TICC
We hereby grant a non-exclusive, non-transferrable licence on the terms and conditions set out below to you to access and use the Subscription Services and Materials strictly for the following purposes;
to access the Subscription Services and Materials;
to use the Materials to create your own terms and conditions of carriage ('Customer Terms');
to store your Customer Terms on the Website; and
to download, print and send hard and soft copies of the Customer Terms to your customers by email or post; and
to allow your customers to use the relevant TICC reference number to view and print your own Customer Terms via the Website; and
to allow your customers to forward a hard copy of the relevant Customer Terms to their own customers; and
to display the TICC logo and relevant TICC references numbers that we make available to you on your official business stationery and your official business website; and
to incorporate the following direct links on your official business website;
to the TICC homepage displayed on the Website (for use by your you and your customers);
to the Customer Terms pdf document hosted on the Website (for use by you and your customers);
to the Customer Terms pdf document hosted on your own official business website (for use by you and your customers).
Your access to the Subscription Services and use of the Materials is limited and you and you shall strictly comply with the following conditions: and
the individuals within your organisation who have been authorised to use the user name and password provided by us must only access the Subscription Services and use the Materials strictly in the ordinary course of the business of your organisation to prepare your Customer Terms and making such terms available to your customers; and
your rights to use and in accordance with such use adapt the Materials to create your Customer Terms is limited to such reasonable amounts as may be necessary to achieve your legitimate business needs; and
where you have used the Materials to create your Customer Terms you may the relevant TICC reference number that we make available to you which will divulge to your customers allow your customers to access the Website strictly for the purposes of viewing and downloading your Customer Terms and for no other purpose; and
save as otherwise permitted by any copyright laws, or as otherwise agreed in accordance with the terms of this Licence you and your customers may not download, reproduce, display, transmit, store, distribute or otherwise make use of the Subscription Services or the Materials.
All right, title, and interest (including all copyrights and other intellectual property rights) in the Website and the Subscription Services (which shall include without limitation the Materials) belongs to us and, save as granted under the terms of this Licence, you shall not be entitled to any rights in connection with or arising out of any copyright or other intellectual property rights in the Website, Subscription Services or the Materials.
Any instructions and other information contained on our Website which relates to the Subscription Services and Materials from time to time (including without limitation the price of the Subscription Services) shall be incorporated into the terms of this Licence.
The user name, password and any TICC reference number issued to you must only be used strictly to access and use the Subscription Services and Materials by using the functions made available on the Website for the purposes of you creating your Customer Terms and, in respect of the TICC reference number only, making your Customer Terms available to your customers.
Any user name or password issued by us to you is personal and confidential to your organisation. If a user name or password is being used by an unauthorised person we reserve the right to terminate this Licence or (at our option) cancel the user name and password.
We reserve the right to change or withdraw the functionality of the Website and the Subscription Services at any time and to change or remove any feature associated with the Subscription Services and Materials.
You must ensure that each person having access to the Subscription Services and Materials is properly authorised to access and use the services and only uses the services and the Materials in accordance with the terms of this Licence.
You hereby acknowledge that when using the Materials you accept that the materials have been provided by us to assist you with the provision of standard form terms and conditions of carriage and may not be sufficient to deal with individually negotiated contracts or bespoke arrangements in connection with which we recommend that you seek independent legal advice.
Whilst we make all reasonable efforts to maintain the Materials and keep them up to date we recommend that you obtain independent legal advice if you wish to rely on any provision if it is likely that you at risk of any loss or damage.
You must not at any time, and shall ensure that your customers shall not at any time, use the Subscription Services download or otherwise copy any of the Materials for any purposes other than in accordance with the terms of this Licence.
The Subscription Services and the Materials are provided on as 'as is' and on an 'as and when available' basis and whilst we shall use our reasonable endeavours to ensure that the Website is available at all times we do not guarantee that the Website and Subscription Services will be free from service interruptions, data or telecommunications failures or that the Materials will be completely free from errors.
Nothing in this Licence is intended to exclude liability for death or personal injury resulting from any negligence by us.
To the maximum extent permitted by law, we shall not be liable for any losses, injury or damages suffered or caused to you or your customers, or for any other such claims, liability, or damages resulting from or arising out of the non availability, modification or disruption of the Website, the Subscription Services or the Materials or in connection with your use of the Website, Subscription Services or your use of the Materials caused by or resulting from such use.
any error with or omission from the Materials;
any interruption or unavailability in connection with the supply of the Subscription Service to you or your customers; or
your use (or misuse) of the Subscription Services or the Materials whether or not such use or misuse has been caused by any negligence.
Our entire liability to you for any breach of our obligations either under this licence or implied by any law shall, to the maximum extent permitted by law, be limited (at our option) to the amount paid by you for the Subscription Services.
We shall not be liable for any consequential, special, indirect, direct or special losses or damages (including without limitation professional fees and expenses) arising out of or in connection with the use or availability of the Subscription Services and Materials whether any such losses or damages have been suffered or incurred by you or your customer.
The term of this licence shall commence on the date that we receive your annual subscription payment and shall continue for a period of 1 year whereupon the Licence will automatically renew on the receipt of your further subscription payment.
If we do not receive your subscription payment we shall cancel your subscription and shall suspend your user name, password and any applicable TICC reference numbers.
You may terminate this Licence at any time without notice by ceasing to use the Subscription Services but if you do so you shall not be entitled to receive any subscription payment refund.
Except as otherwise provided herein, all notices and other communications to you hereunder shall be by email or otherwise displayed electronically via the Website or the Subscription Services. Any notices that we send to you shall be deemed to have been properly given on the date sent to you, or, if displayed via the Subscription Services on the dated posted on the Website. All notices shall be sent to us by you by email via our Website.
Any failure by us to enforce any provision of this Licence shall not constitute or be construed as a waiver of such provision and shall not prejudice our rights of enforcement at a later date.
These terms shall be governed by and construed in accordance with the laws of England.
No third parties shall acquire any rights under this licence and the rights set out under the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.