» LexisNexis® Terms and Conditions
LexisNexis Terms and Conditions of Trade
1. These terms and conditions are incorporated into all contracts for the supply of goods and services ("Goods") by Reed Elsevier (UK) Limited trading as LexisNexis ("the Supplier") other than contracts specified in paragraph 2. They supersede any previously issued Terms and Conditions of Supply.
2. Where there is a separate written agreement, which has been signed by an authorised representative of the Supplier, the terms of that agreement will prevail over these terms and conditions.
3. Goods supplied may differ in non-material respects from those advertised in the Supplier's catalogue or other promotional material.
4. These terms and conditions will be interpreted in accordance with the Laws of England and Wales.
5. Subject to paragraphs 6 and 7 below the price payable for Goods shall be the total price specified in the Suppliers current price list or catalogue, less any discounts agreed in advance in writing by the Supplier and plus the applicable cost of packaging, postage and delivery ('Delivery Charges). Prices and Delivery Charges are subject to change without notice.
6. Discounts agreed by the Supplier as at the date of these terms and conditions shall continue to have effect for the remainder of the term of the relevant agreement.
7. The price payable for updating material for printed encyclopaedic and loose-leaf publications, where these are not covered by the terms of PIA Subscription (as defined in paragraph 14 below), shall be the price advised by the Supplier at the time of publication.
8. All prices are subject to VAT at the applicable rate.
9. Unless otherwise agreed in writing by the Supplier all invoices are payable within thirty (30) days of invoice, in the currency of the invoice, drawn on a bank based in the UK or by such other method as is agreed in advance by the Supplier. 10. Failure to pay all amounts due by the due date may result in:
a) withholding of further supplies including supplies in respect of which the customer has already made payment in full; and/or b) charging of interest on amounts outstanding at the rate of 4% above Royal Bank of Scotland base rate from time to time.
11. The Supplier may set and vary credit limits from time to time and withhold all further supplies if the customer exceeds such credit limit.
Online and CD products
12. Online and CD products are supplied additionally subject to the licence terms and conditions contained in the product. You are required to accept these licence terms and conditions before first using the product. If you do not agree to these terms and conditions, or to any changes to them made during the period of the subscription, you may cancel that subscription immediately. Use of the product is implied acceptance of the terms and conditions.
13. Delivery of online products is made using the World Wide Web. All warranties, express or implied, regarding the availability of any online product at any particular time or times are excluded.
14. Pay In Advance ('PIA') Subscriptions. a) PIA Subscriptions commence on the date specified on the Supplier's Invoice ('Commencement Date') and continue until terminated by either party by no less than 30 days written notice to expire on an anniversary of the Commencement Date or by the Customer in writing within 30 days of the Supplier's invoice under paragraph 14(c) below. b) The price for the first year of any PIA subscription is the Supplier's list price at the date of the order. The price for subsequent years is the Supplier's list price at the anniversary of the Commencement Date. c) The Supplier will inform the customer by invoice before each anniversary of the Commencement Date of the price payable for the next 12 months and, where the PIA Subscription relates to a CD or online product, of any change to the terms and conditions applicable to that product.
15. Pay As You Go ('PAYG') Subscriptions. a) Updates to printed encyclopaedic and loose-leaf services which are not subject to a PIA Subscription will be invoiced upon publication. b) Customers may terminate PAYG Subscriptions by 30 days written notice to expire at any time.
16. Pay As You Go ('PAYG') Standing Order. a) Customers who opt to purchase specific products via standing order will continue to receive these products future editions, until countermanded, and will be invoiced for these when received. b) Customers purchasing products at the special standing order price, accept that they wish to receive this publication each time it is published until countermanded, and will be charged at the standing order price. c) For products that are updated by supplements between editions, when purchasing the main work customers will be automatically sent the updating supplement on publication. d) Customers may terminate PAYG Standing Orders by 30 days written notice to expire at any time.
17. Supplements. For products that are updated by supplements between editions, when purchasing the main work customers will be automatically sent the updating supplement on publication and will be invoiced for these when received.
18. Orders for printed and CD products are accepted by the Supplier subject to availability of stock and may be delivered in two or more instalments. The Supplier has no liability for any loss of trade or profit to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.
19. Delivery will be made to the address specified on the order by the customer or its agent, or to a carrier designated by the customer, or to other such addresses as are notified to the Supplier from time to time.
20. Risk in Goods passes to the customer on delivery under paragraph 18 above. Title to Goods other than updates supplied under PIA Subscriptions will pass to the customer on payment in full. Title in updates supplied under PIA Subscriptions will pass on delivery.
21. Time is not of the essence for delivery of Goods and the Supplier's liability for incorrect delivery or failure to deliver is limited to the replacement of Goods.
Loss or Damage in Transit
22. Claims for damage or partial delivery or complete loss of consignment must be notified within thirty (30) days of the date of invoice.
23. Returns of printed Goods other than Goods supplied under PIA or PAYG Subscriptions will be accepted for credit provided they are received at the Supplier's warehouse within thirty (30) days of the date of invoice, and are accompanied by a copy of the returns note/invoice, have a valid authorisation code obtained from the Supplier's Customer Services department before goods are returned and are in a condition fit for re-sale. Refunds will be given only where the Goods returned are in a condition fit for resale and there are no other amounts outstanding and due on the customer's credit account with the Supplier.
24. The Suppliers liability to the customer for negligence, breach of contract and statutory duty is limited to the cost of replacing the goods ordered. It is not intended that any contract between the Supplier and the customer for the supply of Goods should be enforceable by any third party.
25. Any waiver by the Supplier of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
27. Notices sent by the customer must be sent by prepaid post to the Supplier's Customer Services Department at the address on the most recently delivered invoice. Such notices must state the customers name and (where applicable) account number. Notices sent by the Supplier will be sent to the customer's last known address.
Additional terms for eBooks
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this Licence, LexisNexis ("the Licensor") hereby grants to you a non-exclusive, non-transferable licence to use this eBook ("the Document") on the terms of this Licence.
1.2 You may:
1.2.1 download, install and use the Document for your personal purposes only;
1.2.2 make copies of the Document but only for back-up purposes or for use on another computer owned by you;
1.2.3 print one copy of the Document.
1.3 You are granted a free trial to use the Document in accordance with this Licence. The Licensor has no obligation to continue to provide the Document and you have no rights to continue to receive the Document.
2. YOUR UNDERTAKINGS
2.1 Except as expressly set out in this Licence or as permitted by applicable copyright law, you undertake:
2.1.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Document;
2.1.2 not to make alterations to, or modifications of, the whole or any part of the Document nor permit the Document or any part of it to be combined with, or become incorporated in, any other document;
2.1.3 to keep all copies of the Document secure and to maintain accurate and up to date records of the number and locations of all copies of the Document;
2.1.4 to include the copyright notice of the Licensor on all entire and partial copies you make of the Document;
2.1.5 not to provide or otherwise make available the Document in whole or in part in any form to any person without prior written consent from the Licensor.
2.2 You shall permit the Licensor and its representatives, on reasonable advance notice once per annum, to inspect and have access to any premises at which the Document is being kept or used, to the computer equipment located there, and to any records kept pursuant to this Licence, for the purposes of ensuring that you are complying with the terms of this Licence.
3. LIMITED WARRANTY AND EXCLUSION OF LIABILITY
The Licensor does not guarantee that the information in the Document is error-free or warrant that the Document will meet your requirements or that the operation of the Document will be uninterrupted or error-free. The Document is provided on an "as is" "as available" basis without warranty of any kind, either express or implied or statutory, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the results and performance of the Document is assumed by you. In no event will The Licensor be liable for any damages, including, without limitation, incidental and consequential damages and damages for lost data or profits arising out of the download or use of the eBook or the inability to use it. The entire liability of The Licensor shall be limited to the amount actually paid by you for the Document license.
4. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Document anywhere in the world belong to the Licensor, that rights in the Document are licensed (not sold) to you, and that you have no rights in, or to, the Document other than the right to use them in accordance with the terms of this Licence.
5. TRANSFER OF RIGHTS AND OBLIGATIONS
5.1 This Licence is binding on you and the Licensor, and on the Licensor's respective successors and assigns.
5.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
6.1 The Licensor may suspend or discontinue providing the Document to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
6.2 Neither Party will disclose to any third party details of this Agreement or any of the negotiations undertaken in relation to this Agreement without the prior written consent of the other.
6.3 Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically. Notices to you shall be deemed to have been properly given on the date posted, if posted; on the date first made available, if displayed electronically; or on the date received, if delivered in any other manner. Notices to the Licensor should be sent to firstname.lastname@example.org.
6.4 The Licensor will use personal information collected about you for the purposes of (a) providing access to and use of the Document to you including inserting a watermark into the Document, (b) providing customer support, billing and other similar activities related to the Document, and (c) keeping you informed about products, services, offers and upcoming events and to improve our services. The Licensor may also provide personal information about you to third parties for the purpose of providing you with direct marketing offers which the Licensor thinks may be of interest. If you do not wish to receive information about other products, services, offers and events, notify The Licensor in writing.
6.5 Save for the owners of any intellectual property supplied by The Licensor, no third parties shall acquire any rights under this Agreement and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
7. LAW AND JURISDICTION
This Licence, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.