WORDBANKSONLINE TERMS AND CONDITIONS OF USE

 

  1. AGREEMENT

ATTENTION: This legal notice applies to the entire contents of the website under the
domain name wordbanks.harpercollins.co.uk (“Website”) and to any correspondence
between us (“Collins”, “Us”, “Our”, “We”) and you (“You”, “Yours”). These terms and
conditions govern the licence granted to You by Us to use the Website (“Agreement”).
Please read the Agreement carefully before using the Website. By accessing any part of
the Website, You shall be deemed to have accepted this legal notice in full. If You do not
accept the terms of this Agreement, do not use the Website. This notice is issued by
HarperCollins Publishers (SC No. 27389) whose registered office is at Westerhill Road,
Bishopbriggs, Glasgow G64 2QT, and shall include Collins’ assigns, assignees and
successors in business. (“Collins”).

The Website means https://wordbanks.harpercollins.co.uk and all other web pages with a
URL starting https://wordbanks.harpercollins.co.uk.The Website services means the on-line
database and associated files of data, (data means any data including text, information and
statistics, (“Data”)), search and retrieval software marketed as Collins WordbanksOnline
(“Services”) and all other content.

  1. COPYRIGHT AND YOUR RIGHTS

(a) The copyright and all other intellectual property in the Website, the Data and the Services
belong to, or has been licensed to, Collins and shall remain with Collins.
(b) You may use Data for non-commercial research purposes only. You may publish
reasonable extracts from the Data in non-commercial research publications but shall not use
the Data for any commercial or other purposes or sell, publish, reproduce, or otherwise
make the Data available in any manner or on any media to any third party for any purpose
(including storing it in any medium by electronic means), unless You have obtained Our prior
written approval. Any breach of this clause will entitle Collins to immediately terminate this
Agreement.
(c) You will acknowledge Collins in all research publications which include Data retrieved or
derived from the Services.

  1. YOUR OBLIGATIONS: USE OF USER IDS

Under Your license with Collins, Collins will allocate unique user name and passwords to
You. (“User ID”).You will maintain a record of the names and contact addresses of the
individuals to whom User ID(s) and associated passwords are disclosed (“the Other
Users”). In the case of a licence granted to a company, the Other Users can only be
directors or employees of the company. In the case of a licence granted to an educational
establishment, the Other Users can only be staff or students of the educational
establishment. You warrant that You will ensure that each and every Other User will abide
by the terms of, and not breach, this Agreement, and You agree that You will be responsible
for any such breach. You will be responsible for unauthorised use of Your User ID(s)
howsoever arising (including use of stolen User IDs), and Collins accepts no responsibility
for any misuse.

  1. AVAILABILITY AND ACCURACY OF INFORMATION

(a) Collins reserves the right at any time to change the content, amount, presentation, user
facilities or availability of any part of the Services and make changes in the software used to
make the Services available at its sole discretion and without notice to You. No such
change shall entitle You to any refund of the Subscription. Whilst Collins endeavours to
ensure that the Website is normally available 24 hours a day, You agree that Collins shall
not be responsible or liable if for any reason the Website is unavailable at any time or for
any period. Access to the Website may be suspended temporarily and without notice in the
case of system failure, maintenance or repair or for reasons beyond the Collins’ control.
(b) Collins makes no representation and gives no warranty express or implied with regard to
the Data or any part of the databases comprising the Services including but not limited to the
fitness of the Data or the databases for any purpose whatsoever, the quality, accuracy,
completeness or correctness of the Data, whether the Data is cleared for inclusion in the
Services or for use or publication by You or whether the Data is obscene or defamatory.
You acknowledge that due to the extremely large amount of Data in the Services, it is
technically impracticable to provide the Services free of faults or defects and Collins does not
undertake to do so. You accept that the Services are provided on an “as is” basis.
(c) You are responsible for accessing the Services, including providing all the equipment
needed to access the Services and paying any Internet or other access charges. Collins
gives no guarantee that the Services will be available to You at any particular time. Collins
will not be liable for any such non-availability. You acknowledge that Collins has no control
over Your access to the Services including access to Your computer terminal, any satellite or
telecommunications facilities and the Internet over which the Services are carried and that
Collins has no liability in relation to such facilities or the failure thereof.
(d) Phone or e-mail assistance provided by Collins to You is provided entirely at Our
discretion. It may not be available at all times and the facility may be withdrawn. Collins
does not warrant and shall have no liability for any advice given by such service.

  1. LIMITATION OF LIABILITY

(a) You agree and acknowledge: (i) that You are in a better position than Collins to predict
and evaluate any potential damage or loss You may suffer in connection with the Services
provided to You under this Agreement and its use thereof; (ii) that Collins cannot adequately
insure its liability to the You; (iii) and that the charges payable under this Agreement have
been calculated on the basis that Collins shall exclude or limit liability as set out in this
clause. You warrant and guarantee that you will insure against, or bear Yourself, any loss for
which Collins has excluded liability.
(b) This Agreement contains express warranties, undertakings and obligations of Collins.
All other conditions, warranties, terms, undertakings and obligations of Collins whether
implied by statute, common law, custom, trade usage or otherwise and all duties of care,
contractual or otherwise, and all liabilities (if any) of Collins arising therefrom are hereby
wholly excluded. This does not affect Collins’ liability for death or personal injury arising
from our negligence, nor Collins liability for fraudulent misrepresentation, nor any other
liability which cannot be excluded or limited under applicable law.
(c) Except as otherwise expressly provided herein, Collins shall not be liable for any loss or
damage (including consequential or indirect loss or damage which shall include but which
shall not be limited to loss of property, reputation or of profit, business revenue or anticipated
savings and loss of or damage to data) or for any costs, claims or demands of any nature
whether asserted against Collins or against the User by any party arising directly or indirectly
out of the use of, access to or withdrawal of the Services the databases comprising the
Services or the Data.
(d) Collins’ liability shall be limited to direct loss suffered by You where such loss arises
solely from Collins’ negligent acts or omissions of its employees in the provision of the
Services provided that (save in the event of death or personal injury resulting therefrom)
Collins’ total liability shall not if any event exceed in respect of any one event or a series of
two or more connected events an amount equal to the Subscription Charges exclusive of
VAT payable hereunder by You at the date the claim arises.
(e) Each provision of this condition excluding or limiting liability shall be construed
separately, applying and surviving even if for any reason one or other of these provisions is
held inapplicable or unenforceable in any circumstances and shall remain in force
notwithstanding the termination of this Agreement howsoever occasioned.

  1. EXCUSABLE EVENTS

Collins shall not be responsible or liable to You for any breach of this Agreement or failure to
provide any of the Services due to any cause beyond its reasonable control including,
without limitation, any act of God, inclement weather, failure or shortage of power supplies,
flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or
omission of Government, highways authorities, public telecommunication operators or other
competent authority, failure of any satellite or telecommunications facilities over which the
Services are carried, failure of the Internet, war, military operations, or riot, difficulty, delay or
failure in production or supply by third parties. If any such event continues for ninety
consecutive days, either party shall be entitled to terminate this Agreement. You will then be
entitled to a refund of a pro rata portion of the annual subscription charges.

  1. PAYMENT TERMS

(a) The subscription charges means the charge for subscription to the Services
(“Subscription Charges”) which may be varied from time to time and are payable in
advance of access to the Services and shall be subject to change by Collins at the time of
any renewal of this Agreement. All Subscription Charges expressed are exclusive of any
taxes which are or may be applicable.
(b) All invoices shall be payable within thirty (30) days. Once payment has been received by
Collins in cleared funds the User IDs will be activated.

  1. TERM AND TERMINATION

(a) Unless terminated, as set out below, the term of this Agreement will be commencing on
the date of this Agreement and will terminate on the date agreed between Us and You. You
can renew the Agreement by returning a renewal notice with the appropriate Subscription
Charge to Collins. Collins will send You the current price list and this will apply to any
renewal.
(b) If You are in breach of any of the terms of this Agreement and in the case of a breach
capable of remedy (which shall not include any breach of clauses 2(b) or 3) having been
notified of any such breach has failed to remedy the same within fourteen (14) days to the
satisfaction of Collins, Collins may forthwith terminate this Agreement without compensation
to You and without prejudice to its rights in respect of such breach.
(c) Collins may terminate this Agreement at any time. Collins’ only obligation in this event
shall be the refund of a pro rata portion of the Subscription Charges.

  1. ASSIGNMENT

This Agreement is personal to You and neither the benefit of this Agreement nor any rights
of access to any of the Services nor any right to use the Data may be assigned, licensed or
otherwise transferred without the prior written consent of Collins.

  1. NOTICES

Any notice, consent, approval or other communication required to be given under the
Agreement shall be made in writing in English and shall be delivered by hand or sent by first
class post to the other party and shall be deemed to have been received (if delivered by
hand) at the time of delivery, or (if sent by post) 48 hours after posting. Any such
communication made by Collins shall be sent to Your address as supplied on registration
and any such communication from You shall be sent to The Corpus Manager, Collins
Language Division, HarperCollins Publishers, 103 Westerhill Road, Bishopbriggs, Glasgow,
G64 2QT, United Kingdom or such other addresses which may have been notified under this
clause.

  1. THIRD PARTY

Nothing in this Agreement is intended to confer on any third party any benefit or right to
enforce any term contained in this Agreement.

  1. GENERAL

(a) This Agreement may be amended by Collins from time to time by updating this posting.
You should check the Website from time to time to review the then current legal notice,
because it is binding on you. Certain provisions of this legal notice may be superseded by
expressly designated legal notices or terms located on particular pages at the Website.
(b) This Agreement shall be governed by English law. All disputes arising from or in
connection with this Agreement shall be subject to the exclusive jurisdiction of the English
Courts and the parties hereby irrevocably submit to this jurisdiction.
(c) If any term of this Agreement is held to be illegal or unenforceable the validity and
enforceability of the remainder shall continue in full force and effect. The provision in
question shall be replaced by a valid and enforceable term which corresponds, so far as
possible, with the original.
(d) Failure by either party to exercise any right or remedy under this Agreement does not
constitute a waiver of that right or remedy.
(e) You hereby acknowledge and agree that You have not entered into this Agreement in
reliance upon any oral or written warranty or representation made by Collins and not
contained in this Agreement and that this Agreement contains the entire understanding of
the parties governing the provision of the Services. This Agreement replaces all terms and
conditions previously applicable to the provision of the Services.

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