GTC operates and manages the services of the licensed statutory undertakers, Independent Pipelines Ltd (IPL), Quandrant Pipelines Ltd (QPL), GTC Pipelines Ltd (GPL), Independent Power Networks Ltd (IPNL), The Electricity Network Company Ltd (ENC), Independent Water Networks Ltd (IWNL) & Open Fibre Networks Ltd (OFNL) who operate under code powers. This document sets out the terms under which GTC is prepared to provide you with access to the GTC Plant Enquiries web service.
In these terms and conditions, the following terms shall have the meanings allocated to them:
3.1 These terms and conditions govern your use of GTC Plant Enquiries and by using GTC Plant Enquiries you accept these terms and conditions (and all other terms and conditions governing use of the GTC website) on your own behalf as an individual and as an agent on behalf of the relevant Organisation for which you are working and you, as an individual, hereby warrant and represent that you are duly authorised to do so. If you disagree with these terms and conditions, or any part of these terms and conditions, you must not use GTC Plant Enquiries. 3.2 These terms and conditions may be updated from time to time by GTC without notice to you. The updated terms and conditions will be published on GTC Plant Enquiries and GTC will indicate clearly the date that the terms and conditions were last updated. Your continued use of GTC Plant Enquiries following any amendments constitutes your acceptance of the amended terms and conditions. It is your responsibility to regularly check the terms and conditions to determine if there have been any changes and to review such changes. 3.3 Where the provisions of these terms and conditions conflict with any other terms and conditions governing the use of the GTC website, these terms and conditions shall prevail. 3.4 Nothing in these terms and conditions shall govern the obligations as a Statutory Undertaker, governed under licence.
4.1 In consideration of your acceptance of these terms and conditions (and subject to these terms and conditions) we grant you a non-exclusive, non-transferable right to access and use GTC Plant Enquiries and display, print off, copy, store and use such of the Data as you are entitled to access under these terms and conditions but solely for your Organisation's internal business purposes. 4.2 You shall (i) keep your User Name and Password confidential (ii) exit from the account at the end of each session and (iii) comply at all times with these terms and conditions (and any other relevant terms and conditions) when accessing GTC Plant Enquiries. Where you are the Organisation, you acknowledge that you are responsible for the actions of each of your Authorised Users when using GTC Plant Enquiries. 4.3 Where we become aware, or suspect, that any Organisation or Authorised User is acting in breach of these terms and conditions we may require that the Organisation or such Authorised User cease accessing and using GTC Plant Enquiries. Where we notify an Organisation of this, the Organisation shall cease use of GTC Plant Enquiries and/or shall ensure that the relevant Authorised User immediately ceases to use GTC Plant Enquiries on its behalf. 4.4 You agree to notify us, as soon as is reasonably practicable, of any unauthorised use of any User Name and/or Password linked to your account or any other breach of security relating to GTC Plant Enquiries or the Data. 4.5 Access to GTC Plant Enquiries is subject to the Administrator providing us with such information as we may reasonably require from time to time to verify your identity and status and to determine those parts of GTC Plant Enquiries to permit you to access. 4.6 GTC shall, where possible, give you notice of any planned outage to GTC Plant Enquiries and provide details of the expected duration of the outage. Where an unplanned outage occurs, GTC will use its reasonable endeavours to inform you as soon as possible by email, and will advise when the service has been resumed. 4.7 You acknowledge and agree that GTC Plant Enquiries and the Data may comprise third party- owned data, as well as data owned by GTC. GTC will use its reasonable endeavours to ensure that the Data and GTC Plant Enquiries are, where relevant, regularly updated. 4.8 GTC may disable an Organisation's (or any Authorised User's) User Name and Password, at its sole discretion, at any time without notice.
5.1 You shall only access and use GTC Plant Enquiries in respect of Data: that you have been granted a right to review by the Administrator. 5.2 By accessing GTC Plant Enquiries you warrant that you are the Organisation (or one of its Authorised Users) or an Authorised Third Party / Consultant. 5.3 You must inform us as soon as reasonably practicable if you are no longer entitled to have Data provided to you as set out in Clause 5.1 above.
6.1 You shall: a) only use GTC Plant Enquiries and the Data for the purposes set out in Clause 5 and shall not access, search, view, copy, reproduce, republish, download, post, broadcast or transmit GTC Plant Enquiries or the Data except to the extent expressly permitted in these terms and conditions; b) not modify, adapt, alter or create any derivative work from GTC Plant Enquiries, the Data or any part thereof and shall not use or permit any third party to use GTC Plant Enquiries, the Data or any part thereof for sale, resale, loan, transfer, hire or any other form of exploitation for any form of payment; c) not make GTC Plant Enquiries available to any person and, without limiting the generality of this, you shall not (i) display any part of the GTC Plant Enquiries or any website from which it may be accessible on a public bulletin board, ftp (File Transfer Protocol Site), world wide web site, or chat room or (ii) create any links to GTC Plant Enquiries or any website from which it may be accessible from time to time or (iii) display any part of GTC Plant Enquiries or any website from which it may be accessible to a third party company, including direct or indirect Competitor, Partner or Contractor of GTC; d) keep GTC Plant Enquiries and the Data confidential and not supply or distribute any copy (electronic, paper or otherwise) of the Data to any person other than your employees within your Organisation; e) not breach the security of or gain (or attempt to gain) access to our network, systems, software or files other than other than those to which you are permitted access under these terms and conditions; f) not use GTC Plant Enquiries in such a way as to restrict or inhibit the use and enjoyment of GTC Plant Enquiries by us or any third party and in particular you shall not seek to introduce any viruses or other electronic contaminants to our computer systems and shall maintain suitable virus checking/prevention and security facilities to prevent viruses or other electronic contaminants entering either our or your computer systems and to prevent breaches of security of or network attacks on our or your computer systems; and g) only use GTC Plant Enquiries and the Data in accordance with all applicable laws and regulations and the requirements of all competent regulatory authorities.
7.1 We are not charging any registered licensed Statutory Undertaker for access to GTC Plant Enquiries but nothing in this Agreement shall prohibit us from introducing charges to unlicensed registered Organisations in the use GTC Plant Enquiries in the future. 7.2 In the event that we wish to charge an Organisation for access to GTC Plant Enquiries we shall provide the Organisation with reasonable notice of the same (including notice of the charges that will apply). The Organisation shall, within seven Business Days of receipt of such notice, notify us as to whether such charges are acceptable or whether it wishes to terminate this Agreement.
8.1 No warranty is given by GTC that the access to GTC Plant Enquiries or the Data itself will be: a) suitable for any particular requirement of yours or for any particular use by you or for use under any specific conditions (notwithstanding that such requirement or use or conditions may be known to us); or b) compatible with your hardware equipment or software environment.
8.2 Notwithstanding anything else contained in this Agreement but subject to Clause 8.3 GTC shall not be liable to the Organisation, its Administrator or Authorised Users for any: a) direct loss (including loss of goodwill, reputation, profits, revenue, business or business opportunities or anticipated savings); or b) economic, special, indirect, incidental or consequential loss or damage whatsoever even if advised of the possibility thereof arising out of or in connection with these terms and conditions, GTC Plant Enquiries or the Data and whether arising in tort (including without limitation negligence), breach of contract, breach of statutory duty or otherwise.
8.3 You hereby agree to indemnify GTC and keep us fully and effectively indemnified on demand against any loss, costs, liabilities, actions, proceedings, claims (including all legal costs and any compensation costs and disbursements paid by us to compromise or settle any claim) and expenses awarded against or incurred or suffered by GTC which are the consequence or arise out of any breach by you (and where you are the Organisation, any breach by your Administrator or Authorised Users) of these terms and conditions. 8.4 Each party warrants to the other that is shall comply at all times with the provisions of the Data Protection Act 1998. 8.5 Nothing in this Agreement shall limit or exclude any party's liability for death or personal injury resulting from their own negligence or that of its employees, agents or subcontractors or for fraud or for any other liability not capable of exclusion or limitation by law. 8.6 Subject to Clause 8.4 and 8.5 all conditions, warranties, terms, representations and undertakings whether implied, statutory or otherwise, in respect of the subject matter of these terms and conditions (including without limitation GTC Plant Enquiries and the Data) and which are not expressly made in writing in these terms and conditions are hereby expressly excluded to the extent permitted by law. In particular, GTC expressly excludes any term as to satisfactory quality, compliance with description, fitness for a particular purpose, non-infringement, compatibility, security and accuracy or supply with any particular level of care and skill.
9.1 Nothing in this Agreement shall restrict our right to withdraw GTC Plant Enquiries or any component part included in it and we shall notify you of such withdrawal as soon as it is reasonably practicable for us to do so. Where withdrawal arises otherwise than (i) as a result of any breach of these terms and conditions on your part (including where you are the Organisation on the part of your Administrator or Authorised Users) or (ii) following termination of this Agreement pursuant to clause 9.2, we shall use reasonable endeavours to minimise the duration of any such withdrawal. 9.2 We may terminate this Agreement with regards you and/or your Organisation (i) by giving one month’s prior notice in writing to you to that effect at such contact address or email as you may have notified to us or (ii) immediately if we have reason to believe that you (or where you are the Organisation your Administrator or any Authorised User) have acted in breach of this Agreement. On termination of the Agreement pursuant to this clause 9.2, we shall permanently disable your Username and Password (and where you are the Organisation, the Username and Password of each of your Administrators and Authorised Users). 9.3 On the expiry or termination of this Agreement for any reason all rights and obligations of the parties under these terms and conditions shall automatically terminate except for such rights of action as shall have accrued prior to such termination and any obligations which expressly or by implication are intended to come into or continue in force on or after such termination. To be clear all of the licences granted under these terms and conditions shall automatically terminate on the expiry or termination of this Agreement but your obligations and the restrictions on your use of the Data shall continue in full force and effect.
You hereby acknowledge and agree that all Intellectual Property Rights and other similar rights subsisting in or used in connection with GTC Plant Enquiries and the Data as a whole and in the components of GTC Plant Enquiries belong to and shall remain vested in GTC (or an affiliate) or its licensors and that, save as provided in this Agreement, you shall not acquire any interest in or rights to such Intellectual Property Rights. You shall ensure that our copyright notices are included in any copy of the Data made by you in accordance with these terms and conditions.
11.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales. 11.2 This Agreement is personal to you and you may not assign, hold on trust or otherwise transfer it in whole or in part without our prior written consent. It does not create any right enforceable by any person who is not a party to it. 11.3 The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity shall not constitute a waiver of such provision right or remedy or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver but shall apply solely to the instance to which such waiver is directed. 11.4 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 11.5 This Agreement sets forth the entire understanding between the parties regarding the subject matter of it. Each party irrevocably and unconditionally waives any right it may have arising out or in connection with any condition, warranty, representation or other statement not contained in this Agreement unless it was made fraudulently.
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Woolpit Business Park
Bury St Edmunds
Suffolk, IP30 9UP,