This website is owned by TAB U.K. Ltd.
We are a limited company registered in England under company number 08321670 whose registered office is at Salisbury House, Station Road, Cambridge, UK, CB1 2LA.
We own or are licensed to use all intellectual property rights in and to this website, its content and all technical infrastructure relating to it. In accessing any part of this website, you agree: not to use this website in such a way that disrupts, interferes with or restricts the use of this website by other users; not to upload, display or transmit any materials through this website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world; not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this website or attempt to transmit to or via this website any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; and not to change, modify, delete, interfere with or misuse data contained on this website and entered by or relating to any third party user of this website.
TERMS AND CONDITIONS
2. Access to the Data 2.1 TAB will provide you with a Log-in on the Effective Date to enable you and your Authorised Users to access the Data. 2.3 Your Log-in is confidential and you must not disclose it to any person or party other than your Authorised Users. You must inform your Authorised Users of the confidential nature of the Log-in. You must notify TAB promptly if any Log-in details are disclosed to any person other than your Authorised Users. You must notify TAB if you become aware of anything that may compromise the security and/or operation of the Log-in and/or the Data. 2.4 You are responsible for all activities that occur under your Log-in regardless of whether these activities are undertaken by an Authorised User or any third party. You acknowledge and accept that TAB will collect information about use of the Website and the Database made using your Log-in. This includes details of visits to the Website and Database made using your Log-in including, but not limited to, traffic data, location data and other communications data, and the areas of the Website and Database that are accessed. Tab may also collect information about the computer used to access the Website and Database through your Log-in, including IP address, operating system and browser, to improve TAB’s service. 2.5 Tab is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. You acknowledge that the Data may be subject to limitations, delays and other problems inherent in the use of these communications facilities. 2.6 If a Fault occurs, you may contact TAB via email giving notice of the Fault (including a summary of the nature and circumstances of the Fault). Tab will respond during Normal Business Hours and use reasonable endeavours to resolve the Fault within a reasonable time. 2.7.Within seven days after termination or expiry of the Agreement (by either party for whatever reason) you must delete all copies of the Data in your possession and you must certify in writing to TAB that you have complied with this obligation.
3. Restrictions on use of the Data 3.1 You must ensure that neither you nor your Authorised Users: 3.1.1 provide access to the Data to anyone other than the Authorised Users; 3.1.2 compete with any service offered by TAB through your Use of the Data and/or the Database (or any copy of them); 3.1.3 disrupt, interfere with or restrict the use of the services provided by TAB through the Website; 3.1.4 probe, scan or test the vulnerability of the Database and/or the Website or attempt to circumvent or hack any user authentication or security controls; 3.1.5 attempt to transmit any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; 3.1.6 provide, attempt to obtain, or assist others in obtaining access to the Data, except as permitted by the Agreement. This excludes end users that are accessing the results of your Use of the Data for your internal business purposes; 3.1.7 change, modify, delete, interfere with or misuse any files or other data provided on the TAB Website or through the Database; or 3.1.8 use the Data in contravention of any applicable law.
4. Accuracy of the Data and use of Third Party Sites 4.1 The Database has been compiled using Data obtained from third party sources. As a result: 4.1.1 TAB warrants that it has not modified or altered the Data obtained from third party sources; but 4.1.2 TAB cannot and does not warrant that Data is complete, accurate, reliable, useful, fit for purpose or timely. 4.2 The Website contains links to third-party websites. Whilst TAB tries to ensure the links are to reputable sites, TAB has no control over the content of third-party websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you (and your Authorised Users) access and use third-party websites from our Website at your own risk. 4.3 From time to time TAB may enter into service agreements with third parties. These agreements may allow third parties to retrieve data made available by users, for example social media applications. 4.4 If clicking on a link on the TAB Website takes you to a third-party website, you will be bound by the terms and conditions of that third-party website. Please make sure that you agree with the terms of the website on first entering the website. If you do not agree to those terms, please contact the third-party website and/or cease using the website.
5. Proprietary rights 5.1 You acknowledge and agree that TAB (and/or its licensors) owns all intellectual property rights in the Data and the Database. Except as expressly stated, the Agreement does not grant you any right to copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), patents, or any other rights or licences in the Website, Data or the Database.
6. Audits 6.1 You permit TAB to audit the use of the Data by you and/or the Authorised Users to ensure compliance with the Agreement. This does not entitle TAB to access your confidential intellectual property or financial, payroll, personnel or other confidential records that do not relate directly to the Data and/or the Agreement. This right can only be exercised by TAB by giving you reasonable prior notice. 6.2 If TAB becomes aware that you have breached any of your obligations under the Agreement, TAB has the right immediately to suspend your access to the Data until the breach has been remedied to TAB’s satisfaction. If your access has been suspended or terminated by TAB, you must not re-register for, or re-access the Data without prior written consent. 6.3 If any unauthorised use is made of the Data and this is attributable to your act or default (or that of any Authorised User) then, without prejudice to TAB’s other rights and remedies, you will immediately be liable to pay TAB an amount equal to the Fee that TAB would have charged had this use been pre-authorised, together with interest charged from the first date of the unauthorised use to the date of payment.
7. Confidentiality 7.1 Each party may be given access to Confidential Information from the other party under the Agreement. A party’s Confidential Information does not include information that: 7.1.1 is or becomes publicly known other than through any act or omission of the receiving party; 7.1.2 was in the other party’s lawful possession before the disclosure; 7.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or 7.1.4 is independently developed by the receiving party, and the independent development can be shown by written evidence. 7.2 Each party will hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the information for any purpose other than the implementation of the Agreement. 7.3 Each party will take all reasonable steps to ensure that the other’s Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement. 7.4 The restrictions in this clause do not prevent the production or disclosure of Confidential Information to the extent required by applicable laws (including, where applicable, the Freedom of Information Act 2000), regulations or a court order. In this case, the disclosing party will give the other party reasonable notice in writing of the required production or disclosure of the Confidential Information, where permitted by law, so that the other party has an opportunity to defend or apply to limit or protect the Confidential Information from production or disclosure. 7.5 This clause survives termination of the Agreement, however arising.
8. Publicity 8.1 From time to time, TAB likes to include details of its clients in TAB’s publicity materials. You hereby grant TAB a worldwide, non-exclusive, royalty-free licence to use your name and logo in any promotional literature, publications or advertising material, including any website or other online services, for the purpose of publicising your use of the Data (to promote TAB’s business). TAB will use reasonable endeavours to ensure that its use of your name and logo complies with any style guides or other instructions issued by you to TAB.
9. Limitation of liability 9.1 This clause sets out the entire financial liability of TAB (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you: 9.1.1 arising under or in connection with the Agreement; 9.1.2 in respect of any use made by you of the Database, the Data or any part of the Database or the Data; and 9.1.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement. 9.2 Except as expressly and specifically provided in the Agreement: 9.2.1 you assume sole responsibility for results obtained from your Use of the Data, and for conclusions drawn from such Use. TAB has no liability for any damage caused by errors or omissions in any Data provided to you by TAB; 9.2.2 except for the warranty provided in clause 4.1.1, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement; and 9.2.3 the Data are provided to the Customer on an “as is” basis. 9.3 Nothing in the Agreement excludes the liability of either party for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation. 9.4 Subject to clause 9.2 and clause 9.3: 9.4.1 TAB shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Agreement; and 9.4.2 TAB’s total aggregate liability for any one claim, or series of linked claims, in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the Agreement shall be limited to the sum of the Fee for the Licence for the 12 months immediately preceding the date on which the claim arose. 9.5 If any of the limitations on TAB’s liability under the Agreement are adjudged to be unreasonable in the circumstances, then the limitation will be increased to the amount that TAB can recover from its insurer for the loss in question.
10. General 10.1 The Agreement does not prevent TAB from entering into similar agreements with third parties, or from independently developing, using, selling or licensing the Data and/or services which are similar to those provided under the Agreement. 10.2 The failure or delay of TAB to exercise or enforce any right under the Agreement does not operate as a waiver of that right or preclude the exercise or enforcement of the Agreement. 10.3 Neither party is liable for any delay in or for failure to perform its obligations under the Agreement, other than an obligation to make any payment due to the other party, if that delay or failure is caused by circumstances beyond the control of that party. These circumstances include fires, strikes, insurrection, riots, embargoes, or the regulations of any civil or military authority. 10.4 The Agreement constitutes the entire understanding between the parties with respect to the subject matter of the Agreement and except as expressly stated in the Agreement, supersedes and replaces all prior agreements, negotiations and discussions between the parties. You confirm that you have not been induced to enter into the Agreement by any representation, warranty, or undertaking not expressly incorporated into it. However, nothing in the Agreement purports to exclude liability for any fraudulent statement or act. 10.5 No variation of the Agreement is valid unless it is in writing and signed by an authorised representative of each of the parties. 10.6 You are not entitled to assign or sub-contract the Agreement nor any of its rights or obligations hereunder nor to grant sub-licences to any party other than an Authorised User. 10.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement, and nothing in the Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of the Agreement or operate to give any third party the right to enforce any term of the Agreement. 10.8 If any provision of the Agreement is held to be unlawful, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the provision or part will be severed from the Agreement and rendered ineffective as far as possible. This does not modify or affect the legality, validity or enforceability of the remaining provisions of the Agreement which will remain in full force and effect. 10.9 Any notice to be given under the Agreement will be in writing and will be delivered by hand, sent by first class post or sent by email to the address of the other party set out in the Agreement (or such other address as may have been notified including through the Website). Notices or other documents will be deemed to have been served: if delivered by hand - at the time of delivery; if sent by post - upon the expiration of 48 hours after posting; and immediately if sent by email. 10.10 The Agreement and any disputes or claims arising out of or in connection with it or its subject matter (including any non-contractual disputes or claims) is governed by and construed in accordance with English law. Each party irrevocably submits to the exclusive jurisdiction of the English Courts.