Terms & Conditions
By registering as a user and/or accessing any information or other material (the "Information") found in or obtained via any part of this website (the "Site"), you are deemed to have entered into this Agreement with Transport Intelligence Ltd and to have agreed to be bound by the terms set out below. If you have entered into a separate written agreement with Transport Intelligence Ltd governing your access to and use of certain Information, the terms of such agreement shall prevail in respect of such Information if there is any inconsistency with the terms set out below.
1. Scope of License
Permitted Uses. You may display the Information on the screen of a terminal and print one copy of such Information for your non-commercial use. You may also print or download reasonable portions of the Information for use in carrying out your own business management and decision-making purposes. You may, on an occasional and irregular basis, provide insubstantial portions of the Information in memoranda, reports and presentations provided that these insubstantial portions are only made available in print or by secure electronic means to a limited number of individuals within your organization. You must include copyright notices of Transport Intelligence Ltd and its affiliates and suppliers and original source attribution whenever providing any portion of the Information to any other person.
Prohibited Uses. This license is for single user. Except as expressly permitted in clause 1.1, you may not, directly or indirectly, allow any other person to use or share your user name or password, or to have access to the Information. Any breach of this restriction may result in immediate termination of your access to the Information and/or liability for damages. Except as expressly permitted in clause 1.1, you may not (i) reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, local area or wide area network or regularly or systematically store in electronic or print form, all or any part of the Information or (ii) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Information (including use as part of any library, archive or similar service) without the prior written consent of Transport Intelligence Ltd. Any use of the Information not specifically permitted by this Section 1 is expressly prohibited. Requests for permission may be sent to John Manners-Bell, Managing Director, Transport Intelligence Ltd, Brinkworth House, Brinkworth, Wiltshire, UK, SN15 5DH or e-mailed to jmannersbell@transportintelligence.com.
2. Intellectual Property Protection
The contents and design of the Information and the Site, and all materials distributed in conjunction with the Information and the Site, including documentation, are copyright of Transport Intelligence Ltd. All rights are reserved.
3. Fee and Payment
Access to certain Information may be subject to a fee. All payments (including applicable taxes) must be made in full when due.
4. Term and Termination
Transport Intelligence Ltd may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without cause by delivering notice to you.
For any use in breach of this Agreement, Transport Intelligence may terminate this Agreement and your access to the Site and the Information without notice to you. The rights of termination are in addition to all other rights or remedies of Transport Intelligence Ltd provided in this Agreement or by law. In the event this Agreement is terminated, your right to access and use the Information will cease immediately.
5. Changes to these Terms
Transport Intelligence Ltd may at any time at its discretion make changes to any part of the Site including but not limited to the Information available on the Site. Transport Intelligence Ltd may also change the terms of this Agreement (including those relating to your use of the Information). When terms are changed, Transport Intelligence Ltd will notify you by email or by publishing details of those changes on the Site. If you use the Site after Transport Intelligence Ltd has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of this Agreement or after you receive notice of them.
6. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Information, Transport Intelligence Ltd makes no warranty, express or implied concerning the Information and the Site, and expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Transport Intelligence Ltd be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Information or the Site, even if Transport Intelligence Ltd has been advised of the possibility that such damages may arise. Transport Intelligence Ltd does not guarantee the accuracy, content, or timeliness of the Information.
Because some jurisdictions do not allow certain exclusions or limitations of liability for damages, the above limitations or exclusions may not apply to you. However, in no event will any liability of Transport Intelligence Ltd, its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this Agreement, the Site or the Information exceed the amount paid, if any, by you to Transport Intelligence Ltd under this Agreement in respect of the particular Information to which the claim relates. You agree to defend, indemnify and hold harmless Transport Intelligence Ltd from any claims and expenses, including reasonable legal fees, related to any breach of this Agreement by you or any breach of this Agreement by your use of the Site or the Information.
7. Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Information and the Site using your user name, sign-on password, I.D, discount or license fee. You agree to immediately notify Transport Intelligence Ltd if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, license fee or discount or of the Information or the Site.
You will provide Transport Intelligence Ltd with accurate, complete registration information (including your email address) and inform Transport Intelligence Ltd of any changes to such information.
8. Force Majeure
Transport Intelligence Ltd, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Information resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
9. Miscellaneous
Taxes. You shall be responsible for the proper payment of all taxes which may be levied or assessed based on your use of the Information, the Site, or on any payments by you to Transport Intelligence Ltd hereunder, other than Transport Intelligence Ltd's income taxes.
Entire Agreement. Save as expressly agreed to in writing between the parties, any representation, warranty, term or condition not expressly set out in this Agreement shall not apply.
Authority. Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement, and that the person showing assent to this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement.
Advertising, Third Party Content and Other Sites. Parts of the Site may contain advertising or other third party content. Advertisers and Transport Intelligence Ltd's content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Transport Intelligence Ltd will not be responsible for any error, omission or inaccuracy in such material. The Site may contain links to other World Wide Web Sites. Transport Intelligence Ltd is not responsible for the availability of these Sites or their contents
Assignment of Agreement. This Agreement is personal to you and your rights and obligations under it may not be assigned or otherwise transferred. This agreement may be assigned to a third party by Transport Intelligence Ltd.
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.
Severability/Survival/Statute of Limitations. If any provision of this Agreement is invalid or unenforceable, such will not render the entire Agreement unenforceable or invalid but rather the Agreement will be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
