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Terms & Conditions
Terms & Conditions
Last updated: 01 March 2011
1. ABOUT US
1.1 www.dodslegislation.com and the Services available on or via this website (together the "Website") are provided and operated by Dods Parliamentary Communications Limited ("Dods"). We are registered in England and Wales under company number 01262354 and have our registered office at 21 Dartmouth Street, London SW1H 9BP. Our VAT number is GB 792 0679 00.
1.2 The terms "we", "our" and "us" when used in these terms and conditions (the "Terms") means Dods. The terms "you" and "your" when used in these Terms means you as a user of the Website.
2. WHO CAN ACCESS AND USE THE WEBSITE
2.1 Anyone can visit the Website, however there are certain features and functionalities that only permitted users can access (ie those people who subscribe to receive access to all or some areas of the Website and/or those persons who Dods otherwise permit to use the restricted areas of the Website). In order to access the restricted areas of the Website you will need valid log-in details. Please contact Leo Carter-Smith (firstname.lastname@example.org and/or 020 7593 5653) if you would like further information on how to become a Permitted User.
3. HOW THESE TERMS APPLY TO YOU
3.1 Please read these Terms carefully before using the Website. The Terms (together with the documents referred to in them) set out the conditions on which you may make use of the Website.
3.2 By using the Website, you indicate that you accept these Terms and that you agree to abide by them. If you have any queries on these Terms we are happy to help. Please contact us at the address set out in section 19. If you have outstanding queries or do not agree to these Terms, please do not use the Website.
3.3 We reserve the right, in our sole discretion, to modify or otherwise update these Terms by posting revised and/or updated terms to the Website at any time. If you continue to use the Website following such posting you will be agreeing to be bound by such modifications or updates. We recommend therefore that you review these Terms on a regular basis. The latest date these Terms were updated is shown at the top of the page.
4. PERMITTED USERS
4.1 In order to be able to access and use the restricted features and functionalities on the Website you (or a third party acting on your behalf) must subscribe to the Website or otherwise be granted permission to use the relevant features and functionalities of the Website by Dods. In this instance, both these Terms and separate terms or guideline documents setting out additional conditions may apply. For example, you may be subject to the terms of the subscription agreement entered into by you and/or a third party granting you access to this Website ("Subscription Agreement") and may be subject to additional terms imposed by your employer etc. To the extent there is a conflict between these Terms and the Subscription Agreement, the Subscription Agreement will take precedence unless the Subscription Agreement expressly states otherwise.
5. ACCESSING OUR WEBSITE - LOG ON DETAILS
5.1 As a Permitted User, you (or your employer) will be given access details in order to be able to log on and use the Website (or the relevant parts of it). You must treat your username and password, or any other piece of information used as part of the log on procedures, as confidential, and you must not disclose it to any third party. You must only access the Website using your unique username and password. You are responsible for all activities that take place using your log in details and agree to notify us immediately if you believe there has been unauthorised use of your log in details or unauthorised access of the Website using these.
5.2 You are responsible for making all arrangements necessary for you to have access to the Website including obtaining and maintaining all telephone lines, computer hardware and other equipment needed to access the Website. You will also be responsible for all charges related to this.
6. WHO OWNS THE CONTENT ON THE WEBSITE?
6.1 Unless otherwise expressly stated, the Website and all materials that are included in or are otherwise a part of the Website, including, without limitation, graphics, artwork, text, images, audio recordings, videos, designs, software, trade marks, logos, the "look and feel" of the Website, and all other materials related to the Website (collectively, the "Content") are owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorised use, copying and distribution by copyright, trade mark, patent and other laws.
6.2 Except as is expressly provided in these Terms (see section 7), the Content may not be used, copied, reproduced, performed, displayed, modified, downloaded or distributed in any way, in whole or in part, without our express written permission. Note that in respect of some Content, additional copyright notices, information, or restrictions may be contained on the relevant part of the Website featuring the Content and you agree to accept and abide by these additional restrictions/notices also.
6.3 The Dods name and logo are trade marks of Dods. Other logos and names used on the Website may also be the trade marks of Dods. No permission is granted by us in respect of the use of any such trade marks, names or logos which appear on the Website other than as expressly set out in section 7 below.
7. HOW YOU MAY USE THE CONTENT ON OUR WEBSITE
7.1 How you may use the Content
Subject to your compliance with these Terms, and if relevant the Subscription Agreement and payment of all necessary fees, you are granted a limited, personal, non-exclusive, revocable, non-assignable and non-transferable licence to access and use the Content which you have permission to access either via a Subscription Agreement or from Dods for internal business purposes only.
7.2 Restrictions on use of Content
The rights granted under section 7 are not transferable and no other use of the Content may be made without first obtaining our written permission. In particular, you must not do the following without our prior written permission:-
7.2.1 use, copy, publish, transfer, distribute, disclose, sell, charge or in any way reproduce, exploit, store, copy or sell any part of the Content for external and/or commercial purposes nor make the Content available to any third parties for any purpose whatsoever;
7.2.2 perform, broadcast or otherwise transmit, post or incorporate any Content in any other work, broadcast or publication, whether in hard copy or electronic form, nor include it in any public or private electronic retrieval system or service or otherwise make it available to the public/third parties; or
7.2.3 modify the Content and/or copies of any Content you have printed off or downloaded in any way and you must keep intact all trade mark, copyright and other proprietary notices contained in the Content.
7.3 If the relevant Subscription Agreement under which you have the right to access Content terminates or expires and/or you cease to have permission from Dods to access Content (eg as a result of a change in employer etc) then your right to use the Website will cease immediately and you must, at our option, return, delete or destroy any copies of the Content you have made and on request certify to us that you have complied with this section.
7.4 If you print off, copy, use or download any part of the Website in breach of these Terms or the Subscription Agreement, your right to use the Website will cease immediately and you must, at our option, return, delete or destroy any copies of the Content you have made and on request certify to us that you have complied with this section.
7.5 If you wish to make any use of the Content save as expressly permitted in these Terms, please contact Azadeh Pak (email@example.com and/or 020 7593 5690) with details of your request and we will consider and may respond to your request.
8. INFORMATION ABOUT CONTENT YOU SUBMIT TO THIS WEBSITE
8.1 There may be certain features on the Website which allow you to submit content to the Website (including comments sections). Whenever you make use of a feature that allows you to submit material to the Website you must comply with these Terms and our acceptable use policy set out in section 9 below.
8.2 Any content you post on the Website will be considered non-confidential and non-proprietary. By posting content (i.e. comments on legislation or communicating with us or other users on or via the Website) you are granting to us the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sublicense, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your content for any purpose whatsoever in all formats; on or through any media, now known or hereafter developed. Except as prohibited by law, you waive any moral rights you may have in any content you submit (and agree that you have obtained waivers of all applicable moral rights). If you do not wish to grant such rights to us, then please do not submit any content.
8.3 You agree and acknowledge that we do not pre-screen the content you (and other users) submit but have the right (though not the obligation) to review, monitor and moderate that content and we may, in our sole discretion, delete, move, re-format, edit, alter, remove or refuse to exploit content submitted by users without notice or liability including if in our opinion the content does not comply with the acceptable use policy at section 9. We do not guarantee that content posted on the Website by users will be maintained on the Website by us for any period of time.
8.4 You agree you are responsible for evaluating and bearing any risks associated with the use of content submitted by users. We do not endorse the content submitted by users and we will not be responsible, or liable to you or any third party, for the content, use of or accuracy of any content posted by you or any other user of the Website.
8.5 We have the right to disclose your identity to any third party (including relevant law enforcement authorities/agencies) in the event of a claim that any material posted by you to the Website constitutes a violation of intellectual property rights or any other rights, or breaches applicable law.
9. ACCEPTABLE USE POLICY
9.1 You must comply with the spirit of the acceptable use policy set out in this section 9 as well as the letter.
9.2 Content submitted by you must:
9.2.1 be your own work (ie your own comments);
9.2.2 be accurate (where you purport to state facts) and if you are stating an opinion that opinion should be genuinely held;
9.2.3 be relevant to the Website (i.e. relate to the relevant legislation); and
9.2.4 comply with applicable law in the UK and in any country from which you are posting.
9.3 Content submitted by you must not:
9.3.1 contain any material which is defamatory of any person;
9.3.2 contain any material that is explicit, obscene, offensive, hateful or inflammatory or which promotes violence;
9.3.3 promote discrimination including based on race, sex, religion, nationality or age;
9.3.4 be threatening nor abuse or invade another's privacy, or cause annoyance, inconvenience or anxiety;
9.3.5 be likely to harass, upset, embarrass, alarm or annoy any other person;
9.3.6 be knowingly false or misleading;
9.3.7 infringe any copyright, privacy right or other right of any other person (for example please do not upload someone else's personal information etc);
9.3.8 be likely to deceive any person, including that you should not misrepresent your identity or affiliation with any person;
9.3.9 be in breach of any duty owed to a third party, such as a contractual duty or a duty of confidence;
9.3.10 promote any illegal activity nor advocate, promote or assist any unlawful act.
9.4 You are only allowed to use the Website for lawful purposes. You must not use it:
9.4.1 in any way that breaches any applicable law or regulation;
9.4.2 in any way that is unlawful or fraudulent, or has such a purpose or effect;
9.4.3 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (also known as "spam");
9.4.4 to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code or material which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware.
9.5 You agree not to access without authority, interfere with, damage or disrupt:
9.5.1 any part of our Website or any equipment or network on which our Website is stored;
9.5.2 any software used in the provision of our Website; or
9.5.3 any equipment or network or software owned or used by any third party connected or used in relation to our Website.
9.6 By breaching this section 9, you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
10. MISUSE OF THE WEBSITE - REPORTING, SUSPENSION AND TERMINATION OF ACCESS
10.1 We are keen to keep the Website free from harmful or illegal material and material that is in breach of these Terms. If you become aware of misuse of the Website, please contact us, using the contact information at section 19 below.
10.2 We may take all steps we believe reasonably necessary to ensure these Terms and any Subscription Agreement are being complied with. We may investigate all actions which we suspect breach these Terms and any Subscription Agreement.
10.3 We will determine, in our reasonable discretion, whether there has been a breach of these Terms or the Subscription Agreement. When we believe a breach has occurred, we may take all or any of the following actions:
10.3.1 issue of a warning to you;
10.3.2 immediate, temporary or permanent withdrawal of your right to use the Website and/or the services available via the Website;
10.3.3 immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
10.3.4 legal action against you;
10.3.5 disclosure of information to law enforcement authorities as we reasonably feel is necessary. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
11.1 Whilst we use reasonable endeavours to maintain the security of the Website, you acknowledge that the Internet may be subject to breaches of security and you should be aware that when you submit content it may not be secure, and you should consider this before submitting any information to us and/or this Website.
12. OUR LIABILITY TO YOU
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
12.1 Whilst we try to ensure the Website is normally available 24 hours a day, we will not be liable to you if for any reason the Website is unavailable at any time or for any period. For example, access may be suspended without notice in the case of updating the Website, carrying out maintenance or in circumstances beyond our control. We reserve the right to withdraw or amend any part of the Website and/or any feature/service we provide on the Website without notice (on a temporary or permanent basis). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.
12.2 We use reasonable endeavours to ensure the Website and the Content displayed on the Website is error free and up to date. However we do not represent or warrant that the Website or the features on it will be uninterrupted, error-free, up to date nor that the Website is free from harmful components including without limitation viruses. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
12.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Website, or by anyone who may be informed of any of its contents.
12.4 To the extent permitted by law we hereby expressly exclude:
12.4.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
12.4.2 any liability for any loss or damage caused by Dods or any of its employees or agents in circumstances where:
(a) there has been no breach of a legal duty of care which is owed by Dods or any of its employees or agents; and/or (b) the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
12.4.3 any liability for the following loss or damage incurred by you in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it:-
(a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of, damage to or corruption of data; (f) loss of opportunity or goodwill; and (g) indirect, special and/or consequential loss
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 12.5 In the event we cannot exclude our liability to you as set out in this section 12 and we are liable to you under these Terms in no event will our total liability in aggregate in any calendar year to you exceed £50.
12.6 These Terms are not intended to and do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
13. LINKING TO OUR WEBSITE
13.1 You may link to the Website home page only and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You agree you will not establish a link:
13.1.1 in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part where none exists; and/or
13.1.2 from any website that is not owned by you. You may not otherwise link to, or frame, our Website without consent.
13.2 We reserve the right to withdraw linking permission without notice.
14. LINKS FROM OUR WEBSITE
15. WRITTEN COMMUNICATION Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
16. NOTICES All notices given by you to us must be given to Dods Parliamentary Communications Limited at 21 Dartmouth Street, London SW1H 9BP We will give notice to you at either the e-mail or postal address you provide to us as part of the registration process/log in process. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
17. JURISDICTION AND APPLICABLE LAW
17.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of the Website.
17.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
18.1 These Terms and the documents referred to in them (including the Subscription Agreement (if applicable)), constitute the entire agreement and understanding between us relating to the use of the Website and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such.
18.2 A person who is not a party to these terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
18.3 If for any reason any part of these Terms is deemed unenforceable by a competent authority, then that part of the Terms will be deleted and this will not affect the validity or enforceability of the remaining Terms.
18.4 Any waiver by us of the breach of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision.
19. QUESTIONS OR QUERIES?
19.1 If you have any queries at all regarding the Website or these Terms, please do not hesitate to contact us via e-mail at firstname.lastname@example.org, via phone at 020 7593 5677 or via post at Dods Parliamentary Communications Limited, 21 Dartmouth Street, London SW1H 9BP and we will be more than happy to assist you.