Cecile Park Publishing Ltd
Terms and Conditions
Please take time to read these terms and conditions carefully. They contain important information about your rights and obligations in connection with your use of this website.
All references to "we", "our" or "us" in these terms and conditions ("Terms and Conditions") refer to Cecile Park Publishing Limited (registered office number of 02676976), whose registered office is at 141 Wardour Street, London W1F 0UT.
This website at http://www.dataguidance.com ("Website") allows you to access various resources and materials in the area of privacy and data protection including key legal and regulatory developments, case law, legislation, news, comments and analysis as well as information about relevant seminars and conferences ("Services").
1. Your Acceptance of the Terms and Conditions
(a) By using the Website, you agree to be bound by these Terms and Conditions, whether you are using the Website as a "Visitor" (by simply browsing the Website), a "Registered User" (any person who registers as a member of the Website by clicking on the "Sign Up for Alerts" button on the Website) or as a "Subscriber" (a paid subscriber of the Services by clicking on the "Purchase Access" button on the Website).
(b) The terms "you" or "Users" refer to all Visitors, Registered Users and Subscribers.
(c) If you do not agree to or abide by these Terms and Conditions, you should not visit the Website.
2. Changes to the Terms and Conditions
(a) We reserve the right to change, modify, add or remove any portion of these Terms and Conditions. We will post any changes on the Website and at the same time will send each Registered User and Subscriber an e-mail detailing such changes. Changes will be effective on the date that they are posted on the Website. Please check the Website from time to time to see if any changes to the Terms and Conditions have been made.
(b) If you do not agree with the changes, you may terminate your membership as a Registered Member or Subscriber and discontinue using the Website and/or Services. Your use or continued use of the Website and/or Services after any changes to the Terms and Conditions are posted on the Website and/or e-mailed to you will indicate your agreement to such changes.
3. Changes to our Services
We may terminate, change, suspend, or discontinue any aspect of the Services, including but not limited to content and hours of availability of the Website at any time. Such changes, modifications, additions or deletions to the Website and/or Services shall be effective immediately upon giving notice to you pursuant to paragraph 2 above. We may also impose limits on certain features and Services or restrict your access to parts of the Website.
4. Registered Users
(a) To become a Registered User you must (i) ensure that the information you submit is truthful and accurate as we are entitled to rely on any information which you submit to us and (ii) maintain the accuracy of such information;
(b) Each registration is valid for a single user only. On registration, you will choose a user name and password. We recommend that you do not select an obvious user password (such as your name).
(c) You agree to be responsible for all use of the Website made by you or someone else using your username and password and for preventing unauthorised use of your username and password.
(a) This paragraph will apply to Subscribers who subscribe for any "paid for" Services ("Subscription Services") available through this Website.
(b) Types of Subscription Services
(i) Project Plan
This allows access to the Subscription Services on an hourly, daily, weekly or monthly basis for a single user. Any unused time cannot be carried forward.
(ii) Professional Plan
This allows access to the Subscription Services on a yearly basis for single or multiple licence users.
(c) How to subscribe
To subscribe to the Project Plan and Professional Plan as a single licence user, ("Single Licence Subscriber"), you must (i) register your details on the Website and ensure that the information you submit is truthful and accurate; (ii) maintain the accuracy of your registration information; and (iii) select and pay for the Subscription Services you require through the Website.
To subscribe to the Professional Plan as a multiple licence user ("Multiple Licence Subscriber"), please contact us to enquire about your subscription requirements. Any terms of payment set out by us separately will form part of these Terms and Conditions. We will invoice you for the appropriate subscription fee separately. Please send payments to us at our address below set out in paragraph 14.
You or your organisation will be provided with a username and password once we have received your payment for the Subscription Services.
(i) The "Access Options" page (http://www.dataguidance.com/subscribe.asp) sets out the fees payable for Single Licence Subscribers. The fees payable will depend on the Subscription Service ordered by you.
(ii) The fees are payable in British Pounds Sterling, United States Dollars or Euros, depending on your country of residence. Such fees are exclusive of Value Added Tax. If you are resident outside of the European Union, we will not charge you any Value Added Tax.
(iii) You must pay the appropriate fees to subscribe as a Single Licence Subscriber through the Secure Trading system accessible on our Website before you can access the Subscription Services with the appropriate credit or debit card. We will only be able to take payments via the telephone at our discretion for monthly and yearly Single Licence Subscribers if for instance, there is technical fault with Secure Trading system.
(iv) If you are a Multiple Licence Subscriber, all invoices are payable by thirty (30) days of the invoice date by us. If you fail to pay any charges when due, we shall be entitled at our discretion to levy interest on all outstanding amounts due at a rate of two per cent above Barclays Bank plc's base rate calculated on a daily basis.
(v) In case of unauthorised payments, we reserve the right to suspend or terminate your access to the Subscription Services. If payment authorisation is not received or any authorisation is subsequently cancelled, we may immediately terminate and suspend your access to the Subscription Services.
(e) Username and password
(i) Single Licence Subscriber
You must keep your username and password confidential and must not disclose them to any other person, not even a person within your organisation. We will not permit any other person sharing your username and password made available to multiple users in your organisation. If this occurs, this will be deemed a breach of these Terms and Conditions and we will be entitled to terminate your access to the Subscription Services immediately pursuant to paragraph 8 below.
You agree to notify us immediately if you suspect any unauthorised use of your account or password. You also agree not to use the username and password of another Registered User or Subscriber at any time.
You agree to be responsible for all use of the Website made by you or someone else using your username and password and for preventing unauthorised use of your username and password.
If you believe that there has been any breach of security such as the disclosure, theft or unauthorised use of your username and password, please notify us immediately at our contact details listed in paragraph 14 below.
(ii) Multiple Licence Subscriber
We will notify you of any restrictions on the use of your username and password separately. Such user restrictions will form part of these Terms and Conditions.
(f) A contract between you and us for the Subscription Services will come into effect when payment for the Subscription Services has been authorised and received by us.
(g) The Subscription Services will be available from our Website from the moment we issue you with a username and password until we receive a notification from you pursuant to paragraph 8 below that you wish to cancel your Subscription Services or when the Subscription Services which you have paid for has reached its expiry date and you have not made a renewal.
(h) If you have subscribed to the Professional Plan, you will be notified shortly before the expiry date of the Subscription Services that you have paid for and you will be requested to make a renewal of the Subscription Services for a further term.
6. Permitted use
(a) The content on the Website, include without limitation, the text, data, software, scripts, graphics, photos, features ("Content") and the trade marks, names and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property and similar rights.
(b) We grant you a limited, revocable, non-sub-licensable licence to copy, print, reproduce, store and display the Content and Marks solely for your personal use in connection with viewing the Website and using the Services.
(c) You agree to use the Website and Services in a manner which is consistent with all applicable laws and regulations. You agree to use any Crown Copyright material accessed or received via the Website in accordance with Her Majesty's Stationery Office's Guidance Note 6 dated 27 October 1999.
7. Restriction on use of the Services
(a) You may not otherwise copy, reproduce, publish, adapt, create derivative works of, store, distribute, transmit, broadcast, publicly display, sell, license, or otherwise commercially exploit the Content and Marks appearing on the Website.
(b) You may not, without our prior written consent:
(i) remove the copyright or trade mark notice from any copies of the Content made under these Terms and Conditions;
(ii) create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content; or
(iii) frame or harvest the Content for similar purposes.
(c) You agree that you will not use the Website to transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website.
8. Cancellation or Termination
(a) Registered User
If you are a Registered User and no longer wish to receive any information or notifications from us, you may terminate your membership at any time by contacting us at our contact details set out in paragraph 14 below.
(b) Single Licence Subscriber
You may not cancel the Subscription Services paid for unless you are dissatisfied with the Subscription Services or any changes to it. If this occurs, your only right is to terminate these Terms and Conditions, which will result in termination of the Subscription Services. You can only terminate by sending a written notice to us at our contact details out in paragraph 14 below.
Notice of termination will be effective upon receipt by us. If you terminate the Subscription Services, we may at our discretion, provide you with a pro rata refund of an amount equating to the value of the proportion of the Subscription Services which you have not used or received if this exceeds £60.
(c) Multiple User Subscriber
You may cancel your Subscription Services which you have paid for at any time by contacting us in writing at our contact details set out in paragraph 14 below. The effect of cancellation of the Subscription Services would be to terminate these Terms and Conditions.
If you are dissatisfied with the Subscription Services or any changes to it; or fees paid in relation to the Subscription Services, your only right is to terminate these Terms and Conditions, which will result in termination of the Subscription Services. You can only terminate by sending a written notice to us at our contact details out in paragraph 15 below.
Notice of termination will be effective upon receipt by us. If you terminate the Subscription Services, we may at our discretion, provide you with a pro rata refund of an amount equating to the value of the proportion of your Subscription Services which you have not used or received.
(d) Our right of termination
We have the right to terminate these Terms and Conditions at any time if:
(i) we consider or reasonably suspect that your use of the Website or Services breaches these Terms and Conditions; or
(ii) you enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business.
In the event that we terminate the Terms and Conditions and your access to the Website, your user name and password will be disabled immediately if you are Registered User or Subscriber. In addition, if you have paid for any Subscription Services, the Subscription Services will no longer be available to you and you will not receive any refund for any unused Subscription Services which you have paid for up to the date of termination by us.
10. Third party websites
(a) This Website contains hyperlinks to other websites and databases, the content of which have not be authored, reviewed or vetted by us. We are not responsible for the availability of these external sites nor will we endorse nor are we responsible for the contents, products or other materials available on or through such external sites.
(b) Under no circumstances shall we be held responsible or liable, whether directly or indirectly, for any loss or damage caused or alleged to have been caused to a User in connection with the use of or reliance on any content, goods or services available on such an external third party website.
11. Exclusion of Warranty
(a) The Services should not be intended to provide, and should not be relied on as a source of, legal advice.
(b) The information and materials provided in or through this Website may not be applicable in all (or any) situations and should not be acted upon without specific legal advice based on particular circumstances. Moreover, the information and materials provided in or through this Website, including any hyperlinks, may not reflect the most current legal developments and do not necessarily indicate future developments in the field of privacy or data protection.
(c) You agree that the use of this Website is at your sole risk. Neither us, our affiliates nor any of our respective employees, agents, third party content providers or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness, availability, reliability or content of any information or Services provided through this Website.
(d) The Website is provided on an "AS-IS" and "IS AVAILABLE" basis. To the extent permitted by law, we do not make any warranties of any kind, express or implied including but not limited to warranties of title or implied warranties of merchantability, fitness for purpose, non-infringement, compatibility, security and accuracy.
(e) We do not warrant the Services will be uninterrupted or error-free, that defects will be corrected, or that the Website or server that makes it available is free of viruses or bugs.
12. Limitation of liability
(a) Nothing in these Terms and Conditions shall be construed to exclude our liability for death or personal injury to you as a result of our negligence or for fraudulent misrepresentation.
(b) Subject to paragraph 12 (a) above:
(i) if you are a Subscriber, our total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions shall be limited to the price paid for the Subscription Services pursuant to these Terms and Conditions during the 12 months preceding the date on which the claim arose; and
(ii) under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits and savings; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from your use of the Website.
You agree to indemnify and hold us, our subsidiaries and affiliates, and our respective officers, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
(a) your use of the Website in violation of these Terms and Conditions; and
(b) any other breach of these Terms and Conditions.
14. Contact us
(a) You may send any written notice to us, or address any questions you may have regarding these Terms and Conditions at Cecile Park Publishing Limited, 17, The Timber Yard, Drysdale Street, London N1 6ND or by e-mailing us at: firstname.lastname@example.org or calling us on +44 (0)20 7012 1380. Notices will be effective upon receipt by us.
(b) We may send you notice by general notice on this Website, by e-mail to your e-mail address or postal address which you register with us. Such notice will be effective if sent by e-mail or posted on the Website, immediately from the time and date it was sent or posted on the Website. If sent by first class post, it will be effective 3 working days after postage by us.
15. Force Majeure
If we are unable to perform our obligations under these Terms and Conditions because of matters beyond our reasonable control, including without limitation, fire, explosion, war, civil disorder, industrial disputes, or other disasters or governmental laws and regulations imposed, or other events beyond our reasonable control, we will not have any liability to you for our failure to perform.
Users may not assign the benefit or burden of these Terms and Conditions or any part thereof without our prior written permission.
17. Entire Agreement
These Terms and Conditions including any terms we may impose on you separately regarding your use of the Services constitutes the entire agreement between you and us regarding your use of the Website.
Our failure to exercise or enforce any right or provision in these Terms and Conditions shall not operate as a waiver of such right or provision.
If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
20. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in all disputes arising in relation to these Terms and Conditions.