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Terms and Conditions for the use of the Help for Victims Website
This document details the conditions governing the access and use of the Help for Victims website. This is a site owned and operated by PNLD, Ploughland House, 62 George Street, Wakefield, WF1 1DL. The following terms and conditions govern the use by any person (the user) of the services supplied by the PNLD (our services) and the materials and content available therein (materials) and is restricted to PNLD matter and material only and not to any Police and Crime Commissioner business or function:
RESTRICTIONS ON USE
RESTRICTIONS ON USE
1. The user is granted a non-exclusive, non-transferable, limited licence to access and use the PNLD's services and materials which are made available on the website for the purposes of:-
(i) reference, research or study;
(ii) providing professional services to clients;
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.
(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 user's web browser software. To the extent expressly permitted by applicable copyright law, the 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 our services using the downloading commands of our services or the 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.
2. Except as provided in clause 1, a user is otherwise prohibited from down-loading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using materials retrieved (or otherwise obtained) from our services.
3. All rights, title, and interest (including all copyrights and other intellectual property and all similar relevant or related rights) in our services and materials (in all forms and mediums) belong to PNLD or its third party suppliers. The user 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 user 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 to our third party suppliers either or whenever.
4. The user may not remove or obscure the copyright notice or other notices contained in materials retrieved from our services.
5. Other provisions that govern the user's use of materials are set out in the applicable price schedule provided by PNLD to the licensee, as well as 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
6. Materials may be added to or withdrawn from our services and any existing materials at any time at our discretion and our services changed without notice to the licensee, who shall not object to the same
7. The user must ensure that use of those online services and materials is only in accordance with these terms and conditions.
8. As the user is provided with access to the materials in this database free of any charge, no obligation to continue to so provide such material further is accepted by the PNLD. Such material may also be withdrawn at any time without notice to or objection by the licensee.
9. We represent and warrant that we have the right and authority to make our services and materials available pursuant to these terms and conditions.
10. PNLD makes no express warranties under this agreement that its services and materials 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 us to keep our services and materials up-to-date and the principle of "emptor " applies throughout.
LIMITATION OF LIABILITY
11. To the maximum extent permitted by law,
(b) our business associates;
(c) any officer, Trustee, employee, subcontractor , agent or successor of the PNLD or our business associates;
(d) any third party supplier of materials to the PNLD, their business associates, and any officer, director, 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 user 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 a the named parties in (a) to (d) above in connection with the performance of PNLD's services.
12. PNLD's liability to the user 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 user or the user's users caused or contributed to that loss or damage.
13. Subject to clause 12, the total liability of the parties named in (a) to (d) of clause 11 in connection with any other claim arising out of or relating to our services or materials, shall not exceed the amount of the user's actual direct damages. The user's right to monetary damages in that amount shall be in lieu of all other remedies which the user may have against any of those named parties.
14. Subject to clause 12, the parties named in (a) to (d) of clause 11 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.
15. All services and materials are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment.
16. Whilst every effort is made to keep the materials up to date, the user should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
17. These terms and conditions, including any additional terms, may be changed immediately by PNLD giving notice (either electronically or otherwise) and without PNLD seeking the agreement of the licensee to do so.
18. PNLD may suspend or discontinue providing its services without notice and pursue any other remedy legally available to it, if the user fails to comply with any of the obligations under these terms and conditions.
19. The failure of the 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.
20. 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.
21. These terms and conditions shall be governed by and construed in accordance with the laws of England.
22. 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.
23. Except for the owners of any intellectual or similar or related property or rights therein supplied by the 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.
24. 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.