Please read carefully the Terms and Conditions relating to the use of the online materials and information available on the website (the 'Online Service') operated by Better Regulation Ltd ('BR', Better Regulation, 'we' or 'us').
If you do not wish to be bound by these terms and conditions then you should not subscribe to the Online Service.
Nature of our Online Service
Our website describes the Online Service in more detail.
Access to the Online Services
On receipt of your application for a subscription, we shall, subject to clause 5.2, provide you with such user name(s) and password(s) as are required by you to give access to the Online Service to you and/or any employees identified by you on your application (such individuals in receipt of a user name being referred to in these terms and conditions as 'Users').
You shall keep and, where relevant, shall procure that your employees keep confidential the user name(s) and password(s) provided by us to you for access to the Online Service. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
You shall be entirely responsible for all access to the Online Service where access is facilitated by the user name(s) and password(s) provided to you whether such access is with or without your consent.
Conditions of access to the Online Service
We grant you a non-exclusive, non-transferable licence to use the Online Service, subject to clause 4.2, for a period of 1 year, and for yearly periods thereafter, on the payment of an annual renewal fee.
This licence to use the materials and information made available through the Online Service including without limitation any news items published in the site (the 'Materials') is granted on the terms and conditions of this Subscription Agreement.
You and each User may: electronically display Materials from the Online Service, download and store one copy of the Materials in machine readable form; print one copy of the Materials; and copy and paste from the Materials. You and any User may not: download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, distribute or use Materials other than in accordance with clause 4.1 and 4.2 above; sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person; alter or remove any copyright notices or other notices indicating the proprietary ownership by us or any third party of any intellectual property in the Materials; use the Materials in any manner except as expressly permitted, reproduce, modify, or in any way commercially exploit any of the Materials; create a database in electronic or structured form by systematically downloading and storing all or any of the Materials.
Unless otherwise specified, the Materials are presented solely for your own internal business use and may not be re-sold.
Payment
Subscription payment is due either within 28 days of commencement or within 28 days of receiving a valid invoice - whichever is the later. You may pay by cheque or bank transfer. The method of payment shall be indicated by you at the time of your subscription request and the payment will cover 1 year's access to the Online Service unless otherwise agreed. The price of any full subscription is the price in force at the date and time of your order. If payment is not received within 28 days of receiving a valid invoice, Better Regulation Ltd reserves the right to restrict access to the Online Service and/or charge interest.
On expiry of a 7 day money back guarantee, making the Online Service available to you constitutes performance of our services and, other than in accordance with clause 19.2, you will have no right to cancel the contract.
You undertake that all details you provide to us for the purpose of subscribing to the Online Service or otherwise will be correct.
Unless we receive written notice from you terminating your subscription with us in accordance with clause 5.5, we shall renew your subscription at the expiry of each Subscription Period and invoice you in respect of the renewal Subscription Period. Renewal subscriptions will be invoiced at the standard rate applicable as of the renewal date. Each year your subscription renewal will be adjusted in line with the RPI rate of inflation. Invoices will be issued prior to commencement of the renewal Subscription Period.
You shall be entitled to terminate your subscription with us with effect from the end of the current Subscription Period by giving us at least 90 days’ prior written notice.
Warranties and returns
We warrant that we have all necessary right, title and interest to allow us to provide the Online Service and that we will provide the Online Service with reasonable skill and care.
If you have any complaints, or if you wish to exercise your right of cancellation referred to in clause 19.2 please contact customer services at info@betterregulation.com.
After the initial 7 day notice period, cancellation of the annual subscription must be preceded by 90 days’ written notice in accordance with clauses 5.4 and 5.5.
If you have any complaints, or if you wish to exercise your right of cancellation referred to in clauses 6.2 or 19.2 please contact customer services at info@betterregulation.com.
Modifications to the Online Service
Subject to your rights set out in clause 15 (Termination), we reserve the right to alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated any new features will be subject to these terms and conditions.
Information you provide
The following applies to any information you provide to us, for example during any registration or subscription process.
You authorise us and you shall procure that we are authorised to use, store or otherwise process any personal information which relates to and/or identifies you and/or your employees, including but not limited to your name and address or the names and addresses of your employees, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy services through our website then we may collect information about you or your employees' buying behaviour. If you or your employees send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the 'Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
You must ensure and, where relevant, procure that your employees ensure that the Personal Information provided to us is accurate and complete and that all registration details (where applicable) contain the correct name(s), address(es) and other requested details. For more information about how we deal with the Personal Information, please read our privacy policy.
The Privacy Policy forms part of these Terms and Conditions.
By accepting these terms and conditions, you agree and, where relevant, shall procure that your employees agree to the processing and disclosure of the Personal Information for the Purposes. You also agree and, where relevant, shall procure that your employees also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification by means of a notice on our website, which should be checked regularly. If you or, where relevant, your employees would like to review or modify any part of the Personal Information which we hold relating to you or your employees then please contact our customer services at info@betterregulation.com
Applicability of Online Materials
We have used our best endeavours to ensure that all Materials comply with UK, Irish and International law but we make no representations that the Materials and the Online Service are appropriate or available for use in any territory.
Where Materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered or provided by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service.
Copyright and Monitoring
The contents of the Online Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is Better Regulation Ltd or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trade marks, service marks or trading names of their respective owners, including us.
Linked websites
We make no representations and give no warranties whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse the content or use of such website. Accordingly, we accept no responsibility for and shall not be liable for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
Availability of the Online Service
We will use all best endeavours to make the Online Service available 99% of the time but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Disclaimer
The Materials may not address your particular requirements and are not intended to constitute a definitive or complete statement of the law on any subject and are not intended to constitute legal advice in any specific situation. You should take your own advice and make your own decisions without placing any reliance on any of our Materials.
The Materials include archived information and resources which may be incorrect or out of date.
Liability
We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Online Service, our website or any information or service provided through our website not contained in this Subscription Agreement. We will do our best to ensure that all Materials are accurate, but please note that all Materials and information contained in the Online Service are provided on an 'as is' basis.
We do our best to ensure that the Materials are accurate. However, we make no representations that the Material is accurate and up-to-date or complete and accept no liability for any loss or damage caused by inaccurate information. The Materials do not constitute any form of advice or recommendation by Better Regulation Ltd and are not intended to be relied upon in making (or refraining from making) any specific investment, or other, decisions. If you find any inaccurate information on the website let us know and we will correct it, where we agree, as soon as practicable.
Neither party accepts liability for any indirect, special or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Online Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Better Regulation Ltd or our servants, agents or any other person.
If either party is liable to the other party for any reason, the liability will be limited to the amount paid for the Online Service in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this clause 14 do not affect your non-excludable statutory rights which shall only apply to the extent permitted by applicable law.
Termination
Either party may terminate or suspend use of the Online Service at any time if the other is found in material breach or if they have reasonable grounds to believe that the other party is in material breach of any of these terms, including without limitation the prohibition on sharing or disclosure of user name(s) and password(s) set out in clause 3 (Access to the Online Service) and the reproduction of Materials set out in clause 4. and such breach, if capable of remedy, is not amended within 30 days of notification of such material breach.
If you are notified of termination of your rights of use, you must immediately use your best endeavours to destroy all of your copies of the Materials. In these circumstances you will not be entitled to any refund.
Other than in accordance with our rights set out in clause 15.1, in the event that under clause 7 (Modifications to the Online Service) we discontinue, suspend or terminate your access to all of the Online Service, we shall refund to you the pro rata share of the annual fee paid by you which relates to the unexpired part of the year in relation to which such annual fee was paid.
General
We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Online Service will be governed by that version.
These terms and conditions together with the privacy policy, any subscription request form and payment method instructions, if any, are the whole agreement between you and Better Regulation Ltd. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
Better Regulation Ltd will not be held liable for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
These terms and conditions are not intended to benefit anyone other than the parties to it and, in particular, no term shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
Notices
All notices shall be given
To our Client Support help team by letter or email.
To you at either the email or postal address you provide during any application process unless otherwise notified to us. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Replacement
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service
Form of Cancellation
Should you wish to cancel the service, please inform us in writing.
Cancellation of the subscription at any other time must be preceded by 90 days’ written notice as set out in clauses 5.4 and 5.5.
Acceptance
Using the Online Service is confirmation of your acceptance of these terms and conditions.