WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the DataSpace Consult website which is an online consultation tool designed to provide registered users with the ablity to view and comment upon documents uploaded by others for this purpose (together the "Service").

The Service is owned and operated by Resolution Data Management Ltd, Churchill House, Churchill Road, Cheltenham, GL53 7EF. Telephone Number: 01242 260505, Facsimile Number: TBD ("RDM").

Before using the Service you agree on your own behalf and on behalf of each entity and person on whose behalf you act to be bound by the following Terms and Conditions (the "Terms"). If you do not agree to abide by these Terms you should not access or use the Service in any way. We reserve the right to suspend access to any users who use the Service in contravention of these Terms (without limitation to any other rights or remedies available).

These Terms should be read in conjunction with the Privacy Policy which describes how we use the personal data that you supply. For use of the Member's Area, please see the Member's Terms and Conditions and Members' Privacy Policy.

For further information or if you have a query, you can email us at mailto:support@resolutiondm.com

For clarity, in these Terms, "we", "our" and "us" means RDM. "You" and "your" means any natural or legal person who uses the Service and includes the organisation on whose behalf you act, where the context requires.

USING THE SERVICE

You are liable for all charges incurred in accessing and using the Service and where relevant for paying the telephone charges at the rate publicised by the operator with whom you make your local calls.

By accessing and using the Service you confirm that you are eligible to use the Service.

You shall use the Service only in accordance with these Terms and all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all things arising from your use of the Service.

You agree not to:

• sub-licence, assign or subcontract any part of your benefits and obligations under the Terms.
• use or permit the use of the Service for any illegal purpose.
• reproduce or re-transmit any part of the Service in any form without our prior written consent (except to the extent expressly provided for in these Terms).
• damage, interfere with or disrupt access to the Service or do anything which may interrupt or impair their functionality.
• use the Service in such a manner as would bring us, our organisation and/or business into disrepute.
• obtain or attempt to obtain unauthorised access, through whatever means, to the Service, other services or computer systems or areas of our networks.
• make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software in connection with your use of the Service.
• use the Service in any way to send unsolicited (commercial or otherwise) e-mail (spamming) or any material for marketing or publicity purposes.
• post any infringing, defamatory, obscene or other unlawful information to any community, discussion or chat area of the Service.

SUSPENSION AND/OR TERMINATION OF SERVICE

If your use of the Service interferes with our ability to provide the Service to you or any services to our other users, (each a "Prohibited Use"), we may suspend provision of the Service to you until the Prohibited Use has ended. We shall then as soon as reasonably practicable resume provision of the Services.

We reserve the right, in our sole discretion, to suspend and/or terminate your access and/or use of any or all of the Service at any time without notice.

CONTENT

We licence you to use the Service in accordance with these Terms only.

All rights and interest in and title to all present and future intellectual property rights world-wide howsoever arising and in whatever media, whether or not registered, including without limitation, patents, trade marks, design rights, copyright, database rights, service marks, trade names and rights in confidential information, which subsist or may subsist in the Service vests in us (or is licensed to us) and subject to the altreration clause above, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the intellectual property rights provided by us to you in any way without our prior written consent.

Any trade marks, service marks and/or other trade names used by us from time to time shall not be used by you at any time without our prior written consent including without limitation all page headers, custom graphics and button icons.

You shall not use any trade marks, service marks and/or other trade names used by us from time to time for any purpose including to imply endorsement by us of your website and/or goods and/or services or otherwise without our prior written consent.

All other trade marks referred to are the trade marks of their respective owners.

Links to Third Party websites: the Service may contain links to third party websites ("Linked Sites"). We do not control, sponsor, endorse or otherwise approve of any information or statements appearing in the Linked Sites (nor in other sites referred to in or linked to the Linked Sites). We are not responsible for webcasting or any other form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly. Third Party Software: Your use of any third party software that is made available to download by us in connection with the Service may be governed by separate licence terms and conditions available from the respective software supplier.

ALTERATIONS TO THESE TERMS

We reserve the right to amend these Terms in whole or in part, at any time and you will be notified of the same by our posting of such Terms on this website. Your continued use of the Service after any changes have been posted on the Service will be considered acceptance of any changes.

SECURITY

You acknowledge and accept that the Service involves transmissions over the Internet and that such transmissions are therefore subject to the Internet’s inherent risks. You acknowledge and accept that, as with any network, you may be exposed to:

• unauthorised invasions of privacy during, or as a result of, using the Service;
• system-threatening viruses and other unauthorised and invasive programs transmitted by third parties;
• unauthorised dissemination and publication to others of information and material originally sent only to selected recipients on or through the Service;
• eavesdropping and electronic trespassing;
• fraud and forgery; and/or
• the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information.

Although our privacy and security features are designed to reduce these risks, we cannot guarantee their elimination. It is your responsibility to ensure that your systems protect against the events listed in the use of service clause above and otherwise comply with good industry practice. You also acknowledge that no transmission via the Service shall be deemed confidential and that we shall not be liable for any breach of confidence arising as a result of such event.

RELIANCE ON THE SERVICE

Because the Service is provided by means of website and telecommunication systems (including local loop network providers and other connectivity arrangements over which we have no control) you acknowledge that:

The Service cannot be operated in all circumstances without error (including without limitation errors in any software used to provide the Service and telecommunications links) and we shall be under no liability for the consequences arising from any such error or the reliance by you upon the Service.

Time shall not be of the essence in relation to our delivery and/or provision of the Service.

WARRANTIES

We warrant that we shall use reasonable skill and care in providing the Service.

To the fullest extent not prohibited by law and subject to Clause 8, we exclude all conditions, terms, representations and warranties, whether implied by statute or by operation of law or otherwise, that are not expressly set out in the Terms.

LIABILITY

You agree that except for death and personal injury arising through our negligence, to the fullest extent permitted by law, we exclude any liability whatsoever for any loss or damage arising from use of the Service.

We have no control over the information and material that can be accessed through, downloaded from or uploaded to the site, and any material provided is for your general information only.

We will not be responsible or liable to you or any third party for any modification, suspension of or discontinuance of the site. It is your decision to use, post, submit, remove or alter information and material on, to or from the site and we are not responsible or liable for any loss or damage incurred by you or any third party as a result of your doing or failing to do the same.

We exclude all liability of any kind for the transmission or reception of information or material of whatever nature by, about or to you.

INDEMNITY

Except as expressly provided for below, you agree to indemnify and hold us, and any of our officers, employees and agents harmless from any loss or damage including without limitation in respect of any claim brought by any third party arising in respect of these Terms and/or the Service provided to you and/or your use or misuse of the Service.

FORCE MAJEURE

We shall not be in breach of the Terms for failure to perform or delay in performing any or all of its obligations as a result of an event of force majeure ("Event of Force Majeure") unless it has failed to comply with its obligations under this clause. For the purposes of the Terms, Event of Force Majeure shall include without limitation acts of God (including flood, fire, earthquake or other similar event), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunication systems, failure of the world wide web, governmental restraints and act(s) of legislature or any cause (other than lack of funds) outside the reasonable control of the affected party.

The operation of the Terms shall be suspended during the period in which an Event of Force Majeure continues to have effect except for any obligation, if relevant, to pay any sum due at the onset of the Event of Force Majeure or payable in relation to performance before the Event of Force Majeure.

Immediately upon the Event of Force Majeure ceasing to have effect, we shall notify you by posting a notice on the website and the operation of the Terms shall continue.

If a default due to an Event of Force Majeure continues for more than 12 (twelve) weeks, we shall be entitled to terminate the Terms upon serving a written notice to you.

We shall not have any liability to you in respect of the termination of the Terms as a result of an Event of Force Majeure.

THIRD PARTIES

A person who is not a party to the Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

SEVERANCE

Each provision contained in the Terms shall be severable from any other provisions, and if any part of any provision shall be found to be invalid, illegal or void for any reason such invalidity, illegality or void shall not affect any other part of such provision or any other provision contained in the Terms which shall continue to have full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior agreements, negotiations, representations and proposals whether written or oral concerning the subject matter of the Terms.

GOVERNING LAW

The Terms shall be construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.

ASSIGNMENT

You shall not assign any of your rights or obligations under these Terms without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms.