Terms and Conditions for on-line purchasing
Information for End-Users
The Distance Selling Regulations 2000 were implemented to protect End-Users who enter into contracts with suppliers at a distance, where there is no face to face contact such as by post, telephone or over the internet. As a supplier under a distance contract we are obliged to provide you, as the End-User, with certain information about us and the services and products which we provide in this way. This information is set out below and we hope that it, in conjunction with the information pages will answer all your queries. If you have any further queries, please contact us using the contact details below, clearly stating the nature of your query and your details.
1. Applicable Conditions
These Terms and Conditions should be read in conjunction with the "Information Pages" and together make up the Terms and Conditions under which the goods/services shall be supplied ("the conditions").
2. Definitions
“Supplier”:
Health
Protection Agency (HPA), Radiation Protection Division, at Chilton,
Didcot, Oxon, OX11 0RQ
Telephone Number: +44 (0)1235 831600
Fax Number: +44 (0)1235 833891
E-mail: rpd@hpa.org.uk
“End-User”: means a person or organisation who purchases or acquires any the IMBA Professional Plus software.
“Services”: The provision of the IMBA Professional Plus software.
“Software” The IMBA Professional Plus software.
3. Variations
These conditions may only be varied by agreement in writing by the supplier HPA.
4. Delivery
This Software will be despatched in the form of one or two CD ROMS by courier to the End-user.
5. Payment and Prices
a) Payment is required in advance using an approved payment method/card.
b) Prices will be as stated on our website.
c) Prices are reviewed annually and new prices are effective from 1 April each year.
d) Any credits purchased are valid indefinitely
6. Description of Goods/Services
IMBA (Integrated Modules for Bioassay Analysis) is a suite of software modules for internal dosimetry. It implements all of the biokinetic and dosimetric models currently recommended by the International Commission on Radiological Protection (ICRP). It also enables the users to specify their own parameter values and apply sophisticated data handling techniques to their customised internal dose calculations. IMBA Professional Plus consists of a Base Unit and various Add-Ons which increase the functionality of the software.
7. Obligations on End-Users
The End-User will abide by the terms and conditions of the End-User Agreement.
8. Intellectual Property Rights (IPR)
The copyright and all other intellectual property rights in the Software and all material used to generate the Software will remain the property of the Suppliers or other third parties (as appropriate). The End-User will not acquire any rights in respect of the Software other than as expressly provided in these Terms. The End-User shall respect and protect the supplier’s IPR at all times.
9. Cancellation and refunds
For on-line purchases the End-User may give written notice to cancel the order within 7 working days of receiving the software, the goods must then be returned to the supplier and any copies made destroyed. After such cancellation and receipt of the software by the supplier a full refund will be made to the End-User.
10. Complaints
If the End-User is not happy with any aspect of the supplier’s service then please contact the HPA and we will investigate your concerns.
11. Availability of the Service
The Suppliers give no guarantee of the availability of this service.
12 .
Liability
12.1 Nothing in these terms and conditions excludes or limits the liability of the Suppliers for death or personal injury caused by their negligence or for liability for fraud.
12.2 Subject to clause 13.1, the liability of the Suppliers for any breach of these terms and conditions, any negligence or arising in any other way in connection with the provision of Software will not extend to any indirect damages or losses or any loss of contract or opportunity, loss of profit or loss of revenue, whether direct or indirect, even if the Suppliers were aware of the possibility of those losses occurring.
12.3 In any case, subject to clause 13.1, the aggregate liability of the Suppliers for any breach of these terms and conditions, any negligence or arising in any other way in connection with the provision of Software will be limited to £500,000 (five hundred thousand pounds).
13. Law
This contract shall be subject to the laws of England & Wales and the exclusive jurisdiction of the English and Welsh Courts.
HPA/RPD/CAJ/11 April 2008
