1. These Terms form the basis on which either Ins-sure Services Limited or LPSO Limited or LPC Limited (as appropriate) (for the purposes of these Terms, together “Velonetic”) will provide the Service to the Organisation.
2. Velonetic will provide the Service to the Organisation from the date hereof until either:
a. the Organisation or Velonetic gives to the other one month’s notice of its desire to terminate the Service; or
b. the Organisation or Velonetic breaches the terms hereof.
3. The Reports will be issued in line with the service availability schedule detailed in the fact sheet for the Service.
4. A charge as detailed in the fact sheet for this Service is payable by the Organisation to Velonetic in consideration for the Service. Charges will be collected via Central Settlement in accordance with the service charge details shown in the relevant fact sheet. A pro-rata charge will apply if applicable.
5. The Organisation agrees that the Reports are provided ‘as is’. Velonetic makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of accuracy of any information or data contained in the Reports, satisfactory quality, or fitness of use for a particular purpose and all such representations, warranties or promises are hereby excluded to the fullest extent permissible by law.
6. The Organisation acknowledges that the Reports and the data within the Reports are provided for internal use within the Organisation and any wholly owned subsidiary or parent thereof and Velonetic hereby grants the Organisation a non-exclusive, non-transferable licence for these purposes. The Organisation may not, without the prior written permission of Velonetic, provide the Reports or data within the Reports, either in whole or in part, to any third party by any means (including electronic transmission and/or hyperlinks). The sale of Reports or the data within the Reports is strictly prohibited.
7. Except as otherwise stated, under no circumstances shall Velonetic be liable to the Organisation for any loss of profit (whether direct or indirect) or for any other direct, indirect, special, exemplary, incidental or consequential damages (including, without limitation, any loss of data, goodwill, business or revenue, or any damage to any information technology) arising out of or in connection with the Service or Reports, the data within the Reports or otherwise.
8. Save for death or injury caused by Velonetic’s negligence where there shall be no limit on liability, Velonetic’s aggregate liability for any claims, losses, or damages arising out of any breach in contract or tort (including negligence) statute or otherwise herein shall in no circumstances exceed the service charge paid for the Service by the Organisation to Velonetic hereunder.
9. The Organisation agrees that the exclusions and limitations of liability in these Terms are reasonable having regard to the circumstances which are or ought reasonably to be known to or in the contemplation of the Organisation at the date hereof.
10. No party may enforce the Terms herein save for the Organisation or Velonetic.
11. These Terms shall supersede any previous licence or terms pertaining to the provision of the Service and the Reports.
12. These Terms shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.