“CUSTOMER.NATS.CO.UK” TERMS AND CONDITIONS
NATS (“we”, “us” or “our”) provides the following information for the use of the www.customer.nats.co.uk website (the “Website“)
Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing any registration with us and/or submitting any information to us on the Website, you agree to be bound by the Terms and Conditions.
1. Use of the Website
1.1 Service
The service in the use envisaged by this license is development software and is offered on an “as is” basis. The service, therefore, is not suitable for reliance in a safety critical or operational environment. NATS does not warrant that the service will meet the licensee’s or the user’s requirements, be fit for any particular purpose or that the operation of the service will be uninterrupted or error-free or that defects in this product will be corrected.
1.2 About NATS
Our address is:
Corporate and Technical Centre
4000 Parkway
Whiteley
Fareham
Hants
PO15 7FL
1.3 Eligibility
You warrant that any personal information which you are required to provide when accessing or using certain sections of the Website is true, accurate and current in all respects. If your personal information changes you must notify us immediately by updating your personal profile through the Website.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.4 Privacy
We may retain data about you which we obtain as a result of your visiting our Website. We may use that information to provide you with details of services (whether provided by us or others) which we believe may interest you. We also may provide this data to other members of the our group of companies (that is NATS Limited and NATS (Services) Limited, any subsidiary, holding or associated companies and any other companies in which NATS Limited has an interest) so that they may provide you with details of products or services they believe will be of interest to you. We will not provide your data to other third parties, unless required to do so to comply with our regulatory or legal obligations.
Any details which you provide to us from which we can identify you are held and processed in accordance with the Data Protection Act 1998, and in accordance with these terms and conditions of use of this Website. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
1.5 Information About How We Use Cookie
Our Website uses 2 cookies. A cookie is a small file of letters and numbers that we will place on your computer if you agree. The cookies we use are “analytical” cookies and session cookies. They allow us to recognise your device, to count the number of visitors to our Website and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily. Read more about the individual cookies we use by clicking here. By registering to use this Website and accepting these terms and conditions, you consent to us using cookies in the manner described in this condition 1.4 and the Cookies Policy.
1.6 Language
Any contractual or legal relationship between you and NATS shall be concluded in English.
1.7 Accessing Our Site
In order to access the Website you must provide an email address and any personal information required to access the Website.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Access to our site requires a user identification name and password and may require other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
1.8 Changes to Our Site
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
2. Complaints
If you wish to complain about any matter in respect of the Website please contact NATS’ Company Secretary’s Office on the following number +44 (0) 1489 615294 (open 9.00am – 5.00pm, Monday to Friday) or email [email protected].
3. Accuracy of Information
We attempt to be as accurate as possible when publishing information on the Website. However, to the extent permitted by applicable law, we do not warrant that product descriptions, colours, data or other content available on the Website will meet your requirements, are accurate, fit for any particular purpose, available, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (the “Content”) is the property of NATS, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of NATS, our affiliates, our licensors or our partners in the UK and other countries, and are protected by UK and international trade mark laws. Any other Trade Marks not owned by us, our affiliates, our partners or our licensors that may appear on the Website are the property of their respective owners who may or may not be affiliated with or connected to us.
Except as set forth in the limited licence in Section 5 below, or as required under applicable law, neither the Content, Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
5. Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website including making a single, electronically stored transient copy of the Content for the purpose of viewing the Web page. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
5.1 The limited licence set forth in this Section 5 does not include the right to:
(a) modify or download the Website or its contents (except caching or as necessary to view Content); or
(b) make any use of the Website or its Content other than for personal use; or
(c) create any derivative work based upon either the Website or its Content; or
(d) collect information for the benefit of another party; or
(e) forward information to another party; or
(g) use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
(f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
5.2 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website:
(a) may link to, but not replicate, our Content; but
(b) may not imply that we are endorsing such website or its services or products; and
(c) may not misrepresent its relationship with us; and
(d) may not contain Content that could be construed as distasteful, obscene, offensive or controversial, and may contain only Content appropriate for all ages; and
(e) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and
(f) may not use any Trade Mark without express written permission; and
(g) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
5.3 Any unauthorised use by you of the Website terminates the limited licence set forth in this Section 5 without prejudice to any other remedy provided by applicable law.
6. Third Party Links
6.1 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced Content, product, service, or supplier.
6.2 Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions.
6.3 You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
7. Uploading Material to Our Site
7.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you warrant that any such content shall not be offensive or be intended or likely to cause any person harassment, alarm or distress. You agree to indemnify us for any loss, damages or costs incurred by us as a consequence of your contribution not complying with this standard.
7.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
7.4 We have the right to remove any material or posting you make on our site.
8. Submissions
8.1 We welcome inquiries or feedback on the content of the Website. However, it is not our policy to respond to unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any enquiries, feedback, suggestions, ideas or other information you provide us (collectively “Submission”) will be treated as non-proprietary and non-confidential.
8.2 By transmitting or posting any Submission you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that you Submission may not be returned and we may use your Submission and any ideas, concept or know-how contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
8.3 If you make a Submission you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
9. Viruses, Hacking and Other Offences
9.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10. Representations, Warranties and Limitation of Liability
10.1 The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
10.2 We do not give any advice, make any recommendation or endorsement as to any investment, adviser or other service.
10.3 You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any:
(a) interruption of business; or
(b) access delays or access interruptions to the Website; or
(c) data non-delivery, misdelivery, corruption, destruction or other modification; or
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; or
(e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites you accordingly acknowledge that it is your responsibility to take precautions to ensure that this Website and whatever third party website(s) you select for your use is (are) free of viruses, worms, trojan horses and other items of a destructive nature; or
(f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
(g) events beyond our reasonable control.
10.4 Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
10.5 In no event shall our maximum aggregate liability exceed one hundred pounds Sterling (£100.00). Some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such countries our liability is limited to the maximum extent permitted by applicable law.
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
12. Disputes
12.1 To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in London except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts and you consent to exclusive jurisdiction and venue in such Courts.
12.2 Arbitration under this Agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
12.3 To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate Court or other judicial body in London, and all applicable provisions of this Section 12 shall apply.
13. General
13.1 You acknowledge and agree that these Terms and Conditions, together with our Cookie Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.
13.2 If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
13.3 No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
13.4 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
13.5 We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
13.6 We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
13.7 We reserve the right to remove or edit any materials or content on the Website at any time. We will not be liable to you or any third party by reason of our removing or editing content on the Website; refusing to process a submission or suspending any processing of any submission after processing has begun.
13.8 If you have any questions regarding these Terms and Conditions please contact the Company Secretary’s Office, at the following number +44 (0) 1489 615294, or by email at [email protected]
14. Governing Law
Your use of this Website shall be governed by English law, and by accessing the Website you submit to the exclusive jurisdiction of the English Courts.