AdviserNet subscribers must agree to the following general terms and conditions for Citizens Advice Electronic Information Service (AdviserNet)
Preliminary
The following terms and conditions apply to all customers subscribing to the service currently known as “AdviserNet”.
Definitions
- “Citizens Advice” means The National Association of Citizens Advice Bureaux a company limited by guarantee registered in England under no: 1436945 or any successor in the supply of the Service
- “Customer” means any person, organisation, association or partnership who or which has agreed to subscribe to the Service
- “Licence” means the Licence to use and access the Service and Materials granted under these Terms
- “Materials” means the database and content made available electronically through the Service or contained in any publication provided as part of the Service
- “Service” means the Service currently known as “AdviserNet” made available by Citizens Advice to Customers by the supply of CD-ROMS as extended or amended by any written agreement between Citizens Advice and the Customer
- “Terms” means these general terms and conditions as amended or extended by any express written agreement between Citizens Advice and the Customer
Licence
Citizens Advice grants the Customer a non-exclusive, non-transferable limited Licence to access and use the Service and Materials for the purpose only of:-
- research; or
- for its own internal business purposes only as an incidental part of providing advisory services subject to the restrictions set out below.
The Licence will come into effect on delivery to the Customer of an appropriate invoice from Citizens Advice.
Restrictions
All intellectual property rights in the Materials and the Service are the property of Citizens Advice or its licensors. The Customer is permitted to display Materials and to print and download extracts from the Materials for the Customer’s own use for the purposes specified above only. The Customer will not otherwise copy, display, make available or store or provide to any third party any of the Materials, whether on a website, the internet or an intranet or in any other matter whatever or create any derivative work from the Materials.
The Customer will not alter, modify, delete or deface any Material or Citizens Advice’s copyright and trademark notices attaching to the Material or Services.
The Customer will not and will not attempt to decompile, disassemble, reverse engineer or use (other than as part of the Service as permitted under these Terms) any software or computer program involved in the provision of the Service.
User Limitations
The Customer’s use of the Services is limited to the maximum number of users agreed with Citizens Advice from time to time and the Customer will not exceed such maximum. For a single user computer or workstation not attached to a network server, each computer or work station in which the Service or any of the Materials is either loaded in memory or virtual memory (“Loaded”) or stored on a hard disk or other storage device (“Stored”) is treated as a user for this purpose. For single user computers or workstations attached to a network (“Network Station”), the number of users is the maximum number of Network Stations in which the Service or any part of the Materials is stored or which have access to the Service. When the Service is available on a multi-user system, computer or server each terminal on the system or attached to the server concurrently accessing or using the Service is treated as a separate user.
Continuance of Service
Citizens Advice expects (but shall not be under any obligation) to revise and update the Materials including (where appropriate) providing replacement CD-ROMS.
Citizens Advice undertakes that it has the right to make the Service and Materials available on these Terms, provided that the Customer has not contravened the terms of this licence, nor behaved in a manner, which in the opinion of the Chief Executive of Citizens Advice, could bring Citizens Advice or the Citizens Advice Bureau service into disrepute.
Customer’s Option to Terminate
The Customer may cease its subscription within one month of first becoming entitled to access the Service by notice in writing given to Citizens Advice and return of any CD-ROMS supplied by Citizens Advice as part of the Service. The Customer’s Licence to access the Service and access or use the Materials for any purpose whatsoever, shall thereupon cease and Citizens Advice will make a full refund of any sums already paid by way of subscription for the Service.
Subscription Fees
- Subscriptions for the Service shall be payable annually in advance within 30 days of the issue date shown on the relevant invoice delivered to the Customer.
- The Customer may renew the Licence for further periods of 12 months (or such other period as Citizens Advice may agree) on the standard terms for Licences for use of or access to the Service then in force and subject to payment of the then current annual subscription provided that Citizens Advice may, in its absolute discretion, refuse to renew any Licence.
- If Citizens Advice invoices for and is paid the then current rate for subscription, the Licence will be deemed to have been renewed for the additional relevant period.
Customer Support
- Faulty CD-ROMS will be replaced by Citizens Advice at no cost to the Customer.
- CD-ROMS or other means of delivering the Service may not be compatible with all types of PC or all types of PC network. Citizens Advice is not obliged to make the Service available or to support its use other than on computers which use Microsoft Windows 98, ME 2000, XP and NT4 or such other operating system as Citizens Advice shall from time to time designate for the purpose.
- Citizens Advice will use reasonable endeavours to provide technical support for the Service by telephone between 9.00 am and 5.00 pm Monday to Friday, (excluding Bank Holidays) to assist users with problems relating to the use of the Service on their computers to the extent the Service is used under conditions and on operating systems for which it is designed but Citizens Advice will not be responsible for any costs, losses or damages whatsoever as a result of defects in or failure to provide or interruption of such support services.
- Enquiries about the Service which do not relate to the operation of the Service on a PC should be made in the same way as for other enquiries with regard to the Service. The contact points for these enquiries are shown in the User Guide available to Customers, but telephone or other support from these contact points may not be available for the same hours as intended for the technical support helpline and may not be available at all.
Limitation of Liability
Except for liability for death and personal injury arising from negligence or liability arising from fraud:-
- Citizens Advice’s aggregate liability (including liability for negligence) for any breaches whatsoever of the Terms or of any contract or tort or in respect of any misrepresentation (or so far as permitted by law) in respect of any statutory duty for all claims of the Customer in relation to the Service and Materials arising in any period for which a subscription for the Service has been paid shall be limited to the amount so paid for that period.
- Citizens Advice shall have no liability for any indirect or consequential loss or damage (including loss of goodwill contracts or savings whether characterised as direct or indirect losses) arising from any misrepresentation or breach of contract or duty whatsoever (including negligence) relating to the Service or Materials.
- Citizens Advice shall have no liability to the Customer for any loss, destruction or corruption of data due to its use of the Service arising from any cause whatsoever.
Miscellaneous
- Citizens Advice may suspend or terminate the Licence if the Customer fails to comply with any of its obligations in relation to the Service or the Materials whether under the Terms or otherwise or if a Customer is or becomes insolvent, commences to be wound up or has a receiver or administrative receiver appointed in respect of all or any of its assets or is subject to an Administration Order. No refund of subscription attributable to any period after termination will be made.
- If any provision of this Agreement shall be illegal, void or unenforceable for any reason, this shall not affect the remaining provisions of this Agreement which shall remain in force.
- Citizens Advice will use reasonable efforts to ensure that viruses or other harmful devices are not transmitted to Customers’ systems via the Service, but provided Citizens Advice shall have used a reasonable virus checker which is widely commercially available updated at reasonable intervals it will not be liable for any loss or damage whatsoever arising from the introduction of any virus or other harmful device.
- The Customer may not assign any of its rights under these general terms and conditions or otherwise in relation to the Service or Materials or grant any sub-licence in respect of them to any person.
- Any notices to be served under the Terms or otherwise in relation to the Service or Materials by Citizens Advice on the Customer shall be in writing or displayed electronically on the Service. Such notices shall be deemed to have been properly given two business days after the date of posting, if posted; on delivery if physically delivered to the Customer at its registered office or at its business premises and when on the date first made available if displayed electronically on the Service.
- Any notices to be served upon Citizens Advice by the Customer should be addressed to the Head of Customer Services and physically delivered at the address stated in the last invoice issued to the Customer in relation to the Service or such other address as Citizens Advice shall have notified to the Customer in accordance with this paragraph from time to time.
- Any third party owning intellectual property rights in any of the Materials will have the right to enforce these Terms in respect of those rights directly on its own behalf.
- No third party shall acquire any rights under this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded save that the owners of any intellectual property supplied by any of the persons referred to in paragraph 12.7 above may enforce those rights.
- These general terms and conditions may only be varied by express written agreement between Citizens Advice and the Customer but in the case of any conflict the terms of such an agreement shall prevail.
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