Custom Alerts - Terms & conditions
Please read this carefully. By subscribing to Custom Alerts you agree to these terms and conditions – if you do not agree with them you should not subscribe. If you have any questions please contact customalerts@business-humanrights.org.
We recommend that you print a copy of these terms and conditions for your records.
I. Definitions
A. “Custom Alerts” means the information service involving notices sent by email to its paid subscribers by the Resource Centre. Further details about the Custom Alerts are set out at: http://www.business-humanrights.org/CustomAlerts
B. "Information" means any information contained in the Custom Alerts, except publicly available content which may be accessed through the Custom Alerts or the Resource Centre’s websites (http://www.business-humanrights.org and http://www.reports-and-materials.org) via links to third party sites on the internet.
C. "Resource Centre” means the Business & Human Rights Resource Centre, a charity registered in England & Wales (charity no. 1096664) and 501(c)(3) tax-exempt non-profit organisation in the USA, including the two websites that it operates, http://www.business-humanrights.org and http://www.reports-and-materials.org.
II. Permitted use & restrictions
A. As a subscriber, you may receive and display Custom Alert emails and the Information; store them in electronic form (but not on any server or other storage device shared on a network); and include them in internal reports and/or reports to customers on an occasional and infrequent basis. As a subscriber, you may also access parts of our website that allow you to manage your subscription via your username and password. We allow you access to these areas of the site on the basis that your username and password are personal to you and may not be used by anyone else.
B. You may not republish, redistribute, syndicate or publish the Custom Alert emails or the Information regularly or frequently, either internally within your business (for example, as part of an information dissemination service or on a company Intranet) or externally (for example, within client reports or briefings). You may not use the authority granted in paragraph II.A above as a substitute for other users to subscribe to the Custom Alerts.
C. You may not use or reproduce our name, logo or other trade marks without our express prior permission.
D. Requests for permission to use the Custom Alerts or the Information in any way not expressly permitted by these terms and conditions should be sent to customalerts@business-humanrights.org.
E. The software that operates our websites and the Custom Alerts is proprietary and you may not use it except as expressly allowed under these terms and conditions. You may not copy, reverse engineer, modify or otherwise deal with the software.
III. Payment & transactions
A. All payments must be made in advance in US Dollars, Euros or British pounds sterling, as selected by the subscriber upon subscribing.
B. You agree to pay the subscription price for the Custom Alerts to the Resource Centre; payment shall be made using your credit card (details of which are provided to the Resource Centre on subscription) or by other mutually agreed means. In addition, you shall be responsible for all applicable sales, value-added and other such taxes or duties (including withholding tax) payable in respect of this Agreement. The subscription price is set out on the pages which contain our subscription process - click here to access these. As specified on the linked pages, you may be able to subscribe at a discount if another person in your company or organisation has subscribed at full price. Such discounts will only be available to new subscribers or annual renewals so long as at least one person in your company or organisation remains subscribed at full price.
C. You can take out either an annual or a monthly subscription. Monthly subscriptions paid by credit card will automatically renew as described in paragraph IV.C. The Resource Centre will notify you in advance of any price increases.
IV. Term, termination & renewal
A. Term: All subscriptions to the Custom Alerts shall begin on the date of payment online by credit card or upon activation by us following receipt of other payment, subject to renewal and termination as described in the next two paragraphs
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B. Termination: The Resource Centre may terminate any subscription to the Custom Alerts at our option, with or without cause, by delivering notice to you. If we terminate your subscription without cause, we will refund you for the unused portion of the subscription period. Annual subscribers may terminate their subscription and receive a refund for the unused portion of the subscription period within 14 days after any material change to these terms and conditions pursuant to Section IX below.
C. Renewal: Monthly subscriptions paid by credit card will automatically renew until the user terminates or the credit card is no longer valid, whichever comes first. Monthly subscribers may halt renewal of their subscription at any time by notifying us at least 14 days prior to the end of their subscription period. Annual subscriptions will be renewed at the subscriber’s option.
V. Limited warranty, disclaimer, limitation of liability & force majeure
A. What we can guarantee: The Resource Centre shall develop and operate our websites and the Custom Alerts with reasonable skill and care and has reasonable security procedures in place.
B. What we cannot guarantee: We expressly disclaim any warranties concerning the accuracy, completeness or timeliness of the information and services provided, including links to outside websites, or their fitness for a particular purpose.
We attempt to select useful information to include on the our websites, and to ensure that the resources we include on these sites, including hyperlinks to other websites -- as well as the way we have described them -- are, on the whole, fair, and balanced. However, we do not exercise any editorial control over the information in the other websites to which we link, and cannot guarantee their factual accuracy. Custom Alerts notify subscribers of items added to the Resource Centre’s websites; we use intelligent human filtering rather than software to determine what to add to the websites, which are not a comprehensive resource on any one topic.
We also do not endorse any of the organisations or companies linked to in the Custom Alerts or the Information, or on our websites, or their missions. The opinions set forth in the materials linked to by the Custom Alerts and on our websites are those of the organisations, companies and individuals who have authored those materials and do not necessarily reflect the opinions of the Resource Centre.
The Resource Centre does not provide investment or legal advice. Information received through the Custom Alerts or our websites should not be relied upon for financial or legal decisions. Ultimately, you must evaluate and verify as you deem appropriate any information obtained from or through the Resource Centre and determine what use to make of it.
C. Limitation of liability: In no event will the Resource Centre be liable for special, incidental, punitive or consequential damages (including, without limitation, damages for loss of data or business information, loss of business profits, business interruption, legal fees or other pecuniary loss) arising directly or indirectly from the use (or failure to use) or reliance on the Custom Alerts, the Information or materials on websites to which we link.
D. Remedies: We shall use reasonable efforts to promptly remedy any faults in the operation of the Custom Alerts or our websites of which we are aware. You agree that your only other remedy for any damages incurred in connection with (i) your use of the Custom Alerts or the Information or (ii) breach of these terms by the Resource Centre and, in each case, not excluded by section V.C, will be recovery of monetary damages not to exceed the amount paid by you to us in respect of the Custom Alerts in the twelve months preceding your claim.
E. Force majeure: The Resource Centre will not be liable or deemed to be in default for any delay or interruption of the availability or delivery of the Custom Alerts resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to failure of software, electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, terrorism or governmental restrictions.
VI. Changes to our websites
The Resource Centre may change, alter or withdraw any part of our websites at any time (with or without notice to you).
VII. Registration, passwords & security
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A. In connection with your subscription to the Custom Alerts, you have a unique user name and password. You must give us certain registration information, including your email address. You agree to keep this registration information updated for as long as you are subscribed. You are responsible for maintaining the confidentiality of your password.
B. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a user name in which another person has rights without such person's authorisation; or (iii) use a user name that we, in our sole discretion, deem offensive.
C. You shall notify customalerts@business-humanrights.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
D. We reserve the right to access your registration and subscription information.
VIII. Privacy.
A. We take seriously the privacy of personal information that you provide us. We do not share any information you provide us in connection with your Custom Alerts subscription with any third parties, provided that we may list the companies and organisations that are subscribed to the Custom Alerts. We only send Custom Alert emails to registered subscribers.
B. We may contact you to inform you of changes or additions to the Custom Alerts, for feedback on our websites and to discuss with you existing or prospective services.
IX. Changes to Terms and Conditions
A. We may change these terms and conditions at any time. We will publish details of any changes to the terms and conditions in the following paragraph, and may also notify you by e-mail of such changes, at our option. You should regularly check this section to see if any changes have been made - by using the Custom Alerts after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Custom Alerts and you may cancel your subscription in accordance with your rights set out in Section IV.
B. These terms and conditions were first published on 4 April 2006. There have been no changes to them since that date.
X. Miscellaneous provisions
A. Indemnification: You agree to indemnify the Resource Centre, its officers, directors, employees & subcontractors from any claims or expenses (including legal fees) due to breach by you of these terms and conditions.
B. Notices: All notices to you will be given in writing to the last email address you have provided to us.
C. Governing law & jurisdiction: These terms and conditions shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the next sentence) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of the Resource Centre, we retain the right to bring proceedings in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.
D. Severability: If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
E. Non-waiver: No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
F. Assignment: You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
