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This Agreement sets out the terms and conditions under which
BuildCert Ltd (“BuildCert”) 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
BuildCert
via the internet and belonging to BuildCert. “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. BuildCert 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 BuildCert's control. |
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| 2 |
Warranty
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| 2.1 |
BuildCert 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 BuildCert 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 BuildCert 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 |
BuildCert 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 |
BuildCert 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
BuildCert, its agents or servants. |
| 3.4 |
BuildCert '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
BuildCert
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 |
BuildCert 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
BuildCert’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 |
BuildCert 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 |
BuildCert reserves the right to change the Customer's
usernames and/or passwords at any time. |
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| 6 |
Termination |
| 6.1 |
BuildCert 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
BuildCert
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, BuildCert 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 BuildCert 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
BuildCert 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 BuildCert is entitled to
delete the same. BuildCert 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 |
BuildCert 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. |
