Terms & Conditions
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This Licence Agreement is between PNLD and the individual or organisation to whom PNLD have agreed to supply their services (the licensee). The following terms and conditions govern the licensee's use of the services supplied by PNLD (our services) and the materials and content available therein (materials):
RESTRICTIONS ON USE
Subject to any extra terms which may apply to specific materials, the licensee is granted a non-exclusive, non-transferable, limited licence to access and use PNLD's services and materials which are made available to the licensee for the purposes of
(i) research or study;
(ii) providing professional services to clients;
(iii) providing academic services to students;
(iv) the provision of forms of wording used to build criminal charges.
1. The licence is subject to the following:
(a) The right to electronically display materials from our services is limited to the display of such materials primarily to one person at a time (subject to any extra terms for specific materials);
(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 our services or the licensee's web browser software. To the extent expressly permitted by applicable copyright law (and not further limited by any extra terms for specific materials) the licensee may make copies of the print outs and distribute such printouts and copies; 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 our services using the downloading commands of our services or the licensee's web browser software. Storage of that copy in a readable form is limited to six months and must primarily be for one person's exclusive use (subject to any extra terms for specific materials).
2. Except as provided in clause 1, the licensee is otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using materials retrieved from our services.
3. All rights, titles, and interest (including all copyrights and other intellectual property rights) in our services and materials (in both print and electronic forms) belong to PNLD or their third party suppliers. The licensee acquires no ownership of copyright or other intellectual property rights or proprietary interest in our services, materials, or copies thereof. Except as provided in this licence, the licensee may not use the services or materials retrieved from our services in any fashion that infringes the copyright or proprietary interests belonging to us or our third party suppliers.
4. The licensee may not remove or obscure the copyright notice or other notices contained in materials retrieved from our services.
5. Other provisions that govern the licensee's use of materials are set out in the applicable price schedule, any extra terms for the use of specific materials and any other online notices.
ACCESS TO SERVICES
6. Only licensee's employees and support personnel (users) authorised by both PNLD and the licensee shall be entitled to access and use our services and materials. The licensee's request for our services is subject to acceptance by PNLD and will be confirmed by the issue of a username and password to the user or users.
7. A user's username and password may restrict the user from accessing certain materials otherwise available from PNLD.
8. Materials may be added or withdrawn from our services and our services changed without notice.
9. The licensee must ensure that each person having access to our services and materials:
(a) is a user; and
(b) is using those online services and materials only in accordance with these terms and conditions.
10. Where the licensee is provided with access to materials free of any charge, no obligation to continue to provide such material is accepted by PNLD. Such material may be withdrawn at any time without notice.
11. Authorised use of the legal database is granted on the basis of the details provided by the applicant. Any misrepresentation of these details in order to gain reduced subscriptions is a criminal offence and will result in positive action and immediate withdrawal of the facility.
12. We represent and warrant that we have the right and authority to make our services and materials available pursuant to these terms and conditions.
13. Whilst PNLD endeavours to provide the best possible service and materials, it makes no express warranties under this agreement that its services and materials are or will be complete or free from errors or that information will continue to be available to us to enable us to keep our services and materials up-to-date.
LIMITATION OF LIABILITY
14. To the maximum extent permitted by law,
(b) our business associates;
(c) any officer, trustee, employee, subcontractor, agent or successor of PNLD or our business associates;
(d) any third party supplier of materials to PNLD, their business associates, and any officer, trustee, employee, subcontractor, agent or successor of any third party supplier of materials or any of their business associates,
shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
(i) any errors in or omissions from our services or any materials available and not included therein;
(ii) the unavailability or interruption to the supply of our services or materials;
(iii) A user's use or misuse of our services or materials (irrespective of whether the user or licensee received any assistance from any of the named parties in (a) to (d) above);
(iv) The use of any equipment in connection with our services;
(v) the content of materials;
(vi) any delay or failure in performance beyond the reasonable control of the named parties in (a) to (d) above;
(vii) any negligence of the named parties in (a) to (d) above in connection with the performance of PNLD's obligations under this agreement.
15. PNLD's liability to the licensee for breach of any condition or warranty implied under any law (which cannot be lawfully modified or excluded by this agreement) shall be limited to supplying PNLD's services or materials again or paying for their re-supply (the choice being that of PNLD). Any liability for loss or damage by negligence or of any other kind is reduced to the extent that the licensee or the licensee's users caused or contributed to that loss or damage.
16. Subject to clause 14, the total liability of the parties named in (a) to (d) of clause 14 in connection with any other claim arising out of or relating to our services or materials, shall not exceed the amount of the licensee's actual direct damages. The licensee's right to monetary damages in that amount shall be in lieu of all other remedies which the licensee may have against any of those named parties.
17. Subject to clause 14, the parties named in (a) to (d) of clause 14 shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with our services, materials, or the failure of any of those named parties to perform its obligations, regardless of any negligence of any such party.
18. The materials are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement.
19. Whilst every effort is made to keep the materials up to date, the licensee or a user should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
20. Any username and password issued by PNLD to a user or a group of users is confidential to that user or those users. If we suspect that any username and password is being used by someone other than the user or group of users, that username and password may be cancelled.
21. These terms and conditions, including any additional terms, may be changed immediately by PNLD giving notice or by written agreement. Charges and payment terms may be changed in accordance with the applicable price schedule.
This Agreement continues for the term of the licence.
(i) In the case of a 'day pass', it will be necessary to pay for a new day pass after the expiry of 24 hours;
(ii) In the case of an online subscription, prior to the end of the subscription period term, PNLD will electronically warn the licensee of the need to renew the subscription.
22. PNLD may suspend or discontinue providing its services without notice and pursue any other remedy legally available to it, if the licensee fails to comply with any of the obligations under these terms and conditions, or any additional terms.
23. Except as otherwise provided herein, all notices and other communications to the licensee shall be in writing or displayed electronically in our services. Notices to the licensee shall be deemed to have been properly given on the date posted (if posted) or on the date first made available (if displayed in our services) or on the date received, if delivered in any other manner.
24. The failure of PNLD or any third party supplier of materials 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.
25. The licensee may not assign any rights or delegate any duties under these terms and conditions or any additional terms without the PNLD's prior written consent.
26. These terms and conditions and any additional terms shall be governed by and construed in accordance with the laws of England.
27. Any third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
28. PNLD will use personal information collected about the licensee and users for the purposes of
(a) providing access to and use of our services to users;
(b) providing customer support, billing and other similar activities related to our services, and
(c) keeping the licensee and users informed about products, services, offers and upcoming events and to improve our services. If you do not wish to receive information about products, services, offers and events, please notify PNLD in writing.
Personal information will not be sent to any other organisation.
29. Except for the owners of any intellectual property supplied by PNLD, no third parties shall acquire any rights under this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
30. In any case where a reference is made to PNLD in a document or publication which is not the intellectual property of PNLD, whether on line or otherwise, the permission of PNLD will be required.
31. Individuals subscribing for 12 months must give one month's notice in writing to terminate their contract. If a termination notice is not received, the subscriber will be deemed to have renewed his/her contract for the following 12 months and will be liable to pay PNLD the appropriate rate for the full period.
32. The subscription for individuals who have subscribed to a day ticket will automatically expire at the end of 24 hours without further notice.