Terms and conditions
Company Searches Terms and Conditions of use
Each category of data comprising the Databases is maintained and updated at intervals appropriate to that category, in accordance with good data management practice. Company Searches will add to, augment, modify, improve, replace or withdraw any part of the Databases or functionalities from time to time in the course of Company Searches normal service development and will announce material changes to the Databases or functionalities available through the Company Searches Services on the services themselves.
1. "You", "Company Searches" And The Terms That Apply
(a) In these Terms and Conditions, "You" means the person whose name and address have been provided to Company Searches ("Company Searches") for billing purposes and who has been provided with a user name and password ("Your Identity") for use with Company Searches Services. Either You or Company Searches may revoke Your Identity, to terminate your use of Company Searches Services, at any time by notice to the other by post or via this site. If Company Searches Services are accessed by using Your Identity, You will be deemed to have authorised that access, on the basis of the Terms & Conditions prevailing at that time.
(b) These Terms and Conditions will apply to every access to Company Searches Services by means of Your Identity, but Company Searches reserves the right to issue revisions to this Agreement by publishing a revised version of this document on this site: that version will then apply to all use by You following the date of publication. Each purchase from the Company Searches range of services will be a separate, discrete transaction based on the then prevailing terms.
2. Copyright And Database Licence
(a) Company Searches warrants and You accept that Company Searches is, or is duly licensed by, the owner of the copyright in the Databases available to You from time to time through Company Searches Sevices ("the Databases"). Company Searches and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
(b) Company Searches grants You a non-exclusive, non-transferable licence to use the Databases, subject to these Terms and Conditions. The Databases may be used only for viewing information or for extracting information to the extent described in Clause 3 below. You may not under any circumstances adapt or circumvent the functioning of the Company Searches software, nor access, use or modify the Databases other than through the normal operation of the functionalities provided. Any attempt to access, use or modify the Databases in an unauthorised manner, whether successful or not, will be treated as a criminal offence and referred to the police and relevant service providers.
3. Customer Covenants
You covenant and undertake that You will:
(a) interpret the information obtained from the Databases in accordance with the definitions and elsewhere explanations of terms which are provided in "User Documentation", available from the Help Menu, and on-screen displays and output.
(b) treat as strictly private and confidential all information to which you have access through the Company Searches Services and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
(c) maintain strict security of access to the Company Searches Services, keeping Your Identity confidential. If you suspect Your Identity has been obtained by another person, You must notify Company Searches immediately by telephone and in writing. Company Searches will promptly disable Your Identity after which You will cease to be liable for any further charges raised with it.
(d) use information obtained from the Company Searches Services only for your own private use or the internal purposes of your business, provided that is not the selling or brokering of information, and in no event cause or permit to be published, printed, downloaded, transmitted or reproduced in any form any part of the Databases (whether directly or in condensed, selective or tabulated form) whether for resale or redistribution or otherwise.
PROVIDED THAT You may on an occasional limited basis download or print out individual records of businesses which have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine readable or hard-copy form, as may be reasonable for these purposes only. Nothing herein shall authorise You to create any database, directory or hard copy publication of or from the Databases, whether for internal or external distribution or use.
4. Accounting & Charges
(a) Company Searches reserves the right to charge users a registration fee as a condition of issuing or periodically renewing an Identity, but its normal practice will be to charge only for actual access and use and to enable Your Identity for that purpose on an indefinite basis, although Company Searches will regularly review and remove inactive or late paying accounts.
(b) Company Searches reserves the right to require payment in advance of each access, and may require your credit card details as a condition of granting credit, but its normal practice will be to grant You credit up to an undisclosed limit, which Company Searches will fix and review from time to time as it sees fit, and invoice You in arrears.
(c) Where credit is given, Company Searches reserves the right to invoice You immediately following each use of a Company Searches Service, but its normal practice will be to aggregate your purchases over a monthly or other period and charge you for that period's use on one invoice.
(d) You will pay Company Searches charges for use of Company Searches Services at the rates recorded by Company Searches Price Schedule immediately on receipt of Company Searches invoices. Payment must be in sterling, net of any currency, transaction or other charges. You must pay any VAT and any other taxes Company Searches believes relevant, which will be added to all invoices. If You can demonstrate that VAT is not payable on exports to your jurisdiction Company Searches will remit the VAT element of your payment and re-issue the invoice. If any invoice remains unpaid for more than ten days after the date it was delivered, Company Searches reserves the right to charge You interest accruing daily at 12 % p.a. and any additional reasonable costs of collection which Company Searches incurs and to withdraw Your Identity and licence to use Company Searches Services.
5. Liability
(a) Company Searches operates the highest quality standards known in the industry, but no database of such size and complexity should claim always to be entirely error free and data can be corrupted in the course of transmission to You. You are therefore advised to use information from Company Searches Services with caution and not to base important business decisions on Company Searches information alone, without independent verification. Company Searches and its contractors and contributors make no representation or warranty and assume no contractual responsibility to you or any other party as to the accuracy or currency of any information obtained from Company Searches Services. Company Searches and its contractors and contributors accept no liability for any direct loss or damage, other than that arising from the malicious act or gross negligence of any of them or their employees, or for any indirect or consequential loss or damage howsoever arising, which is attributable to any error or omission in the Databases or defect in the functionalities provided by the Company Searches software. However, Company Searches do not seek to limit their liability for death or personal injury caused by their negligence.
b) In the event that a judgement be awarded against Company Searches in respect of any matter arising out of or under this Agreement (other than in the case of direct loss or damage, or death or personal injury as above) Company Searches maximum liability to You or anyone claiming through You, whether in tort or contract, arising out of any one incident will be limited to a total sum of £2,000 or to the total value of all your Company Searches Services purchases over the 12 months preceding settlement of the claim, whichever is the greater.
(c) By their very nature, some of the facts or opinions You receive from Company Searches Services may be open to dispute, particularly by the subject company or its directors, or considered damaging or defamatory. If You breach the Customer Covenants contained in Clause 2 above, You agree to indemnify in full Company Searches, and its contractors and contributors against all liabilities, claims, costs and expenses which any of them may incur as a result.
6. General
(a) These Terms and Conditions, the Price Schedule and the Customer Account and Identity details exchanged between You and Company Searches constitute the entire Agreement between You and Company Searches as to your use of Company Searches Services. No other spoken or written statement will be treated as part of our Agreement unless set out in a formal written amendment signed by both You and Company Searches.
(b) The terms and conditions of this Agreement are severable and, if any one or more of them is held to be illegal or invalid, the remainder shall continue in full force and effect.
(c) This Agreement and the licence granted may not be assigned or sublet by You without Company Searches written consent in advance.
(d) You undertake to comply with the requirements of the Data Protection Act 1984 as may be amended from time to time and any subsequent relevant legislation in relation to any data derived from the Databases. Company Searches may restrict your use or disclosure of personal data following your purchase as Company Searches may consider reasonable to ensure compliance with the legislation or good standards of practice prevailing in any relevant jurisdiction.
(e) This Agreement shall be governed, construed and enforced in accordance with English Law and both parties hereby submit to the non-exclusive jurisdiction of the English courts.
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