Terms & Conditions
1. Application of terms and conditions
These Conditions shall apply to all and any of the Services accessed and/or used by the Subscriber and supersede any previous terms and conditions that may have existed in relation to the Databases. The Special Conditions which apply to a particular database or service are contained as a schedule in the Contract with the Subscriber.
2. The Databases
2.1. The Databases are subscribed to by the Subscriber in accordance with these Conditions by the Subscriber accessing and/or using the Databases.
2.2. The Databases and the Materials are made available to the Subscriber by subscribing to the Databases which form part of PNLD’s platform, which is continually amended and updated. Accordingly, PNLD reserves the right to amend programs, Materials, information and facilities of which the Databases comprises from time to time at its discretion, provided that any such changes will not substantially diminish the quality of the Databases.
2.3. PNLD shall use commercially reasonable endeavours to ensure that the Databases will, (subject to other terms of these Conditions) be available during normal business hours.
2.4. PNLD undertakes to use commercially reasonable endeavours to ensure that the Databases are as accurate as is commercially possible and that any material inaccuracies or errors will be corrected as soon as possible.
2.5. If the Subscriber wishes to vary its Contract by changing the number of the databases it subscribes to, it must give PNLD no less than 6 months written notice of their desire to do so, such notice period to end on 31st March of any given year, and such variation in the Contract must be recorded in writing by way of a Contract Change Notice (incorporating, where appropriate, the standard Special Conditions for the relevant new Database subscribed to) and the Subscription Charges will be amended accordingly in line with the Pricing Schedule.
3. Use of the Services
3.1. The Subscriber shall use the Services solely for the purposes of the Subscriber’s principal business. The Subscriber shall not otherwise than with the prior written consent of PNLD use, store, download, sell, redistribute or deal with the Databases or the Materials in any manner, or for any other purpose.
3.2. The Subscriber shall be liable, notwithstanding any other remedies PNLD may have against the Subscriber including termination of their Subscription, to indemnify PNLD for any loss PNLD suffers and/or to reimburse PNLD for the gain the Subscriber obtains in contravention of this Clause.
3.3. The Subscriber is responsible for all access to and use of the Databases by means of any username and password given to it by PNLD even if the Subscriber did not know of or authorise such access or use.
3.4. The Subscriber shall have appropriate internal processes in place to make sure the End User(s) is/are aware of and comply with the terms set out in the appendix to these Conditions with such terms to be included in any internal procedures for computer use and misuse.
3.5. The Subscriber acknowledges that use of the Services requires the End Users to use their own skill and judgement. The Subscriber warrants that the End Users have such skill and judgement and undertakes at all times to exercise their own judgement in use of the Services and shall be solely liable for all opinions, recommendations, forecasts or comments made or actions taken.
3.6. Except for the data on the system that is referred to in clause 6.2 below, the Subscriber shall faithfully reproduce or, if omitted, add the copyright symbol and clause of PNLD as follows: “© PNLD ALL RIGHTS RESERVED” to all information obtained from the Services or by use of the Services on all copies (authorised or otherwise) made whether in printed form, magnetic or any other media. For the data referred to in clause 6.2 below, the appropriate acknowledgement should be made.
3.7. Other than with the prior written consent of PNLD the Subscriber is expressly prohibited from using or redistributing the Services for the purposes of:
3.7.1. compiling an internal database
3.7.2. commercial information redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
3.7.3. permitting or allowing the Services to infringe or otherwise prejudice the proprietary rights of PNLD.
4. Helpdesk and Support Facilities
4.1. Technical Database Malfunctions
4.1.1. In the event that the Subscriber experiences a technical problem, for example, a malfunction or a complete collapse of the Databases, the following procedure should be followed by the Subscriber.
4.1.2. At first instance, the Subscriber should contact their own IT department to ascertain if the problems experienced are internal or not.
4.1.3. Where the difficulties experienced are not as a result of an internal problem and the Subscriber is unable to gain access to the Databases through their own intranet, the Subscriber may contact PNLD directly by:-
Phone: 01924 294038
The above facilities are staffed Monday to Friday (excluding bank holidays) during normal business hours.
4.1.4. If the loss of access by the Subscriber to the Databases is due to a problem within PNLD, PNLD will use commercially reasonable endeavours to initiate disaster recovery procedures with the target of resolving the issues within twenty-four hours.
4.2. Database Content Issues
In the event of an issue or problem with the content of the Databases, the Subscriber may contact PNLD directly by:-
Phone: 01924 294038
The above facilities are staffed Monday to Friday (excluding bank holidays) during normal business hours.
5. Subscription Charges
5.1. The Subscriber shall pay to PNLD the Subscription Charges which will be invoiced to the Subscriber annually on or around the 1st April and will incorporate an annual increase in line with inflation. Additionally, the Pricing Schedule may be varied from time to time by PNLD giving to the Subscriber written notice, such notice to be given at least 60 days prior to any change save in exceptional circumstances.
5.2. Subscription Charges shall be payable within 30 days of receipt of PNLD’s invoice therefore.
5.3. PNLD reserves the right to charge interest on overdue invoices at the rate of 4% per cent over Barclays Bank base rate from the due date until the total invoice sum has been paid.
6. Copyright, Trade Marks and Other Intellectual Property Rights relating to the Databases
6.1. The Subscriber acknowledges that any and all of the copyright, trade-marks, and other intellectual property rights subsisting in or used in connection with the Services, the manner in which they are presented or appear and all information, documentation and manuals relating thereto are the property of PNLD and the Subscriber shall not during or at any time after the termination of their Subscription in any way question or dispute the ownership by PNLD.
6.2.The only exceptions to clause 6.1 above are Crown Copyright material and standard offence wordings (together known as “Government Material”). Crown Copyright material is reproduced under Open Government Licence and Open Parliament Licence. Standard Offence Wordings and the database of Offence Codes are jointly owned by PNLD and the Ministry of Justice. In regard to the Government Material, the Subscriber must not use, reproduce or amend any material unless it is open source material.
6.3. The Subscriber shall not during or after termination of their Subscription, without the prior written consent of PNLD to the extent only permitted by the applicable law, abuse or permit the abuse of such copyright or use or adopt any trade mark, trade name, or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, trade name or commercial designation used by PNLD.
6.4. The Subscriber acknowledges that PNLD has spent, and continues to spend, considerable time and resources on the selection and arrangement of the Services as an original intellectual creation.
6.5. In addition to PNLD’s copyright specified above, the Subscriber acknowledges that PNLD has spent considerable time and resources to collect, collate, compile, reformat and verify the accuracy of the contents of the Services. Accordingly, PNLD owns copyright in the contents of the Services except where the contrary is stated in these Conditions.
6.6. Infringement of the Databases
The Subscriber undertakes not to reproduce, adapt, translate, arrange or make available to any third-party, either directly or indirectly, any part of any of the Services (including any electronic materials necessary for its operation) except to the extent that and for so long as the Subscriber is expressly permitted to do so in accordance with their Subscription, or as permitted by any mandatory provisions of law.
6.7. Unauthorised Extraction and Re-utilisation
Notwithstanding the provisions of 6.5 above and irrespective of whether or not copyright in the Databases is owned by PNLD, the Subscriber shall not, other than as expressly permitted by their Subscription, extract or re-utilise the contents of the Services (or any part thereof) for any commercial purpose including but not limited to trading, building commercial databases, reselling or redistributing the Services.
6.8. The Subscriber acknowledges that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the Services (including any electronic materials referred to in 6.5 above), and that any such infringement by the Subscriber may result in incalculable damage and/or loss to PNLD, and accordingly agrees that, in addition to any other right or remedy of PNLD, PNLD shall be entitled to immediate injunctive relief to restrain any actual or apprehended infringement thereof. The Subscriber undertakes to indemnify PNLD in full, against all loss, damage, costs and expenses (including loss of profit) which may be incurred by PNLD by reason of any such infringement by the Subscriber.
7. Limited Warranty
7.1. PNLD represent and warrant that it has the right and authority to make the Services available pursuant to these General Conditions.
7.2. PNLD makes no express warranties under this agreement that its Services are or will be complete or free from errors or omissions or that information will at all or at any time or times continue to be available to PNLD to enable it to keep the Services up-to-date and the principle of "emptor " applies throughout.
8. Limitation of liability
8.1. In regard to the Government Material, PNLD make no representation or warranty regarding its accuracy and shall be under no circumstances whatever liable to the Subscriber, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of profit, any damage to property or any indirect, economic or consequential loss arising in connection with the Government Material.
8.2. In regard to the monthly extract of new and amended standard offence wordings which is produced by PNLD and can be downloaded from the 15th of every month and the extract of all live offences which is produced by PNLD each quarter, it is the Subscriber’s responsibility to ensure that these are downloaded as soon as they become available and PNLD does not accept any liability for any action taken by the Subscriber or on its behalf if these extracts have not been downloaded and implemented onto the Subscriber’s systems.
8.3. In regard to all of the Materials, PNLD shall not be liable in contract or otherwise for any indirect, special or consequential loss or damage or loss of profits, turnover or business opportunities (whether direct or indirect) and/or damage to goodwill sustained by the Subscriber or others directly or indirectly making use of the Databases, and in each case, even if PNLD was aware of the possibility of such loss or damage but only excludes the same to the extent permitted by the law.
8.4. In addition, to the maximum extent permitted by law, PNLD shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
8.4.1. any errors in or omissions from the Services available and not included therein;
8.4.2. the unavailability or interruption to the supply of the Services;
8.4.3. an End User's use or misuse of the Services (irrespective of whether the End User received any assistance from PNLD);
8.4.4. the use of any equipment in connection with the Services;
8.4.5. the content of the Materials;
8.4.6. any delay or failure in performance beyond the reasonable control of PNLD;
8.4.7. any negligence of PNLD in connection with the performance of Services.
8.5. All Services are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement.
8.6. Whilst every effort is made to keep the Materials up to date, the Subscriber and/or its End Users should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
8.7. Unless otherwise excluded pursuant to the foregoing provisions of this Clause, the liability of PNLD in contract or otherwise for any direct, indirect or consequential loss or damage (excluding death or personal injury) sustained by the Subscriber or others directly or indirectly making use of or arising in any way from the Services whether arising as a result of PNLD’s negligence, wilful default, misrepresentation or other breach or breaches of its duties or obligations, shall be limited to the total Subscription Charges payable by the Subscriber in respect of the Services in the relevant year.
9.1. The Subscriber undertakes fully and effectively to indemnify and keep indemnified at all times PNLD against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by PNLD directly or indirectly in respect of:
9.1.1. the access to and/or use (other than as permitted by their Subscription) by the Subscriber of the Services;
9.1.2. any information, data or material produced by the Subscriber in whole or in part from the Services;
9.1.3. any breach by the Subscriber of any of the provisions of their Subscription.
9.2. The Subscriber further undertakes that it will not seek to recover and shall not be entitled to recover from PNLD or to be indemnified by PNLD in respect of any direct, indirect or consequential loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained, incurred or paid by the Subscriber to any party in respect of any of the matters specified in this Subscription other than as required by the applicable law.
10.1. The Contract shall be determined by effluxion of time or by formal notice being given to by one party to the other in accordance with the Contract.
10.2. Notwithstanding clause 10.1 above, and without prejudice to any other rights such party serving notice may have, either party may forthwith terminate the Subscription by written notice to the other if the other party commits any breach of the terms or conditions of the Subscription and fails to remedy such breach (or in so far as such breach is not capable of remedy to furnish adequate compensation therefore within thirty (30) days after receiving written notice from the party requiring it so to do.
10.3. Termination of the Subscription shall be without prejudice to any accrued rights of either party and shall not affect obligations which are expressed not to be affected by termination hereof.
10.4. The Subscriber undertakes that within seven (7) days after the date of termination of the Subscription for whatever reason, the Subscriber shall purge/expunge from the Subscriber’s system any/all data transferred and/or stored during the Subscription from any of the Databases and furnish PNLD with a certificate, certifying that the principal and all copies of such data made (in whole or in part), in any form or media have been so purged/expunged, or permit PNLD’s personnel so to do.
11. Force Majeure
11.1. PNLD shall not be liable to the other in any way whatsoever for failure, interruption, delay or any other matters of the nature whatsoever arising out of war, rebellion, civil commotion, strikes, lock-outs and industrial disputes, fire, explosion, earthquake, acts of God, flood, drought or bad weather, acts of war (declared or undeclared), terrorism, the failure of the Databases or the or problems associated with transmission or access by/to the Databases; the unavailability of material, information or data for or to update the Databases or the requisitioning or other act or order by any government department, council or other constituted body.
12.1. All notices to or by the respective parties hereto shall be in writing either:-
E mailed, or,
Posted by registered or first class mail.
13.1. The Subscriber shall not, without the prior written consent of PNLD, assign or transfer their Subscription or any of its rights under this Subscription to any other person, firm, company or police force.
14.1. Failure or neglect by PNLD to enforce at any time any of the provisions hereof shall not be construed nor deemed to be a waiver of PNLD’s rights hereunder nor in any way affect the validity of the whole or any part of these Conditions or the Special Conditions nor prejudice PNLD’s rights to take subsequent action.
15.1. In the event that any or any part of the Conditions or any schedule attached or adopted as relative hereto shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.1. The obligations set out in clauses 3, 6 and 8 of these Conditions shall remain in force notwithstanding termination of the Subscription.
17.1. These Conditions and the Special Conditions shall be governed and construed in all respects in accordance with English Law.
End User Terms and Conditions for use of databases provided by PNLD
Please be advised that the material of some parts of the databases may contain offensive language and sexually explicit expressions. They are only used where it is absolutely necessary to maintain accuracy.
This document details the conditions governing the access and use of an End User of the databases, services and products supplied by the PNLD (“the Services”) and the materials and content available therein (“the Materials”).
An End User means members of the police force or employees of the organisation who register to access or use the databases or in the case that the Subscriber is an individual, the Subscriber him/herself.
The Subscriber means a police force, organisation or individual who have paid a subscription for the use of the databases pursuant to the Contract.
RESTRICTIONS ON USE
1. Subject to any extra terms which may apply to specific materials, the End User is granted a non-exclusive, non-transferable, non-sublicensable, limited licence to access and use the Services and Materials which are made available on the website for the purposes of:-
a. reference, research or study;
b. providing professional services to clients;
c. providing academic services to students;
d. the provision of forms of wording used to build criminal charges.
2. The licence is subject to the following:
a. the right to electronically display materials from the Services is limited to the display of the Materials primarily to one person at a time.
b. the right to obtain a printout of materials is limited to a printout of a reasonable portion of them obtained by using the normal printing commands of the Services or the End User's web browser software. To the extent expressly permitted by applicable copyright law, the End User may make copies of the printouts and distribute such printouts and copies (but only for the use(s) as limited, defined and set out above) and electronic/screen mode only and;
c. the right to retrieve and store electronic copies of materials is limited to the retrieval of a single copy of a reasonable portion of the materials included in any individual file of the Services using the downloading commands of the Services or the End User's web browser software. Storage of that copy in a readable form is limited to 60 days and must unless otherwise agreed by PNLD be for one person's exclusive use.
3. Except as provided in paragraph 1, an End User is otherwise prohibited from down-loading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using materials retrieved (or otherwise obtained) from the Services.
4. All rights, title, and interest (including all copyrights and other intellectual property and all similar relevant or related rights) in the Services and Materials (in all forms and mediums) belong to PNLD (the legal entity of which is the Police and Crime Commissioner for West Yorkshire) or its third party suppliers. The End User acquires no ownership of copyright or other intellectual property rights or proprietary interest in the Services, Materials, or copies thereof. Except as provided in this licence, the End User may not use the Services or Materials retrieved from the Services in any fashion that infringes the copyright or proprietary interests belonging to PNLD or its third party suppliers either or whenever.
5. The End User may not remove or obscure the copyright notice or other notices contained in materials retrieved from the Services.
6. Other provisions that govern the End User's use of materials are set out in any extra or additional terms for the use of specific materials and any other online or other notices set out, created or provided by PNLD.
ACCESS TO SERVICES
7. The End User must ensure that use of the Services and Materials is only in accordance with these terms and conditions and any operating specifications provided by PNLD.
8. The End User must ensure that any username or password is kept strictly confidential.
9. The End User acknowledges that an End User’s username and password may restrict the End User from accessing certain Materials otherwise available from PNLD.
10. The End User must not make copies of the Materials for anyone else without the consent of PNLD.
11. The End User must not modify the Materials or make any alterations, additions or amendments thereof without PNLD’s consent including, but not limited to, the Standard Offence Wording.
12. The End User must not create any derivative works from the Services and Materials.
13. The End User understands that PNLD has the right to enforce any infringement of the copyright and/or other rights in relation to the Services or Materials against any End User jointly and severally from the Subscriber so that the End User may be liable to indemnify PNLD for any loss PNLD suffers and/or to reimburse PNLD for the gain the End User obtains in contravention of these terms.
14. PNLD may suspend or discontinue providing its services without notice and pursue any other remedy legally available to it, if the End User fails to comply with any of the obligations under these terms and conditions.
15. PNLD will use personal information collected about the End User for the purposes of:
a. providing access to and use of the Services to the End Users;
b. providing customer support, billing and other similar activities related to the Service; and
c. keeping the End Users informed about products, services, offers and upcoming events and to improve the Services.
16. The failure of the PNLD to enforce any provision in this agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
17. The user may not assign his or her rights or delegate his or her duties under these terms and conditions or any additional terms with the prior written consent of PNLD.
18. Any liability that PNLD has shall be to the Subscriber in accordance with the contract between them. PNLD shall have no liability towards an End User except where the End User is also the Subscriber.