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NHS Yearbook Ltd believes that the Terms and Conditions of the Licence should
be comprehensive in scope to accommodate normal commercial practice and
goodwill. Accordingly our contract and these Terms and Conditions adopt
plain English.
1. DEFINITIONS
| NHSYearbook |
NHS Yearbook Ltd |
| The
Subscriber |
Any
person, partnership, company or organisation (to include specified
subsidiaries) who purchases a Licence to access the Database. |
| The
Database |
All
or part of the list or organisations, personnel, addresses, fax phone
and e-mail details and other related data maintained by NHSYearbook on its
Internet Web Page entitled http://www.nhsdatabase.com |
| The
Data |
All
or part of the Database. |
| The
Order |
The
written confirmation, signed by an authorised signatory of the Subscriber,
received by NHSYearbook. The Order may quote and append correspondence between
parties. |
| Licence
Period |
The
period from the receipt of The Order when the Subscriber may utilise
the Data. The minimum period is normally one year. |
| User |
The
Subscriber and its staff who will have access to the Database on the
Internet. |
| User
Number |
A
unique coded reference number allocated to a Subscriber. |
| Access
Code |
A
set of passwords/numbers allowing multiple simultaneous access to
the Database in conjunction with the User Number. [Use of an Access
Code is not restricted to one individual but simultaneous access by
two or more persons attempting to use the same code is not possible] |
2. GENERAL
- The Database
is copyright to NHSYearbook
- The Data
remains the property of NHSYearbook
- Licences
are granted non-exclusively
- Breaches
in the terms of the provision of the Licence will be pursued to the
full extent of the laws of England and Wales
3. WHAT
THE SUBSCRIBER MUST DO
- He must
comply with the terms of the Data Protection Act 1984 and subsequent amendments
4. WHAT
THE SUBSCRIBER MAY DO WITH THE DATA
- He may
use the Data for his own business purposes during the licence period,
within the limits of individual users who are granted simultaneous access.
5. WHAT
THE SUBSCRIBER MAY NOT DO
- He may
not contravene any clauses in these Terms and Conditions
- He may
not assign, sell or transfer the User No and Individual Access Codes
to any third party without permission in writing from NHSYearbook. Changes in
the organisational structure or title of a Subscriber should be reported
in writing to NHSYearbook to enable its records to be updated.
6. OUR
OBLIGATION
- Should
the Database be inaccessible due to a technical problem at the nhsyearbook.com
website, and providing NHSYearbook are informed of this service interruption
in writing or e-mail within 7 days, then the licence period will be
extended to allow for service discontinuity on a day for day basis.
7. DISCLAIMER
- NHSYearbook shall
not be liable for any loss or damage arising out of the use or misuse
of the Data
- NHSYearbook's
entire liability in any case shall be limited to the price paid for
the Licence
8. PRICING
STRUCTURE AND TERMS OF PAYMENT
- The price
of the Licence will be set out in writing by NHSYearbook in advance of The Order
- Payment
terms will be set out in writing by NHSYearbook. Receipt of the full sum due
is a standard prerequisite to the despatch of User Number and Access
Codes
9. DESPATCH
OF USER NUMBERS AND INDIVIDUAL ACCESS CODES
- These
will be despatched by secure signed-for delivery
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