Extranet Terms
1 – Terms and Conditions and Acceptance
1.1 – These terms and conditions (the “Terms”) apply to the use of the NATS’ extranet service (the “Site”) which is owned and operated by NATS Limited (incorporated as a Company in England and Wales under registered number CRN:3155567) whose registered office is at 4000 Parkway, Whitely, Fareham, Hampshire, PO15 7FL (“NATS”, “we”, “our”, “us”).
1.2 – By clicking on the “LOG ON” button the individual user (“you”, “your”) acknowledges that you have read these terms controlling the use of the Site and you agree to comply with these Terms. If you do not accept these Terms you are not authorised to use the Site. Any use of the Site indicates your agreement to these Terms.
A company given access to this Site may have entered a related confidentiality agreement (“the Confidentiality Agreement”). Where there is any conflict between these Terms and the Confidentiality Agreement unless otherwise agreed in writing, the Confidentiality Agreement will prevail.
1.3 – For the avoidance of doubt, each Company given access shall be responsible under these Terms for the users it authorises to access and use the Site.
1.4 – NATS reserves the right to amend these Terms at any time by posting changes online. You will be deemed to have accepted any changes to these Terms on the first occasion when you use the Site after the publication of the amended Terms.
2 – Access to the Site
2.1 – NATS regulates access to the Site or any part of it by assigning each user different access levels. Your ability to access areas of the Site and certain materials on it will depend upon the access level provided to you. We reserve the right to change your access level to the Site at any time with or without notice to you.
2.2 – At all times you agree to access the Site and the materials accessible on and via it in accordance with these Terms and your access level permissions.
2.3 – You shall not interfere or attempt to interfere with the proper operation of our software or any service being delivered through the Site. You must not attempt to gain unauthorised access to our computer system or the computer system(s) of any other user. You may not take any action which does or may cause our service to users to be interrupted or degraded.
2.4 – You shall not grant access to the Site to any third party or to any other user who already has access to the Site by providing or sharing usernames and/or passwords provided for your sole use. It is a condition of your use of the Site that you shall not use the Site or the information contained therein for any unlawful purpose or purposes prohibited by these Terms.
3 – Ownership
3.1 – All intellectual property rights and goodwill relating to the Site and its design belong to us or to third parties. Any content placed on the Site by NATS will belong to us. You may not use our content for any purpose other than for the purpose for which it has been provided for on the Site. Unless we indicate otherwise you must not copy, distribute, reproduce, republish, download, display, post or transmit the Content in any form or by any means including, but not limited to, electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner.
3.2 – If you make a copy of any part of the Site that contains our content or that of third parties, you must ensure that each copy contains all and any intellectual property rights notices that appear on or are embedded within the original.
3.3 – You may access and use the Content and this Website for your own and your company’s own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
3.4 – Nothing in these Terms shall grant you any right, title or interest in or to any Intellectual Property and goodwill of NATS and/or any other third party. By submitting any information in an electronic format, including documents or other electronic material to the Site you grant to NATS the right to access and copy and unless stated otherwise, amend such material to the extent reasonably necessary to achieve the purpose of why you were granted access to the Site.
4 – Content
4.1 – We are not responsible whatsoever for any material not created by or on behalf of NATS which has been loaded onto the Site. You, by accepting these Terms are stating that you have consent to use and upload the material which you upload to the Site.
4.2 – We accept no liability for any material not created by or on behalf of NATS which has been loaded onto the Site or is accessible via the Site that contains information which may be considered defamatory or unlawful in any way. We reserve the right to remove any document which in our sole discretion we consider to be defamatory or unlawful in any way, regardless of whether we have received a complaint to that effect.
4.3 – None of the documents or other materials accessible by use of the Site constitutes an offer to contract and no contract can be formed based on any content in the site without express approval by other means. We do not accept responsibility for any document which is lost or corrupted due to user error, transmission failure or error, or for any other reason whatsoever.
5 – Confidentiality
5.1 – You recognise that by using the Site you may receive trade secrets and/or confidential or proprietary information of NATS of or third parties including but not limited to information concerning business plans, customers, suppliers, services, intellectual property and financial results (“Confidential Information”).
5.2 – You agree not to use the Confidential Information for any purpose other than the purpose for which it is made available on the Site and for which access has been authorised by the company you represent and agree not to divulge any Confidential Information received, to any of your colleagues/employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the party to whom it belongs except as may be required by law or any legal or regulatory authority.
5.3 –This obligation will survive the termination of these Terms for a period of 5 years or, in respect of a particular item of Confidential Information, until such earlier time as that item of Confidential Information reaches the public domain other than through the receiving party’s own default.
6 – Third Party Linking
6.1 – You may not frame or link or otherwise associate yourself with the Site without our express permission. Any link from the Site to other web sites is provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us of that linked web site and does not mean that we have any association with the owners or operators of that web site. Accordingly, we are not responsible for the content of any such linked web sites.
7 – Responsibility for transmissions and use of the Site
7.1 – You are solely responsible for the content of any of your transmissions through the Site and any content which you may post on the Site. You agree not to use the Site, its content or the services provided by it for illegal purposes and that your use of the Site will not interfere with or disrupt computer networks or systems connected to, supporting or hosting the Site.
7.2 – You must not use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Site, or any of the Content, without our prior written permission.
7.3 – You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site;
7.4 – You must not use the Site for transmitting any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.
8 – Warranties and Liability
8.1 – Downloading from the Site is at your own risk and you must carry out all necessary virus checks. Materials on the Site are provided on a “as is” basis and NATS makes no express or implied representation or warranty:
8.1.1 – that the Site will be available for access all the time, or at any time on a continuous uninterrupted basis or as to the operation, quality, functionality or accessibility of the Site. Whilst NATS endeavours to correct errors and omissions as quickly as possible, we do not accept liability for any such errors or omissions;
8.1.2 – as to the accuracy, completeness, fitness for any particular purpose or currency of the information and/or material accessible on or through the Site and request that wherever possible and relevant, you verify data which is available on the Site with an independent source; and/or
8.1.3 – that the Site and/or any material accessed via it is free from viruses or anything else that has contaminating or destructive properties including but not limited to where such viruses or other programmes result in loss of or corruption to your data or other property. NATS will not be liable for any data lost or any equipment or software replaced by you as a result of you using the Site.
8.2 – Except in respect of death or personal injury caused by negligence, fraud or fraudulent misrepresentation committed by or on behalf of NATS or as expressly provided for in these Terms, NATS shall not be liable to you for any claim, to the extent that the same is or can be characterised as a claim for (or arising from):
8.2.1 – loss of profits or anticipated savings, loss of goodwill or injury to reputation, loss of business opportunity, loss or corruption of data;
8.2.2 – increase in costs and expenses,
8.2.3 – the claims of third parties or any other indirect, incidental, consequential loss or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort (including negligence);
8.3 – Clause 8.2 above applies regardless of whether NATS knew or had reason to know of the possibility of the loss, injury or damage in question.
9 – Indemnity
9.1 – You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Site, your breach of these Terms, or your breach of any rights of third parties.
10 – Personal Information and Data Processing
10.1 – NATS may register information about you so that you shall be able to use the Site. By accepting these Terms you consent to our processing your personal data for Site management and administration purposes and to make such data (other than password details) available to other users of the Site and to the transfer of your information to a country or territory outside the EEA if necessary for these purposes.
10.2 – The Site is designed so that accurate records are maintained of all documents and other materials accessed via it. By accepting these Terms you consent to our monitoring and recording your use of the Site, to our retaining such records for so long as we deem necessary and to making this information available to third parties in connection with any audit of or dispute in connection with any matter for which the Site is or was being used.
10.3 – To the extent that NATS or you is considered a data processor (“Data Processor”) under the Data Protection Act 1998 (the “Act”) of any personal data (“Personal Data”) stored or processed on or using the Site, then each of us undertakes:-
10.3.1 – to process all such Personal Data in accordance with instructions from time to time of the Data Controller and these Terms;
10.3.2 – to ensure that we have appropriate organisational and technological measures in place to safeguard against any unauthorised access, loss, destruction, theft, use or disclosure of, the Personal Data;
10.3.3 – to take reasonable steps to ensure the reliability of any of our employees who have access to the Personal Data;
10.3.4 – to not transfer Personal Data outside the EEA without prior consent; and
10.3.5 – to demonstrate to the Data Controller, or its agents, on reasonable notice that the above obligations are being complied with.
10.4 – Where you are the Data Processor you hereby grant us the power to appoint sub data processors of the Personal Data on substantially the same terms as set out above.
11 – Password/PIN
11.1 – The Site encrypts all content sent to or from it. Access to the Site will only be permitted to someone with an authenticated username and password and thereafter will depend upon the access levels granted to such user.
11.2 – You are responsible for ensuring that your User ID and password remain confidential so that they cannot be used by any unauthorised person and for preventing unauthorised persons from using your User ID and/or password. You must not disclose or show your password to any third parties or use your password for any purpose connected with the improper use of the Site, including accessing or attempting to access other parts of the Site for which you do not have access rights.
11.3 – You shall take all reasonably necessary action to avoid a third party becoming aware of or gaining access to any information concerning all or any part of the Site, its security codes and procedures. You shall immediately advise NATS of any violation or suspected violation of this clause.
11.4 – NATS reserves the right to edit and/or amend passwords or issue new usernames at any time by giving notice to you. If you wish to change your password you may do so online at the Site.
12 – Security
12.1 – NATS will use reasonable endeavours to ensure that the Site is secure and will use all reasonable endeavours to prevent unauthorised access to the service. We operate a secure data network protected by industry standard firewall, anti-virus and password protection systems. However, we do not guarantee that any information displayed on or transmitted over the Site has not been interfered with by any third party.
13 -Cookies
13.1 – When you first visit the Site we may send you a cookie. A cookie is a small file that can be placed on your computer’s hard disc for record keeping purposes. This cookie is used to tell the Site that you are a registered user and will indicate that you have accepted these Terms. This will mean that you will not have to accept these Terms each time that you use the Site using the computer that has the cookie on it, unless we require you to accept an updated version of these Terms. You are not obliged to accept a cookie from us, or any other web site, and may modify your browser so that it will not accept cookies at your discretion. Further information on the law concerning the use of cookies and how they may be removed from your system can be found at http://www.aboutcookies.org.
14 -Termination
14.1 – We reserve the right to suspend or terminate access to the Site and to terminate these Terms at any time. Any such suspension or termination of access or termination of these Terms (howsoever caused) will not affect the accrued rights or liabilities of either party to this agreement.
15 – Severance
15.1 – If any provision of these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced. If any of such provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
16 – Faults
16.1 – If you discover any fault, please advise our IT helpdesk as soon as possible using the contact details set out on the Site or via your usual NATS contact.
17 – Entire Agreement
17.1 – These Terms (together with the documents referred to herein to which the party which you represent in using the Site is party) contain the entire agreement between NATS and you with respect to your access to the Site and you acknowledge that you are not accessing the Site in reliance upon any representation or statement not expressly set out in these Terms and with the exception of any such statements and/or representations made fraudulently, you shall have no remedy against NATS in respect of any misrepresentation (whether negligent or otherwise), untrue statement or otherwise.
18 – Miscellaneous
18.1 – None of the rights under these Terms may be assigned, transferred or sublicensed by you without the prior written consent of NATS. Nothing in these Terms shall be deemed to constitute a partnership between NATS and you or between any users of the Site nor shall it constitute that any party to these Terms is an agent of any other party for any purpose. These Terms do not create any rights enforceable by any person or entity not a party to them.
19 – Law & Jurisdiction
19.1 – These Terms will be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with these Terms.
By clicking on the “LOG ON” button below you signify your acceptance of these Terms. If you do not agree to these Terms you are not authorised to access this Site.