BombRisk Terms and Conditions

BombRisk Terms and Conditions

In these Terms and Conditions, the following words and phrases shall have the following meanings:

• “Business Hours” means 9.00 am – 5.00 pm on any Business Day.
• “Business Day” means Monday to Friday, inclusive, but does not include national, public, or bank holidays.
• “Customer”, “you”, “your” means the person using the Site (and any individual registrant is deemed to act on behalf of their business).
• “Data” means any information contained on the Site, in the Products and the Services.
• “Data Reports” means the reports available on the Site.
• “Data Suppliers” means our third party data suppliers who provide Products or Services including, but not limited to: SafeLane Global Limited.
• “Intellectual Property Rights” means all copyright, patent rights, trade or service marks, design right, rights in or relating to databases, rights in or relating to confidential information, and any other intellectual property rights (registered or unregistered) throughout the world.
• “Licence” means the licence granted by FIND to you under these Terms and Conditions in respect of the Products and the Services.
• “Ordnance Survey Data” means data which is provided by Ordnance Survey.
• “Price List” means the price of each of the Products and the Services for which SafeLane Global/FIND shall charge.
• “Products” means any product available on the Site including the Data Reports.
• “Services” means any services available on the Site.
• “Site” means the web site located at the URLs www.bombrisk.com or any other additional or replacement site(s) from time to time.
• “Terms and Conditions” means these terms and conditions which govern your use of the Site, and the Services and the sale and purchase of Products.

1. General use of the Site

You agree and acknowledge that when you are using the Site and purchasing or receiving any Products or Services, that you are legally bound by these Terms and Conditions. Some of our Data Suppliers also apply additional specific terms and conditions which are available below and on the Site. You are also bound by these where relevant.

We may, from time to time, amend or update these Terms and Conditions without notice to you. As such, you should check these Terms and Conditions each time you access the Site. In using the Site (and purchasing or receiving any Products or Services), you agree to any updates or amendments to these Terms and Conditions.

We may, in it’s sole discretion, suspend or terminate your use of the Site if, with reasonable opinion, it believes that you may have contravened these Terms and Conditions.

These Terms and Conditions, together with any Data Supplier specific terms of use and together with our Privacy Policy contains all the terms applicable concerning your use of the Site and the purchase or receipt of Products and Services.

2. Relationship between FIND and Data Suppliers

Unless otherwise expressly stated, we are not and does not represent, that it is in partnership with, that it has entered into a joint venture with, or that it is an agent of, any Data Supplier (nor does it hold itself out as doing so).

We do not have (nor does it hold itself out to have) the authority to enter into any agreement on behalf of a Data Supplier, make any representations, undertakings or warranties on a Data Supplier’s behalf nor does it seek to otherwise bind or oblige a Data Suppliers in any way. This does not affect the enforceability of any Data Supplier specific terms between you and a Data Supplier.

3. Scope of licence

You may only use the Site, the Products or the Services within the scope of the Licence below. For the avoidance of doubt, any reference to the Licence shall include reference to any Data Supplier’s specific terms and conditions. If it comes to our attention, that you have acted outside of the scope of the Licence, we reserve the right without exception to suspend and or terminate your use and access to the Site. In doing so, this shall not prohibit us from taking any other action it considers necessary and appropriate in order to protect it’s Intellectual Property Rights, or the Intellectual Property Rights of its Data Suppliers.

In the event that you wish to use the Site or any Products or Services for any purpose outside of the scope of the Licence and these Terms and Conditions, you must first contact us in writing describing in full the intended use of the Site, the Products or Services (as applicable). Our Data Suppliers are not under any obligation to allow any such use.

we grant you a limited, non-transferable, non-exclusive, revocable licence to use the Site, the Products and the Services, subject to the following. Unless otherwise stated (including those set out in “Additional requirements, exceptions and variations to the Licence” at Section 6) you shall have no right to:

• resell access to the Site or Services, or resell the Products (including copies of the Products), or any part of the same; or
• modify, merge, market, translate, publish or alter the Site, the Products or the Services; or
• display the Site, the Products or the Services (including copies of any part of them) to third parties;
• or create any product containing, derived from or based on the Site, the Products or the Services, nor allow anyone else to do the same;
• or sub-licence any of the Intellectual Property Rights (or purport to own any Intellectual Property Rights) contained in the Site, the Products or the Services.

4. General IPR provisions

All Intellectual Property Rights in the Site, the Products and the Services are and shall remain at all times the property of us and/or its Data Suppliers and/or its other third party licensors.

No provision in these Terms and Conditions shall act in a way to effect the assignment or transfer of any Intellectual Property Rights in the Site the Products and/or the Services.

You may not and shall not delete, remove, alter, amend, obscure or add any copyright notice, logo, trade or service mark from the Site, the Products and/or the Services, unless any other part of these Terms and Conditions expressly oblige you to do so.

You may not and shall not modify, adapt, reverse engineer or enhance the Site, the Products and/or the Services.

You must immediately notify us (i) if you suspect that use of the Site, the Products and/or the Services may infringe any third party Intellectual Property Rights or other third party rights; and, of any claims or proceedings brought against you that may affect the rights and interests of us or any of its Data Suppliers in respect of any Intellectual Property Rights in the Site, the Products and/or the Services. In each case, you will permit us in the name of the Customer to have full conduct or control of any related proceedings or negotiations.

5. Licence period
   

Unless otherwise stated, you may use and retain copies of the Data Reports for a period of 1 year following the date on which the Data and/or the Data Report was purchased. At the expiry of 1 year following the date on which the Report was purchased you shall archive all copies of the Report within your possession or control, and the relevant Licence shall terminate.

5. Additional requirements, exceptions and variations to the Licence

The UXO Report has been created based on information collected and sourced by SafeLane Global Limited (“SafeLane Global”) and third party providers. Although SafeLane Global will review the completeness of the information it has collected and been provided with, SafeLane Global will not be responsible for any omission in the UXO Report as a result of information which is missing or incomplete.

The UXO Report has been generated using online mapping and report provisioning technology provided by FIND Mapping Limited (“FIND”). The UXO Report is based on data provided by SafeLane Global and third party providers that has been imported and interpreted by FIND technology. FIND will not be responsible for any omission in the UXO Report as a result of information which is missing or incomplete.

To the extent permitted by law, we hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity under English law; and
any liability for any direct, indirect or consequential loss or damage incurred by you or any third party in connection with (i) any inaccuracy or incompleteness in any information supplied by SafeLane Global/FIND caused by the information provided to SafeLane Global being incomplete or missing, or (ii) any decision made or action taken by you or any third party in reliance upon that information, including:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time;
• and whether caused by tort (including negligence), breach of contract, statutory duty or otherwise, even if foreseeable.

This disclaimer does not affect SafeLane Global/FIND’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. Delivery and specification of Data Reports

We will use reasonable efforts to submit Data Report orders in accordance with your reasonable requests.

Data Suppliers will use reasonable efforts to acknowledge receipt of each order confirmation and deliver or procure the delivery of Data Reports requested on each order to you as specified and on the date specified in the order confirmation.

We will use reasonable efforts to ensure that Data Suppliers supply the Data Reports in accordance with the specifications set out on the Site, as amended from time to time.

You acknowledge that the Data Reports are provided on an “as is” basis, and that the Data Report has not been prepared to meet your individual requirements and therefore you should not rely on it as such.

In respect of the ordering and provision of Data Reports, we shall use reasonable efforts to order any Data Reports requested by you as soon as possible. You acknowledge that our ability to order Data Reports is subject to the operating hours of the Data Suppliers. If Data Reports are ordered outside of Business Hours, applications will be lodged with the relevant Data Supplier on the next Business Day. With respect to the delivery of any Data Report, time shall not be of the essence.

8. Pricing
   

You shall pay the price for Data Reports available via the Site, the Products and the Services in accordance with the Price List. In each case, the price shall be paid without any deduction, set off, counterclaim, abatement or other similar deduction.

All prices contained in the Price List shall be exclusive of VAT unless otherwise stated.

We may, at its absolute discretion, change the pricing structure and/or the Price List at any time without notice.

You agree not to circumvent the charging procedure operated through the Site.

9. Termination and consequences of termination
   

If we terminate your use of this Site where you are in breach of your obligations under these Terms and Conditions, you will not be allowed to access the Site.

Expiry or termination of these Terms and Conditions however caused, and for whatever reason, shall be without prejudice to any rights or liabilities accrued at the date of termination or expiry and in particular without limitation to any foregoing right to recover damages from each other.

10. Information on the Site

We and our Suppliers reserve the right (without any obligation) to update the information, the interface and/or the services provided on or through this Site at any time with or without notice. We will work with the Data Suppliers to update the information on the Site so that it is accurate and up to date within reason. However, you acknowledge that the type of Data displayed on the Site is subject to constant change and that as such it quickly become out of date and neither we nor the Data Suppliers warrant the accuracy, completeness or currency of the Data provided through the Site.

Where possible, and within reason (but subject at all times to our sole discretion) we shall work with its Data Suppliers to inform and give notice to you, where reasonably possible, of any updates or inaccuracies in the Products, the Services or on the Site.

You acknowledge and agree that you shall not rely on the currency and accuracy of the Products and the Services and that you shall make your own independent enquiries or procure the services of professional advisers where you wish to rely on such information.

It is your responsibility to ensure that the Products and Services are fit for the purpose that you require.

You agree that you are responsible for inputting data which is relevant to your search and requirements, and that neither we nor the Data Suppliers shall have any liability in the event that any information is submitted incorrectly or incompletely. You agree that you will bear any costs already incurred or which will be incurred for any Products or Services where you have submitted incorrect or incomplete data.

11. Website availability and maintenance
    

We are under no obligation to provide the Services on the Site outside of Business Hours (and in any event the Site will be subject to downtime from time to time including for maintenance as specified below).

We may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the content, Data or functionality of the Site from time to time. Access to or use of the Site, the Product, the Services or pages linked to it will not be uninterrupted or error free.

12. Liability
    

We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, or that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so.

Subject to Section 12.1, we shall not be liable to you or any third party (whether for breach of contract, negligence or for any other reason) for any: loss of profits; loss of sales; loss of revenue; loss of any software or data; loss of use of hardware; loss of use of software or data; loss of business resources; wasted management or staff time; any inaccuracy or incompleteness in, or delays, errors or omissions in the delivery of the Service, Product; any decision made or action taken by you in reliance upon the Service, Product or Data Report; or any indirect loss, consequential loss or special loss.

Subject to the preceding paragraphs in this Section 12, if we are in breach of any of its obligations under these Terms and Conditions, FIND’s liability shall be limited to the greater of (i) £5,000; and (ii) 125% the fees paid by you (in respect of the Site, the Product and the Services) in the 12 months preceding the date upon which the act gave rise to the liability occurring.

If you discover that there is a defect within the content of the Product or the Service, you shall contact us in writing notifying it of the defect. Subject to Section 12.1, we shall have no liability to you if you do not do so within (i) 7 days of discovering the defect; or (ii) 90 days from receiving the Product, Data, Data Report or Service.

Subject to Section 12.1, we shall not be responsible for errors or corruption in the Products and the Services resulting from inaccuracy or omission in information and/or data, inaccurate processing of information and data by third parties including the Data Suppliers, or for computer malfunction or corruption of data whilst in the course of providing the Products and the Services.

We warrant that the Services will be provided with reasonable care and skill. Subject to the foregoing, all representations, guarantees, warranties, undertakings, conditions and any other term (whether express or implied by statute or common law) as to fitness of the Site, the Products and the Services for a particular purpose or satisfactory quality are expressly excluded to the fullest extent permitted under English law.

13. Indemnities

You shall indemnify SafeLane Global/FIND against all claims, losses, costs, liabilities, expenses and damages (whether direct or indirect) for the following:

• any losses that SafeLane Global/FIND discover or may incur following its undertaking of a compliance audit of the Customer (which shall be undertaken in accordance with the auditing provisions set out in these Terms and Conditions), including in relation to any losses which may arise as a result of non-compliance with these Terms and Conditions;
• any use of the Site, the Products or the Services (i) outside the scope of the Licence; or (ii) in contravention of these Terms and Conditions.

14. Compliance with applicable law

You will comply with all requirements under applicable law in relation to the Site, the Products and the Services.

15. Auditing rights

You shall be obliged to maintain and keep copies of records relating to the purchase and use of the Products and the Services through this Site.

You agree that we, upon the provision of reasonable written notice, shall be entitled to inspect your records and you grant access to all relevant personnel for the purposes of conducting a compliance audit in order to ensure that the Products and the Services it has provided is being used in accordance with these Terms and Conditions including the Data Supplier specific terms and conditions. You agree that, where required to do so, FIND shall be entitled to provide your details to a Data Supplier for the same purposes and generally for the purposes of enforcing the Data Supplier’s rights.

16. Disputes and governing law

In respect of any disputes concerning anything which is covered by these Terms and Conditions you agree that disputes shall first be attempted to be resolved amicably by your senior management and SafeLane Global/FIND’s senior management.

These Terms and Conditions shall be governed by English law, and the English courts shall have exclusive jurisdiction.

17. General

If any provision of these Terms and Conditions are deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

In the event that any provisions within these Terms and Conditions conflict with the Data Supplier specific terms and conditions, these Terms and Conditions shall prevail. When one set of terms is more restrictive than another in respect of the same subject matter, the more restrictive set will apply.

You shall not, unless expressly otherwise permitted, contact the Data Suppliers directly.

We shall not be liable for failure to perform its obligations under these Terms and Conditions if caused by or resulting from force majeure which shall include, but not be limited to events which are outside of its reasonable control.

Unless the parties expressly agree otherwise in writing, if a party either (i) fails to exercise or delays exercising or only exercises partially any right or remedy provided under these Terms and Conditions or by law or (ii) agrees not to exercise or to delay exercising any right or remedy provided under these Terms and Conditions or by law then that party shall not be deemed to have waived and shall not be precluded or restricted from further exercising that or any other right or remedy. Unless the parties expressly agree otherwise in writing, no right, power or remedy under these Terms and Conditions or otherwise available to a party is exclusive of any other right, power or remedy under this agreement or otherwise available to that party.

We may assign or transfer any part or the whole of its rights and obligations under these Terms and Conditions at any time without the obligation to provide written notice. You shall not be entitled to assign or transfer any of your rights or obligations under these Terms and Conditions, without first having obtained the written consent of SafeLane Global/FIND.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions unless expressly stated in these Terms and Conditions. Any Data Supplier may enforce these Terms and Conditions, or any Data Supplier specific terms and conditions against you in accordance with Contract (Rights of Third Parties) Act 1999.

Any notices to SafeLane Global/FIND must be made in writing to the following address:

SafeLane Global Limited, Unit 3, The Courtyard, Campus Way, Gillingham Business Park, Gillingham, Kent ME8 0NZ

And

Thames House, 18 Park Street, London. SE1 9EQ

Any notices to you will be made either (i) in writing to you; or (ii) posted on this Site.

If you have questions regarding these Terms and Conditions, please email: research@safelaneglobal.com.

These Terms and Conditions were last updated on 3 October 2018.