USER ACCESS AGREEMENT
You have been granted access to this HinkleySupplyChain Website by the Organisation and NNB Genco, such access to the HinkleySupplyChain Website is conditional upon your acceptance of the terms and conditions of this Access Agreement. In this User Access Agreement the words “you” and “User” are used interchangeably.
1.1 Access Agreement means this User Access Agreement as entered into by User in order to access the HinkleySupplyChain Website;
1.2 Content means information including all documents, data, text, software, music, sound, photographs, graphics, video, messages and any other materials used in connection with the provision and use of the Hinkleysupplychain Website;
1.3 Intellectual Property Rights means all copyrights and other intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) patents, trade marks, service marks, trade names, design rights, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
1.4 Organisation means the Somerset Chamber of Commerce (registered number 3025825) whose registered office is at Equity House, Blackbrook Park Avenue, Blackbrook Business Park, Taunton TA1 2PX;
1.5 HinkleySupplyChain Website means this NNB GENERATION COMPANY LIMITED HINKLEYSUPPLYCHAIN WEBSITE accessed at www.hinkleysupplychain.co.uk and used by the Organisation, NNB Genco and Users;
1.6 Purpose means the development of potential business opportunities with NNB Genco and the wider EDF group of companies including possible tender and/or contract opportunities;
1.7 NNB Genco means NNB Generation Company Limited (registered number 06937084) whose registered office is 40 Grosvenor Place, London, SW1X 7EN, also referred to in this Access Agreement as “we” and “us”;
1.8 Unauthorised Person means any person who is not a User, NNB Genco or the Organisation; and
1.9 Users means those authorised by the Organisation and NNB Genco to access and use the HinkleySupplyChain Website from time to time.
2.1 All Intellectual Property Rights and other rights in the Content and the HinkleySupplyChain Website (in both machine readable and printed form) belong to or are licensed to NNB Genco or its content and technology providers except insofar as otherwise stated on particular materials or items.
2.2 You acquire no proprietary interest in the HinkleySupplyChain Website or the Content through this Access Agreement, your use of the HinkleySupplyChain Website or its Content (save for any interest you may have in Content which you submit) and may not use the HinkleySupplyChain Website or the Content in any way except as expressly permitted by this Access Agreement.
3.1 NNB Genco grants you a non-exclusive, non-transferable and freely revocable licence to use the HinkleySupplyChain Website to:
3.1.1 display Content on-screen;
3.1.2 make legitimate printouts of Content; and
3.1.3 submit Content directly or via NNB Genco or the Organisation.
This licence shall immediately terminate in the event this Access Agreement is terminated for any reason.
4.1 You are responsible for maintaining the confidentiality of your password and your account, and will be fully responsible for all activities that occur under your password or account.
4.2 Passwords may not be made available to any Unauthorised Persons or to anyone other than the User to whom the account controlled by that password was allocated. NNB Genco has absolute discretion to cancel or suspend any password which it suspects is being used by an Unauthorised Person or otherwise in breach of this Access Agreement.
4.3 You will immediately notify NNB Genco of any unauthorised use of a password or account or any breach of security, and ensure that you exit from the account at the end of each session.
5. User Responsibilities
5.1 You shall be personally responsible for use of this HinkleySupplyChain Website under the user account issued to you and you:
5.1.1 shall read, accept and comply with this Access Agreement;
5.1.2 recognise that accounts are provided to and for use by named individuals only;
5.1.3 shall not allow others to use your user account and shall protect the account by use of an appropriate password;
5.1.4 acknowledge that any misuse of the HinkleySupplyChain Website or its Content which is linked to your account may be attributed to you and/or your respective employer or company;
5.1.5 shall not post any of your personal information or contact details on the Hinkleysupplychain Website or otherwise within the system other than in furtherance of the Purpose and in accordance with the terms of this Access Agreement;
5.1.6 acknowledge that Content may be confidential and/or commercially sensitive and that use or exposure of such Content otherwise than in accordance with the terms of this Access Agreement and in pursuit of the Purpose could cause loss or damage to NNB Genco;
5.1.7 must ensure that any Content loaded, submitted, commented upon, reviewed or otherwise used on the HinkleySupplyChain Website by you, whether directly or indirectly, complies with NNB Genco’s security, confidentiality and data protection policies and any legislation relating to data protection and electronic privacy, as in force from time to time;
5.1.8 acknowledge that material likely to be considered inappropriate and/or cause offence must not be posted on the HinkleySupplyChain Website;
5.1.9 acknowledge that Content submitted or used by you may be construed as your policy or opinion and/or that of your organisation and therefore may be subject to any applicable laws relating to libel; and
5.1.10 shall ensure that you appropriately mark and safeguard documentation which may be subject to specific Intellectual Property Rights and/or any of NNB Genco’s document sensitivity policies;
5.1.11 represent and warrant that you own (or have the relevant rights to) all Content that you submit to the HinkleySupplyChain Website and that such Content is up–to–date, accurate and not misleading in any way and that the use of the Content does not breach any law or the rights of any third parties.
6. Restrictions on use
In using the HinkleySupplyChain Website, you:
6.1 will not use the HinkleySupplyChain Website or Content otherwise than as permitted by this Access Agreement;
6.2 will not use the HinkleySupplyChain Website in any way which results in a breach of any applicable law or regulation;
6.3 will not make the HinkleySupplyChain Website or the Content available to Unauthorised Persons;
6.4 will not exploit for any commercial purposes the HinkleySupplyChain Website or any part of the Content or any derivative works based on the HinkleySupplyChain Website, other than in relation to the Purpose and in accordance with the terms of this Access Agreement;
6.5 will not use the HinkleySupplyChain Website in any way which may infringe any Intellectual Property Rights of any party;
6.6 will not transmit via the HinkleySupplyChain Website any unsolicited or unauthorised advertising or any other form of solicitation;
6.7 will not transmit via the HinkleySupplyChain Website any material that contains software viruses, harmful code, Trojan horses or any other computer code, files or programs;
6.8 obtain or attempt to obtain unauthorised access to the HinkleySupplyChain Website whether for yourself or any other party. This includes accessing data not intended for you, logging into a server or account you are not authorised to access, or probing the security of any system, network, or account, or accessing the HinkleySupplyChain Website by any means other than the interface that is provided by NNB Genco;
6.9 acknowledge that breach of this clause six (6) may constitute a criminal offence resulting in immediate termination of this Access Agreement and that you may be pursued in criminal proceedings; and
6.10 acknowledge that NNB Genco and the Organisation at the instruction of NNB Genco has the right to remove any part of the Content at its entire discretion at any time.
7. DATA PROTECTION
7.1 You will need to be a registered user in order to access and use HinkleySupplyChain Website. NNB GENCO may collect personal information when you register with us and use HinkleySupplyChain Website. By registering with HinkleySupplyChain Website you agree to let NNB Genco use and store your personal data and acknowledge that the Organisation will administer the HinkleySupplyChain Website on behalf of NNB Genco. The registration process requires you to provide us with your business email address, address, contact details, ownership profile and employee profiles and such other data as we may request from time to time. NNB GENCO, and the Organisation on its behalf, may use this information, in accordance with its obligations under the Data Protection Act 1998, to:
7.1.1 provide you with access to and take action in respect of HinkleySupplyChain Website;
7.1.2 contact you in connection with the Purpose, other business opportunities, and other business support advice and information;
7.1.3 evaluate HinkleySupplyChain Website;
7.1.4 monitor diversity;
7.1.5 target resources; and
7.1.6 to carry out other activities in relation to the HinkleySupplyChain Website and the Purpose as permitted by law.
7.2 NNB GENCO may share the information you have provided with other parties including its affiliates and the Organisation. NNB GENCO does not sell or rent your information to others but may send some or all of this information to other companies, organisations or people in the following situations:
7.2.1 agents and partners: NNB GENCO may share your information with third parties and organisations which we employ or with which we co-operate to support business improvement. These agents and partners may use the information in furtherance of the Purpose or to contact you about other business opportunities which may be of interest to you. NNB Genco accepts no liability for the use of your information by any agent or partner.
7.2.2 compliance with law, fraud and risk avoidance: NNB GENCO will release information where it is required or permitted to do so by law or by the regulations and other rules (including auditing requirements) to which it is subject. NNB GENCO may in particular exchange information with other companies and organisations for fraud protection and credit risk reduction; and
7.2.3 consent: Other than to the extent permitted by this Access Agreement NNB GENCO will not share your personal information with third parties without your consent.
7.3 You have the right to ask for a copy of any personal information held by NNB GENCO in its records in return for which you may be charged a fee. You also have the right to require us to correct any inaccuracies in your personal information.
8. Links to Third Party Websites
8.1 Where links in the Content or HinkleySupplyChain Website direct you, or make reference, to a third party website or IT system, NNB Genco is not responsible for its contents or the content of any link supported by such website or IT system. Nor is any endorsement or warranty given or implied as to the content of such websites or IT systems by NNB Genco. Where third party websites or IT systems have restrictions on their use, the User is solely responsible for complying with any such guidelines.
9.1 Information on the HinkleySupplyChain Website may contain inaccuracies or typographical errors. Users are advised that the HinkleySupplyChain Website is designed to facilitate the sharing of information across various organisations and Users. All organisations and Users may have the ability to submit as well as access Content and consequently information may be changed or updated without prior notice.
9.2 NNB Genco shall not be responsible to you or any third party, for the availability of or Content of the HinkleySupplyChain Website and makes no representation or warranty as to the accuracy, validity of appropriateness of use of any of the Content hosted on the HinkleySupplyChain Website.
9.3 NNB Genco has the absolute discretion to suspend or terminate access to the HinkleySupplyChain Website at any time without notice and shall not be liable to any User for any compensation in relation to such a suspension or termination.
10.1 The Organisation or NNB Genco may terminate this Access Agreement with you at any time. In the event that this Agreement is terminated for whatever reason, you must immediately cease using HinkleySupplyChain Website, and NNB Genco reserves the right to suspend your access to the HinkleySupplyChain Website immediately, without incurring any liability to you or your organisation.
11. Indemnity and Enforcement
11.1 You undertake to indemnify NNB Genco and the Organisation against any and all liabilities, claims, demands, judgements, awards, remedies, damages, losses, actions and proceedings whatsoever arising under any statute or at common law of whatever kind and nature and all costs and expenses whatsoever arising out of or in connection with your failure to comply with your obligations under this Agreement.
11.2 Where any application for an interlocutory injunction is made by NNB Genco you agree that monetary damages would not be adequate compensation for a breach of this Access Agreement and that, in addition to all other remedies, the Disclosing Party or such Relevant Person shall, if appropriate, be entitled to injunctive or other equitable relief as a remedy for such breach (whether actual or threatened).
12. No waiver
12.1 No failure or delay by either Party in exercising any of its rights, powers or privileges under this Agreement shall constitute a waiver thereof nor shall any single or partial exercise thereof preclude any further exercise of rights.
12.2 This Agreement shall be binding upon each of the Parties and their successors in title. You shall not assign any rights or obligations under this Agreement without the prior written consent of NNB Genco.
13.1 This Access Agreement and all matters, claims and disputes (whether contractual or non-contractual) relating to it and/or to its subject matter will be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.