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1.
Basis of the Sale
1.1 We, Cobweb Information Ltd (Cobweb), will provide
access to the Scavenger Products (Products) to you the customer and you will
receive the Products subject to these Terms, which govern the contract between
us to the exclusion of any other terms.
1.2 'The Products' means the documents acquired via Scavenger which we are
supplying in accordance with these Terms.
1.3 'Intellectual Property Rights' means all rights in and to the Products
and associated documentation and any subsequent modifications or changes to
the Products including copyright, registered design, trade marks or similar rights,
including all renewals and extensions thereof and all rights relating to the
operation and marketing now in existence and known by us in relation to the
Products.
1.4 No variation to these Terms
shall be binding unless agreed in writing by us. 1.5 By submitting
your registration you will be deemed to have accepted these Terms. 1.6
You are responsible for ensuring that your registration is accurate and for giving
us all the information we need to complete the registration.
2.
Price of Products
2.1 In return for payment by you of the agreed
price in respect of the Products (the Fee) we will grant you a non-transferable
non-exclusive right to download the Products from the date on which we supply you
with access to the Products for a period of seven days.
2.2 Any Fees
quoted for the Products on Scavenger will be deemed to exclude any applicable
VAT unless otherwise stated.
2.3 We reserve the right, by giving notice
to you at any time, to increase Fees.
3. Customer Support
and Problem Handling
3.1 All queries and refunds are handled in
a timely manner and we strive to provide excellent customer service. Any queries
and claims for credit should be sent directly to Cobweb, and we
endeavour to respond to all complaints within five working days.
3.2
If you should have any queries or wish to request a refund, please contact the
publisher, citing the relevant order/invoice number.
Cobweb
Information Ltd
Northumbria House
Metro Riverside Park
Gateshead
NE11 9DJ
United Kingdom
Tel: +44 (0)191 461 8000
Fax: +44 (0)191 461 8001
E-mail: scavenger@cobwebinfo.com
4. Right to Use and Intellectual Property Rights
4.1 You hereby acknowledge and agree that:
4.1.1 The
Products and any Associated Documentation are the sole property of Cobweb,
and all Intellectual Property Rights shall be and remain vested in Cobweb.
4.1.2 You will effect and maintain adequate security measures to safeguard
the Intellectual Property Rights from theft and from access by any person other
than you, the registered user.
4.1.3 You will inform Cobweb immediately:
a) Should you receive information from a third party of the Intellectual
Property Rights purportedly infringing that third party's rights; and
b)
Should you become aware of a third party infringing the Intellectual Property
Rights.
4.2 You hereby acknowledge and agree that the Products are
for your own personal use or for the use of your authorised employees in the ordinary
course of your business activity. No part of these Products can be transmitted,
promoted, referred to or linked to by any other means, including by e-mail or
Internet, without the explicit prior written permission of Cobweb.
5.
Liability
5.1 Except where the Products and Associated Documentation
are supplied to a person dealing as a consumer, all warranties, conditions or
other terms implied by statute, common law, trade usage or otherwise are excluded
to the fullest extent permitted by law. In no circumstances whatsoever shall Cobweb
be responsible or liable for any loss or damage of any kind whatsoever which you
may suffer or incur directly or indirectly through the use of the Products.
5.2 Any claim by you which is based on any defect in the quality or condition
of the Products or their failure to correspond with specification shall be notified
to us within seven days from the date of access or within a reasonable time after
discovery of the defect or failure. If no such notification is received, you will
not be entitled to reject the Products or claim any refund.
5.3 Cobweb
has made every reasonable effort to ensure that the information contained within
the Products is up to date and accurate, however, it should not be taken as a
definitive guide to every area of concern, nor should it be considered sufficiently
full and accurate to cover every situation. Further information and appropriate
professional advice should be sought. Decisions should be taken in accordance
with normal business evaluation methods. While care is taken to ensure the accuracy
of the data contained with the Products, they are provided on the understanding
that no responsibility attaches to Cobweb and we shall not be liable under the
contract or otherwise for any consequential loss or damages (including without
limitation loss of contract, loss of use, loss of profit or other economic loss
and whether caused by the negligence of ourselves, our employees or agents or
otherwise) which arises out of or in connection with the supply of The Products.
6. Cancellation
No order that we have accepted
may be cancelled without our written consent and if we consent, you agree to indemnify
us against all loss and expenses (including loss of profit) incurred by us. This
does not affect your rights under any money-back guarantee which may be on offer.
7. Force Majeure
We will not be liable to you or
deemed to be in breach of contract by reason of delay or failure to perform any
of our obligations, if the delay or failure was due to any cause beyond our reasonable
control.
8. General
8.1 No waiver by us
of any breach of the contract by you shall be considered as a waiver of any subsequent
breach of the same or any other provision.
8.2 If any provision of
these Terms or any subsequent Terms we issue is held by any competent authority
to be invalid or unenforceable in whole or in part the validity of the remainder
shall not be affected.
8.3 These Terms and the contract are subject to English Law and the exclusive
jurisdiction of the English Courts.
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