BID-BOD STREAMING TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1 Where access to Bid-Bod is supplied to User these Terms and Conditions shall govern access to and use of Bid-Bod.
1.2 The following definitions apply to these Terms and Conditions:
“Affiliates” means entities controlling, controlled by or under common control with Supplier.
“Bid-Bod” means a free, online programme accessible via streaming to Users via the Bid-Bod website. Bid-Bod is protected by copyright.
“Competitor” shall mean a third party that is regularly engaged in the business of developing or marketing products that perform the same or similar functions as one or more of the Modules of the Bid-Bod programme.
“Streaming” means continuous access to the Bid-Bod programme via the Bid-Bod website without downloading. Attempting to save the content or distribute it are illegal acts.
“Supplier” means John Drewry Associates Limited (Company No.1151614). Registered in Engand. Registered office: 71 New Dover Road, Canterbury, Kent CT1 3DZ.
“User” means anybody who accesses the free Bid-Bod online programme via the Bid-Bod website.
User may not publish, transmit, retransmit, disseminate, broadcast, circulate, sell, resell, loan, lease, distribute or transfer Bid-Bod or copies to third parties, nor reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the components of Bid-Bod. User may not reproduce all or any portion of Bid-Bod (except as expressly permitted herein), or modify, translate or otherwise create derivative works of Bid-Bod.
User hereby acknowledges and agrees that all right, title and interest in and to Bid-Bod, and any other related materials are, and shall remain, vested solely in Supplier and its Affiliates, and User shall not hold itself out as having any ownership or other rights with respect thereto.
3 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Access to Bid-Bod is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currency and delays. User agrees that outputs from Bid-Bod will not, under any circumstances, be considered legal or professional advice and are not meant to replace the experience and sound professional judgment of professional advisors in full knowledge of the circumstances and details of any matter on which advice is sought.
3.2 Exclusion of Liability
3.2.1 Neither Supplier nor its Affiliates make any warranty that access to Bid-Bod will be uninterrupted, secure, complete or error free.
3.2.2 Other than in respect of the warranty given in Clause 4.1 Supplier shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with Bid-Bod.
3.2.3 Supplier shall not be liable in contract, tort, delict or otherwise for any loss of revenue, business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with Bid-Bod.
3.2.4 Without prejudice to the generality of clauses 3.2.1 to 3.2.3, in no event shall Supplier, its Affiliates be liable to User for any claim(s) relating in any way to:
(a) User’s inability or failure to perform any work or any decision made or action taken by User in reliance on Bid-Bod; or
(b) any lost profits (whether direct or indirect) or any consequential, exemplary, incidental, indirect or special damages relating in whole or in part to User’s use of or inability to use Bid-Bod even if Supplier or its Affiliates have been advised of the possibility of such damages.
3.2.5 Other than in respect of the warranty given in Clause 3.1 Supplier will have no liability whatsoever for any liability of User to any third party which might arise.
3.2.6 User shall accept sole responsibility for and Supplier shall not be liable for the use of Bid-Bod by User, and User shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
3.3 Limitation of Liability
None of these Terms and Conditions shall operate to:
(a) exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or its Affiliates or the appointed agents or employees of Supplier or its Affiliates whilst acting in the course of their employment; or
(b) affect any statutory rights
3.4 Failures Not Caused by Supplier
Supplier will not be responsible to the extent that Bid-Bod fails to perform due to one or more of the following: (1) the malfunction of software, (2) the malfunction of hardware, (3) User’s negligence or fault, (4) User’s failure to follow any instructions by Supplier.
4.1 Supplier warrants to User that Bid-Bod access does not infringe any industrial or intellectual property rights of any third party.
4.2 User shall promptly inform Supplier if User becomes aware of:
(a) any actual, threatened, or suspected infringement of any intellectual property of Supplier or its Affiliates in Bid-Bod which comes to User’s notice; and
(b) any claim by any third party coming to its notice that Bid-Bod infringes the intellectual property or other rights of any other person or entity.