Terms and Conditions Governing the use of the Phillips McDougall Website
1. Role of Phillips McDougall
Phillips McDougall, agree to provide access to the Phillips McDougall website in order to supply to the client all subscribed components of the website as and when they are released by Phillips McDougall. Phillips McDougall will also assist the client with any reasonable data requests or further explanations of issues related to the Crop Protection and Agricultural Biotechnology Industries. It is understood that for larger data requests it may be necessary to charge a fee for the time allocated, this will only be undertaken with the consent of the client and will be covered by a pre-arranged protocol.
Any advice rendered by Phillips McDougall, unless otherwise agreed by us, is solely for the benefit of the Client and must be kept confidential. This advice may not be relied on by the Client and their agents and may not be disclosed to any other third party or announced publicly unless there is a legal or regulatory obligation to disclose or announce it or otherwise agreed by Phillips McDougall. Such advice may not be used or relied on by any other third party without Phillips McDougall prior written consent. The information and analysis presented in any report or presentation made by any member of Phillips McDougall will represent the best and most correct understanding of Phillips McDougall at that time. The information contained in the reports and in any additional communications will constitute the best judgement of Phillips McDougall as of the date of the report and are subject to change. Phillips McDougall do not accept any liability for any loss, damage or any other accident arising from the use of any information supplied.
2. Authority and Confidentiality
Phillips McDougall is entitled to assume that the signatory to the order form has the authority within the client company to enter a contract for subscription, or has been authorised by a director or senior executive of the company. The data contained within the website will become the property of the client company but may not be passed on to any other organisation or individual without the written permission of Phillips McDougall.
The data and analysis presented in the Phillips McDougall website, all its constituent parts and any additional information supplied as part of this contract is covered by Copyright and may not be copied or passed on to any persons outside the client company. Limited printing of the sections contained within the website is allowed for internal communications within the client company.
The product is supplied on either an individual basis or companywide licence basis; the form of licence granted will be made clear on the order form and/or subsequent invoice. It is expressly forbidden for any data contained within the Phillips McDougall website or any part thereof to be posted on the Internet or passed to a third party without the written permission of Phillips McDougall.
3. Payment
Annual subscription fees will be paid in advance. The client agrees to pay subscription fees within 90 days of the date of invoice. At the end of the subscription period an invoice will be sent to the client inviting subscription for a further year.
4. Claims
No member of Phillips McDougall will be liable to the Client or to any third party or be the subject of any claim from the Client or any third party in connection with any loss or liability directly or indirectly arising out of use of the Phillips McDougall website (a “Claim”), except to the extent that the Claim arises directly out of the gross negligence or the wilful misconduct of that member of Phillips McDougall. The liability of Phillips McDougall for professional negligence or any other claims is limited to the extent of £1,000,000.
5. Termination
Phillips McDougall reserve the right to terminate any subscription by thirty days prior written notice. However, the fee provisions and clauses 3, 4 and 5 of these terms shall survive any such termination.
6. Governing Law
The provision of the information within the web site and these terms are governed by Scottish law and the Client and Phillips McDougall irrevocably submit to the jurisdiction of the Scottish courts in connection with any matter arising out of them.