The British Standards Institution
BSI IDENTIFY USER TERMS
USE OF THE BSI IDENTIFY WEB PAGE AND ACCESSIBLE SERVICES, SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS (the “TERMS”). EACH TIME YOU VISIT THE BSI IDENTIFY WEB PAGE AND USE THE ACCESSIBLE SERVICES AS A USER, YOU ARE AGREEING THAT YOU WILL ACCEPT AND WILL BE BOUND BY THESE TERMS.
PLEASE READ THESE TERMS CAREFULLY EACH TIME YOU VISIT THE BSI IDENTIFY WEB PAGE OR USE ANY OF THE SERVICES. THEY FORM A LEGAL AGREEMENT BETWEEN YOU AND BSI, AND THEY MAY BE REVISED AT ANYTIME.
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions apply to these Terms: BSI: BSI Standards Limited a company incorporated in England and Wales (company number 07864997), whose registered office is 389 Chiswick High Road, Chiswick, London, WE 4AL.
BSI Identify: the publicly accessible online database and system for cataloguing Building Components by assigning each Building Component a UPIN based on certain features such as the specification, manufacturer, supplier, and origin of the Building Component.
Building Component: each individual part and material used in the UK built environment (i.e., homes, offices, shops, road, railways, schools, and hospitals).
Contributor: the organisation that subscribes to use BSI Identify to record information about the Building Components it manufactures.
Contributor Data: the data provided/transferred to BSI by or on behalf of the Contributor which will be integrated into and form a persistent record in the BSI Identify database.
Derived Data: means any data adapted, modified, or derived from the Contributor Data.
Intellectual Property Rights: any and all present and future, patents, inventions, know- how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.
Users: an individual who accesses the BSI Identify webpage or accessible services in an individual capacity or on behalf of an entity whether as part of a paid subscription or any free for public use of the BSI Identify services made available by BSI.
UPIN: the universal persistent identification number that is generated by BSI and assigned to each Building Component that can subsequently be used to obtain and trace information about the Building Component from the Contributor Data that forms part of the BSI Identify database.
Virus: any code or malware whose purpose is to disable a computer or network or adversely affect its performance such as a computer virus, worm, 'trojan horse', back door or similar item which may impair or otherwise adversely affect the operation of any computer or network, prevent or hinder access to any program or data, impair the operation of any program or the reliability of any data (whether by re-arranging within the computer or any storage medium or device, altering or erasing, the program or data in whole or part or otherwise).
1.2 The clause headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.
1.5 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.6 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. CONTENT OF BSI IDENTIFY
2.1 User acknowledges and agrees that BSI Identify is intended to be a, persistent (although persistence cannot be guaranteed), and publicly available source of data attached to UPINs generated by BSI and that the accuracy, completion, or availability of Contributor Data and any Derived Data is the responsibility of the Contributor.
2.2 Where Contributor Data includes product certification data, Contributor is solely responsible for such data and any required updates to reflect any product changes that impact the certification information.
2.3 BSI Identify may also contain information about Building Components that are obtained from multiple sources or relevant organisations in addition to the Contributors which together support the traceability of such Building Components and User acknowledges that the form of any User generated reports may be amended, modified or enhanced by BSI from time to time.
2.4 User acknowledges that the accuracy of the BSI Identify database will rely on the input of the Contributor, subscribers to BSI Identify, and other third parties and BSI shall have no liability for the information updated or submitted to the BSI Identify database even where it provides the tools or support for such submissions.
2.5 The Contributor Data hosted by BSI as part of BSI Identify, and all worldwide Intellectual Property Rights in it, are the exclusive property of the Contributor.
3. USER RIGHTS
3.1 User’s rights are limited to the right to review, access and research information related to Building Components or such other purpose for which BSI may make BSI Identify available for from time to time.
3.2 User shall not have the right to modify, translate, reverse engineer, disassemble or decompile any portion of BSI Identify.
3.3 The User shall not have the right to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available BSI Identify to any third party in any way; or (ii) “frame” or “mirror” any content from BSI Identify on any server or wireless or internet-based device.
3.4 BSI reserves the right to make changes to any part of BSI Identify that it deems necessary or useful without any notification to the User.
3.5 Except as expressly set forth herein, no express or implied licence or right of any kind is granted to the User regarding BSI Identify or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to BSI Identify.
4. ACCESS AND AVAILIABILITY OF BSI IDENTIFY
4.1 BSI shall have no obligation to make BSI Identify accessible to the User on an uninterrupted basis and the database may be unavailable to Users from time to time for different reasons including for planned and emergency maintenance.
4.2 Where BSI requires registration for an account in order to provide access to BSI Identify, the information provided by User shall be complete and accurate. The confidentiality and security of any account profile or unique access details provided to User shall be personal to User and not shared with anyone else unless authorised by BSI.
4.3 BSI shall use reasonable endeavours to diagnose and fix reported issues or answer any questions related to BSI Identify that are communicated to BSI, but does not guarantee that the User will receive a particular outcome.
5.1 User assumes sole responsibility for results obtained from the use of BSI Identify and for conclusions drawn or decisions taken from such use and any reliance on the results obtained from the use of BSI Identify is at User’s own risk. BSI does not warrant the suitability, accuracy or completeness of the data available from BSI Identify.
5.2 BSI Identify is provided and made available “as is” and all warranties, representations, conditions and all other terms of any kind whatsoever, implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
5.3 BSI does not represent or warrant that any defects identified will be corrected or that BSI Identify will be uninterrupted, error free, free from Viruses or other harmful components, or meet the User’s specific requirements.
6. LIMITATION OF LIABILITY
6.1 BSI shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise in connection with User’s use of or access to BSI Identify or any content accessible from BSI Identify, for any loss, injury, claim, liability, or damage of any kind, incurred or brought by User or a third party including loss of profits, loss of business, depletion of goodwill and/or similar losses, loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising. BSI's total aggregate liability to User shall be £100 to the extent the foregoing limitation of liability fails of its essential purpose or is prohibited.
6.2 Nothing in these Terms limits any liability which cannot legally be limited, including, but not limited to, liability for:(i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liabilities which cannot be excluded by statute.
7.1 User agrees to indemnify and hold BSI, its officers, directors, agents, employees, Contributors or any other third-party information providers to BSI Identify, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any breach by User of any of these Terms or the misuse of BSI Identify.
No failure or delay exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
9.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
10. ENTIRE AGREEMENT
10.1 These Terms incorporate by reference any notices displayed or provided when the User accesses BSI Identify and constitutes the entire agreement between BSI and User (without prejudice to any paid subscription terms) for using the BSI Identify webpage and the accessible services, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the use of the BSI Identify webpage and accessible services.
11. THIRD PARTY RIGHTS
These Terms do not confer any rights on any person or party, other than BSI and the User.
12. GOVERNING LAW
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. BSI and User irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.