.
If you download any Data File via the email sent to you by the COMPANY, you will not be entitled to cancel that purchase pursuant to the Consumer Protection Distance Selling Regulations 2000 as the content cannot be returned once sent. Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.
The COMPANY shall send you an invoice for each Data Files requested by you to the address you provide in your email request to the COMPANY.
The price of the chosen Data File emailed to you by the COMPANY shall be the price advertised on the Website at the time of purchase or in any additional terms and conditions and shall be exclusive of Value Added Tax. All amounts payable must be paid in full in pounds sterling (unless otherwise indicated) without any deduction or set off.
You shall pay the invoice plus VAT to the COMPANY within 30 days of the date of the invoice from the COMPANY.
If any payment is not paid on time, your payment is rejected or refused or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant service to you until payment has been received, or your credit topped up; and the COMPANY will charge you interest on the amount unpaid at a rate of 4% per annum above the base rate of Barclays Bank plc (or successor in title) or such rate as may replace it from time to time from the due date until the date of actual payment before or after judgement.
It is your responsibility to ensure that your computer system, software and hardware has the necessary technical specification to receive or use any content purchased from the Websites.
You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged by a mobile phone network operator or internet operator. These charges may not be in addition to the price of the service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.
You agree that you use the Website entirely at your own risk.
In preparing the Website, the COMPANY has endeavoured to offer current, correct and clearly expressed information. However, the COMPANY cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
The COMPANY makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on or made available through the Website for any purpose. The COMPANY expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
The Website may contain advertisements. The COMPANY is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
The COMPANY shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, even if the COMPANY has been advised of the possibility of damage.
Notwithstanding anything in these terms the COMPANY does not disclaim liability for death or injury caused by its own negligence.
The COMPANY reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
The COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, the COMPANY can not guarantee that the Website is virus-free and secure.
The COMPANY shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. The COMPANY does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
LINKS TO THIRD PARTY SITES
The Website contains links to websites operated by parties other than the COMPANY (Third Party Websites). These links are provided for your convenience. When you activate one of them, you will leave the Website. The COMPANY has no control over, and will accept no responsibility or liability in respect of, material on any website that is not under its control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without the COMPANYs written consent.
The COMPANY may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of the COMPANY preventing The COMPANY from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
The COMPANY considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
The COMPANY reserves the right to monitor and track your visits to the Website.
Unless otherwise specified, the Website is directed solely at those who access it from the United Kingdom. Those who choose to access the Website from outside of the UK are responsible for compliance with local laws if and to the extent local laws apply.
A failure or delay by the COMPANY in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and the COMPANY as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
COPYRIGHT AND TRADE MARK NOTICES:
All contents of the Website are: Copyright 2005-2012 COUNTY DATA PUBLISHING LIMITED.