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IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THE ALTRIX RETRIEVER™ SERVICE
ALTRIX RETRIEVER™ SERVICE TERMS
| 1 | Definitions And Interpretation | |
| 1.1 | In these terms and conditions the following terms have the following meanings: “Agreement” means the Retriever Service Terms, the Website Terms and the Registration Form; “Altrix Service Agreement” the agreement for the provision of testing services and other services between you and us specified in the Registration Form; “Altrix Service” means the testing services and other services agreed to be provided by us to you under the Altrix Service Agreement; “Data” means data (which may include “personal data” for the purposes of the Data Protection Act 1998) about an individual in respect of whom you wish to use the Altrix Service and which you provide to us under or in connection with the Retriever Service; “Hardware” means one bar-code scanner; “Registration Form” means the “Registration Form for Access to Altrix RetrieverTM” completed by you and submitted to us; “Retriever Service Terms” means these “Altrix RetrieverTM Service Terms; “Retriever Service” means Altrix’s online test booking, results and reporting service available by means of the website at the URL http://retriever.altrix.com (but for the avoidance of doubt excluding any Third Party Content, as defined in the Website Terms); “System Administrator” means a systems administrator authorised to use the service on your behalf as identified in the Registration Form and as changed in accordance with clause 4.2; “User” means a person authorized to use the Retriever Service on your behalf in accordance with clause 4.2.2; “We” “Us” and “Our” mean Altrix Healthcare Plc (a company registered in England and Wales with company number 03573098) whose registered office is at St James Court, Brown Street, Manchester M2 2JF; “Website Terms” means the terms and conditions for use of the Website available at the Website; “Website” means the website at the URL www.altrix.com; “You” and “Your” mean the customer identified in the Registration Form. |
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| 1.2 | Terms defined in the Website Terms shall have the same meaning in this Agreement. Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement. Any reference to a clause shall (unless expressly provided otherwise) be a reference to a clause of these Retriever Service Terms. | |
| 1.3 | The words "include", "includes", "including" and "included" and like words and expressions will be construed without limitation unless inconsistent with the context. | |
| 2 | Agreement | |
| 2.1 | This Agreement comprises, and the Retriever Service is subject to, the terms of the Registration Form, the Retriever Service Terms and the Website Terms. In the event of any conflict, the following order of precedent shall apply: (i) the Retriever Service Terms; (ii) the Website Terms; and (iii) the Registration Form. | |
| 2.2 | For the avoidance of doubt, the Altrix Service shall continue to be subject to the Altrix Service Agreement, and nothing in the Agreement shall amend or be deemed to amend the Altrix Service or the Altrix Service Agreement. | |
| 3 | Registering To Use The Retriever Service You may apply to use the Retriever Services by completing the Registration Form and submitting it to us by facsimile to the number specified in the Registration Form. We reserve the right to accept or reject your application at our discretion (but will use our reasonable endeavours to confirm whether we accept or reject your application as soon as reasonably possible). |
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| 4 | Using The Retriever Service | |
| 4.1 | Licence to Use | |
| 4.1.1 | If we accept your application to use the Retriever Service, we grant to you a non-exclusive, royalty free, limited right to access and use the Retriever Service through the Website only for the purposes of and in connection with your use of the Altrix Service. | |
| 4.2 | System Administrators and Users | |
| 4.2.1 | If we accept your application to use the Retriever Service, we will allocate usernames and passwords to each of the System Administrators for them to access and use the Retriever Service through the Website. | |
| 4.2.2 | The System Administrators may, from time to time, request that additional Users be permitted to access and use the Retriever Service through the Website on your behalf. We reserve the right to accept or reject your request at our discretion (but will use our reasonable endeavours to confirm whether we accept or reject your application as soon as reasonably possible). If we accept your request, we will allocate usernames and passwords to each of the Users for them to access and use the Retriever Service through the Website. | |
| 4.2.3 | You are responsible for making sure that the registration details for each of the System Administrators and Users is accurate, complete and up-to-date. | |
| 4.2.4 | The Retriever Service may only be used by Systems Administrators and Users authorized by us. You are responsible for any use of the Retriever Service using any usernames and/or passwords that have been allocated to any Systems Administrators and/or Users, for keeping such usernames and passwords confidential and for logging out of the Retriever Service at the end of each session. You must let us know immediately if you become aware of or suspect any unauthorised use of the Retriever Service and/or any usernames and passwords. | |
| 4.2.5 | You must email us at the address set out in the Website Terms if you want to: (a) change or remove any of the System Administrators and/or Users; (b) add new System Administrators and/or Users; (c) change any registration details of any of the System Administrators and/or Users; or (d) change any of the usernames and/or passwords allocated to any of the Systems Administrators and/or Users. |
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| 4.2.6 | We will use reasonable endeavours to make such changes and allocate new usernames and passwords as appropriate as soon as reasonably possible. We reserve the right to change any usernames and/or passwords, but will use reasonable endeavours to notify you as soon as reasonably possible before doing so. | |
| 4.3 | Provision of Hardware | |
| 4.3.1 | If we accept your application to use the Retriever Service, we shall provide you with the Hardware free of additional charge. If we agree to provide you with any additional or replacement Hardware, we may charge you for such Hardware. Hardware will be delivered to your address specified in the Registration Form. Risk and title in the Hardware shall pass to you on delivery. | |
| 4.3.2 | We will use reasonable endeavours to provide the Hardware to you with the benefit of the manufacturer’s warranty (if any). However, we do not give any warranties in respect of the Hardware (including any warranty of compatibility with software or other hardware, merchantability, fitness for purpose on non-infringement) and provide the Hardware to you “as is”. | |
| 4.4 | Access to the Retriever Service | |
| 4.4.1 | You are responsible (at your own cost and expense) for providing internet access and any equipment and software necessary for you to access the Website and use the Retriever Service (including an internet-ready PC/Laptop computer, adequate virus protection software, Adobe reader software and Microsoft Excel software) and making sure that it is in good working order and suitable for use in connection with the Website and the Retriever Services. | |
| 4.4.2 | We will use our reasonable endeavours to make the Retriever Service available for you to use. However, from time to time the Retriever Service may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of any telecommunications network. We do not give any promise that the Retriever Service will be available for you to use, will continue uninterrupted or error-free or will remain unchanged. | |
| 4.5 | Use of the Service | |
| 4.5.1 | You agree to access and use the Website and the Retriever Services in accordance with the Agreement (as changed or amended from time to time). | |
| 4.5.2 | We shall provide the System Administrators identified in the Registration Form with such training in the use of the Retriever Service as we, in our discretion, deem reasonably necessary. We reserve the right to make an additional charge to you for any other training or any training for any other System Administrators and/or Users, but will agree the scope of the training and the charge with you first. | |
| 4.5.3 | You are responsible for making sure that any Data and other information that you submit to us using the Service is accurate and complete, and we are not obliged to verify the accuracy or completeness of that Data or information or to correct any errors. We shall not be responsible for any inaccuracy or incompleteness of any Data and other information submitted to us by you. | |
| 4.6 | Monitoring your use You consent to us monitoring, intercepting and keeping a record of your use of the Retriever Service and using such records: |
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| 4.6.1 | to ascertain your compliance with the Agreement and law; | |
| 4.6.2 | to establish the existence of facts to ascertain compliance with regulatory or self regulatory practices or procedures that apply to us or to ascertain or demonstrate the standards which are or ought to be achieved; or | |
| 4.6.3 | to investigate or detect the authorised use of the Retriever Service and to ensure the effective operation of the Retriever Service as a consequence. | |
| 5 | Data Protection | |
| 5.1 | You warrant and represent to us (and it is a condition of this Agreement) that you have all necessary consents to process any and all Data using the Retriever Service and that you will control and process that Data (and procure that the System Administrators control and process that Data) in accordance with the Data Protection Act 1998. | |
| 5.2 | You will fully indemnify and hold us harmless from and against any and all losses, damages, claims, costs and expenses (including legal expenses) suffered or incurred by or awarded against us as a result of or in connection with your breach of clause 5.1. | |
| 6 | Intellectual Property Rights Any and all patents, copyright, trade marks, rights in designs, know-how, ideas, concepts and technology (in each case whether or not registered and existing in any part of the world) in or arising from the Retriever Service and/or the Website and/or our published specifications and/or literature belong to us and you have no right to the same except as specified in the Agreement. |
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| 7 | Warranties And Liability | |
| 7.1 | We cannot guarantee the confidentiality or security of any information transmitted over the internet or by means of any telecommunications network. | |
| 7.2 | Nothing in this Agreement will limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any other liability that may not be limited or excluded under English law or for a breach of your statutory rights. | |
| 7.3 | Except under clause 7.2, we shall not be liable for any loss or damage suffered or incurred by you in relation to the Website or the Service unless, at the time that we accepted your Registration Form, that loss or damage was a reasonably foreseeable result of the relevant negligence or failure to comply with the Agreement. | |
| 7.4 | Subject to clauses 7.2 and 7.3, our total aggregate liability to you in respect of all causes of action arising out of or in connection with the Agreement (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise) shall not exceed £50. You acknowledge that since the Retriever Service and the Hardware are provided free of charge, this represents a reasonable allocation of risk. | |
| 7.5 | Neither you nor we shall be liable for any failure (other than a failure to pay money) to comply with our respective obligations under the Agreement to the extent that such failure results from circumstances beyond our respective reasonable control. | |
| 8 | Termination You may terminate this Agreement at any time by emailing us at our email address set out set out in the Website Terms. We may terminate or suspend this Agreement at any time by contacting you at the address set out set out in the Registration Form. Upon termination of this Agreement for any reason, you shall immediately cease using the Service. |
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| 9 | Changes To The Agreement | |
| 9.1 | We reserve the right to change or amend the Agreement from time to time. Any changes or amendments will be notified to you by updating the Agreement on the Website (effective from the date that the Agreement is updated on the Website) or by written notice to you (effective from the date of the notice). You are responsible for checking the Website for any changes or amendments to the Agreement. | |
| 9.2 | If you do not accept any changes or amendments to the Agreement, you may terminate your registration as set out in clause 8 above. | |