FIRST REPORT LIMITED - USER AGREEMENT

Legal Information

First Report Limited ("First Report" - which definition shall also include any person, firm or organisation providing financial or credit data or information to First Report) provides its financial information services ("Services" - which definition shall also include this Web site and all the information and data provided to you via this Web site) to you subject to the following notices, terms and conditions ("Terms")

BY USING THE SERVICES YOU ARE DEEMED TO HAVE ACCEPTED ALL OF THE NOTICES, TERMS AND CONDITIONS THAT APPEAR BELOW AND AGREED TO BE BOUND BY THEM. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

First Report reserves the right to modify all or any part of these Terms or make changes to the Services or to withdraw the Services or any part of them at any time at its own discretion and without notice to you.

It is therefore recommended that you revisit these Terms regularly so that you are aware of the Terms in force at any particular time. You will be deemed to be bound by those Terms prevailing at each time that you use the Services and each such use shall be a separate, discrete transaction based on the then prevailing Terms.

Any service messages which may occasionally be published (other than price and product revisions) and any statements or timings provided by any staff or help menu are intended for informal guidance only and do not form part of your contract with First Report

Warranties, Liability and Disclaimers

First Report provides the Services to you on an "as is" basis. First Report has made efforts to ensure that the information contained in the Services is accurate but does not give any warranty, guarantee or other term or representation of any kind, either express or implied, as to the completeness or accuracy of any such information or the credit worthiness or otherwise of any person, firm, company or other organisation referred to in the Services.

All material provided through the Services is for informational purposes only and must not be interpreted as an endorsement or otherwise of any specific person, firm, company or other organisation by First Report. The information obtained from the Service should be interpreted in accordance with the definitions and explanations of terms which are provided in "FAQ Section and Glossary" available from the Help Menu. The Services are intended to provide one source of information; you should not rely exclusively on the Services but should make your own independent enquiry. In entering into any contract or other arrangement with any person, firm, company or other organisation referred to in the Services, you warrant that the you have taken all such steps as you shall consider necessary or appropriate to verify the credit worthiness or otherwise of such person, firm, company or other organisation. You are advised to exercise the standard of care in selecting or contacting any person, firm, company or other organisation from the Services as would be appropriate in selecting or contacting any other person, firm, company or other organisation with whom you have not previously dealt. The Services neither offer nor purport to offer any advice on any subject, and nothing contained in the Services is intended to be given or taken as advice on any subject.

The Services shall be provided in such manner at such times and in such places as First Report shall from time to time in its absolute discretion determine. First Report reserves the right to modify, alter the nature of or discontinue the Services or any part of the Services without notice.

First Report shall not be liable for any typographical or other errors or omissions in the Services.

Except as may be specifically stated herein, to the fullest extent permitted by applicable law, in no event shall First Report, nor any of its directors, employees or other representatives be liable for any damages, loss or claim of any kind howsoever arising out of or in connection with the use of the Services including (without limitation) compensatory, direct or indirect, special, punitive, consequential or exemplary damages, lost profits, lost sales or business, lost data or inability to use data, loss of or damage to property and claims of third parties irrespective of whether First Report or any of its directors, employees or other representatives has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action including (without limitation) breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, although First Report does not seek to limit its liability for death or personal injury caused by their negligence.

If First Report’s limitation of liability set out in this agreement shall for any reason whatever be held unenforceable or inapplicable in whole or in part, or in the event that a judgment is awarded against First Report arising out of your use of the Services (other than in the case of death or personal injury) you hereby agree that First Report’s entire liability to you or anyone claiming through you, whether in tort or contract, arising out of any one incident or series of connected incidents shall in any event not exceed £2,000 in aggregate or three times the cost of all Reports you have purchased from First Report in the 12 months preceding the date of any claim, whichever is the higher.

By their very nature, some of the facts or opinions you receive from the Services may be open to dispute, particularly by the subject company or its directors, or considered damaging or defamatory. If you breach any of the terms set out in these Terms and Conditions relating to the use of or dissemination of information from the Services, you agree to indemnify in full First Report against all liabilities, claims, costs and expenses which they may incur as a result.

You agree that if you use our debt recovery services you will do so only to facilitate the recovery of money rightly due to you for goods or services which you have provided and for which you have previously invoiced. Your agree that all information you provide to First Report or it’s agents in the context of using our debt recovery services shall be accurate and that you will inform First Report or it’s agents as soon as you are aware of any changes. If you use our services to make or attempt to make malicious, mischievous, fraudulent, or incorrect claims you agree to indemnify in full First Report, its directors, employees, representatives or agents against all liabilities, claims, costs and expenses which they may incur as a result. You confirm that you are authorized to instruct us to recover the debt and are authorized to receive any proceeds. By submitting a debt for collection you agree that we may instruct any agents we consider appropriate and that we or our agents may use any lawful means appropriate. You agree to provide promptly any further information or documentation that we or our agents may request in relation to the debt being recovered. You agree that neither we nor our agents are obliged to take any action and agree that neither we nor our agents will incur any liability for any failure to recover any monies for any reason.

Restrictions on Use of the Services

You confirm that you are registered under the Data Protection Act 1998 for the purposes of accessing and holding information about individuals for the purposes of assessing credit worthiness. You confirm that in accordance with the requirements of the Data Protection Act 1998, if the subject of your search is not a Limited company, it is your standard practice to notify the subject as to the purpose of the search and to obtain the subject's consent to a search being carried out with a credit reference agency which will keep a record of that search and will share information with other businesses. This includes any occasions when you may be making enquiries about the principal directors of a Limited company with a credit reference agency. You understand and agree that if at any time your Data Protection registration is allowed to lapse or is discontinued that you shall not access or attempt to access personal data from this or any other First Report Limited service.

We may make a search with a credit reference agency, which will keep a record of that search and will share the information with other businesses. We may also make enquiries about the principal directors with a credit reference agency.

You are entitled to use the information on the Services for your own private personal use only. You may electronically copy and print in hard copy portions of the Services solely for your own private personal use. You may not use the Services or any part or copy of the Services for any commercial purposes. Any use or reproduction of the Services or any part of the Services (other than private personal use), or any modification, distribution, communication or republication of the Services or any part of the Services without the prior written permission of First Report is strictly prohibited.

Credits or prepayment allows access to services for up to a maximum of 12 months from the date of purchase. When a licence or subscription is purchased it entitles you to access the services covered by the licence or subscription for a maximum of up to 12 months from the date of purchase. When Credits are purchased or a prepayment is made for our services it is understood that Credits or prepayments are not refundable under any circumstances. It is also understood that Credits and prepayment does not guarantee continued availability of any product or service and First Report reserves the right to amend or withdraw any product or service at any time. First Report reserves the right to withdraw or terminate your use of the service at any time if in the opinion of First Report the number of reports taken has exceeded an amount that First Report considers reasonable and in these circumstances First Report may at its own discretion refund the amount you paid for your subscription or licence less an administration fee to cover data costs and administration of 50p for each report accessed by you during the period covered by your subscription or licence up until termination of access.

If credits are added to your account or your licence period is extended or renewed in advance of payment you agree to settle invoices within our standard credit terms which are 14 days from date of invoice. If you have any dispute or query in respect of any invoices you agree to notify us in writing within 7 days of the date of the invoice.

Where you have instructed us to commence formal legal proceedings you agree to pay all disbursements incurred in relation to action taken to recover the debt whether or not the debt is recovered. Where you have instructed us to commence formal legal proceedings you also agree to pay the following charges and VAT at the current rate thereon.

Intellectual Property

The data, information and material contained in the Services, all Web site design, text and graphics and the selection and arrangement thereof and all software used to operate the Services and the trademarks, logos and other intellectual property used in connection with the Services are the property of First Report. No licence of any such intellectual property rights is granted to you as a result of your use of the Services. Other product and company names mentioned in the information provided in the Services may be the trademarks of their respective owners.

General

This agreement constitutes the entire agreement and understanding between First Report and you. It supersedes any previous agreement or understanding and may not be varied except in writing between us. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected.

Any dispute arising under or in connection with this agreement or the Services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The British Computer Society in accordance with the rules of The British Computer Society.

This Agreement shall be governed and construed in all respects in accordance with English law and the parties irrevocably agree to submit to the sole and exclusive jurisdiction of the English Courts. The Services are not directed at people in any other country and should not be relied upon by people of any country other than the United Kingdom. You are responsible for compliance with the laws of your local jurisdiction regarding the use of the Services.