Terms and Conditions
(1) Introduction
The following terms are used:
- SUBSCRIBER: the individual who will download and unzip Sutherland Tables files
- PUBLICATION: Sutherland Tables Files.
- DEVELOPER: Sutherland Tables
These terms and conditions govern the subscriber’s use of the Sutherland Tables publication; by subscribing to the tables, the subscriber accepts these terms and conditions in full. If a subscriber disagrees with these terms and conditions or any part of these terms and conditions, the subscriber must not use the publication.
(2) These terms and conditions
These terms and conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.
(3) Licence to use Sutherland Tables Publication
Unless otherwise stated, the developer or developer’s licensors own the intellectual property rights in the publications and material contained therein. Subject to the licence below, all these intellectual property rights are reserved. Subscribers may download publications from the website for their own personal or their organisations use, subject to the restrictions set out below and elsewhere in these terms and conditions.
- a) Publications are available at a charge. The charge is dependent on the intended use of the publication
- b) The developer is not liable in any way due to wrong usage of this software.
- c) Subscribers wishing to duplicate the software for training purposes are liable for a training fee
- d) Subscribers wishing to use the software for promotional purposes are liable for a license fee
- e) Subscribers wishing to use the software on their website are liable for a license fee
Subscribers must not:
- a) republish material contained within publications (unless training license has been purchased);
- b) sell, rent or sub-license material from the publications;
- c) show any material from the publications in public (unless appropriate license has been purchased);
- d) reproduce, duplicate, copy or otherwise exploit material from the publications for a commercial purpose (unless appropriate license has been purchased);
- e) edit or otherwise modify any material in the publications;
- f) redistribute material from publications (unless training license has been purchased).
Where content is specifically made available for redistribution, it may only be redistributed within the subscriber’s organisation.
- a) Subscribers who have aided the compilation of publications are entitled to a free copy of the publication;
- b) However GENERAL TERMS of this license applies with regards license and training fees
(4) Acceptable use
Subscribers must not use publications in any way that causes, or may cause, damage to the publication or impairment of the availability or accessibility of the publications; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Subscribers must not use publications to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Subscribers must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to publications without developer’s express written consent.
Subscribers must not use publications for any purposes related to marketing without developer’s express written consent.
(5) Subscriber provided content
In these terms and conditions, “subscriber provided content” means material (including without limitation text, images, audio material, video material and audio-visual material) that subscribers submit for inclusion in publications, for whatever purpose. Such subscribers grant to the developer a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute subscriber provided content in any existing or future media. Such subscribers also grant the developer the right to sub-license these rights, and the right to bring an action for infringement of these rights. Subscriber provided content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against subscriber or developer or a third party (in each case under any applicable law). Subscribers must not submit any content to publications that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. The developer reserves the right to edit or remove any material submitted to publications.
(6) Limited warranties
Whilst reasonable steps have been taken to ensure that the information contained within the Sutherland Tables publications is correct, subscribers should be aware that the information contained within it may be incomplete, inaccurate or may have become out of date. Accordingly, Sutherland Tables make no warranties or representations of any kind as to the content of its publications or its accuracy and, to the maximum extent permitted by law, accept no liability whatsoever for the same including, without limit, for direct, indirect or consequential loss, business interruption, loss of profits, production, contracts, goodwill or anticipated savings. Any person making use of publications does so at their own risk [and it is recommended that they seek professional advice from their own adviser whenever appropriate]. Nothing in this publication is intended to be or should be interpreted as an endorsement of, or recommendation for, any supplier, service or product. Sutherland Tables shall not be liable for any loss or damage sustained as a result of downloading, using or relying on the links, downloads or software contained within the Sutherland Tables website. To the maximum extent permitted by applicable law Sutherland Tables exclude all representations, warranties and conditions relating to publications and the use of publications (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
Nothing in these terms and conditions will:
- (a) limit or exclude developers or subscribers liability for death or personal injury resulting from negligence;
- (b) limit or exclude developers or subscribers liability for fraud or fraudulent misrepresentation;
- (c) limit any of developers or subscribers liabilities in any way that is not permitted under applicable law;
- (d) exclude any of developers or subscribers liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
- (a) are subject to the preceding paragraph; and
- (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that publications are provided free-of-charge, Sutherland Tables will not be liable for any loss or damage of any nature. Sutherland Tables will not be liable to subscribers in respect of any losses arising out of any event or events beyond Sutherland Tables reasonable control. Sutherland Tables will not be liable to subscribers in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Sutherland Tables will not be liable to subscribers in respect of any loss or corruption of any data, database or software. Sutherland Tables will not be liable to subscribers in respect of any special, indirect or consequential loss or damage.
(8) Indemnity
Subscribers hereby indemnify Sutherland Tables and undertake to keep Sutherland Tables indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sutherland Tables to a third party in settlement of a claim or dispute on the advice of Sutherland Tables legal advisers) incurred or suffered by Sutherland Tables arising out of any breach by subscriber(s) of any provision of these terms and conditions, or arising out of any claim that subscriber have breached any provision of these terms and conditions.
(9) Breaches of these terms and conditions
Without prejudice to Sutherland Tables other rights under these terms and conditions, if a subscriber breaches these terms and conditions in any way, Sutherland Tables may take such action as deemed appropriate to deal with the breach, including suspending subscriber access to the publication, prohibiting subscribers from accessing the publications, and/or bringing court proceedings against subscriber.
(10) Variation
Sutherland tables may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of publications from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
(11) Assignment
Sutherland Tables may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying subscribers or obtaining subscriber consent. Subscribers may not transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions.
(12) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(13) Exclusion of third party rights
These terms and conditions are for the benefit of subscribers and Sutherland Tables, and are not intended to benefit any third party or be enforceable by any third party. The exercise of subscribers and Sutherland Tables rights in relation to these terms and conditions is not subject to the consent of any third party. (14) Entire agreement These terms and conditions, together with our privacy policy, constitute the entire agreement between subscriber and Sutherland Tables in relation to subscriber use of publications, and supersede all previous agreements in respect of subscriber use of publications.
(15) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with UK & RoI law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of UK and RoI.
(16) Our details
The full name of our company is Sutherland Tables. Our address is 4 Kingsberry Park, Belfast, BT6 0HT. You can contact us by email to info@sutherlandtables.co.uk