| 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.
Terms and Conditions of
Use
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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