Terms and conditions: Online software

1.1

If you are completing the application form to download software on behalf of your company or organisation, by sending the application to us, you are confirming that:

1.1.1   your company or organisation is a Member of TRADA and agrees to these Terms and Conditions; and

1.1.2   you are authorised to submit the application and agree to these Terms and Conditions on its behalf, and you are not exceeding your authority.

1.2   

If you are completing this application form on your own behalf, by sending it to us, you are confirming that you are a Member of TRADA and you are agreeing to these Terms and Conditions.

1.3

In either case you are agreeing to our use of your personal data in accordance with our Privacy Policy.

1.4

Please read these Terms and Conditions; they are important. The software may only be used in accordance with them. Any use of the software that is not in accordance with these Terms and Conditions will be an infringement of intellectual property rights. If you do not agree to them do not download or use the software.

1.5

We may change these Terms and Conditions at any time without giving notice, so please check them whenever you wish to download any software. Any change will apply in relation to the use of any software downloaded after that revision has been published on this website.

1.6

Subject to Condition 1.14 below, Members of TRADA may, provided they comply with these Terms and Conditions, download an electronic file containing the software.

1.7

We grant the Member a personal, non-exclusive and non-transferable licence to use the software, in executable code, in the course of its normal business activities in connection with the timber trade.

1.8

The Member may not sub-license the use of any of the software, make it available to anyone else (except its employees), or use it for the purposes of providing a bureau service, or any application services.

1.9

The Member may not copy the software except incidentally to use it in accordance with these Terms and Conditions, or to make a reasonable number of back-up copies. The Member may only use a back-up copy by substituting it for the original copy of the software downloaded from this website, and each back-up copy must be kept in a secure place, in the Member's possession and under its control at all times.

1.10

The Member must ensure that each and every copy of any of the software that it makes bears the copyright and other proprietary notices on the original copy of the software supplied via this website. Those notices must not be removed, obliterated or modified.

1.11

The software must not be modified or incorporated in any other software. If the software is modified, we will have no liability or responsibility in relation to it.

1.12

Except as permitted under the European Software Directive or any legislation implementing that directive, the software may not be reverse engineered or decompiled to determine any design structure, concepts or methodology behind it, or to incorporate the software in any other software or product, or for any other purpose.

1.13

The software is available only to Members of TRADA. Please click here if you are interested in joining.

1.14

As soon as anyone ceases to be a member of TRADA, or TRADA withdraws the licence under Condition 1.15 below, the Member or ex-Member must stop using the software and must delete all copies of it from its systems and destroy all back-up copies.

1.15

We reserve the right to withdraw the licence at any time, without providing reasons.

2.1

We make no representation and give no warranty that any software is error-free or that it will run without interruption. We accept no liability for any loss or damage caused by any errors in the software.

2.2

If the Member finds any error in the software, it must let us know immediately by contacting: membership@trada.co.uk . We will endeavour to provide the Member with a replacement copy of the software but we do not warrant that any error can or will be corrected.

2.3

The Member and each user should independently verify the results of using any software before relying on them. The software is not intended to address any particular requirements; and is not intended to be relied upon when making (or refraining from making) any decision. The use of the software is not a substitute for the exercise of professional judgement. If the Member or any user is not qualified or experienced enough to make that judgement, it should take professional advice.

2.4

The Member is responsible for ensuring that its computer systems are suitable to access and use the software. We do not warrant that any software will be free from viruses or other code that might be harmful. The Member is responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

3.1

We provide the software free of charge. It is provided on the basis that neither TRADA nor any member of the BM TRADA Group of companies has any liability for that information or material.

3.2

We have no liability for the inability of anyone to access or download any software.

3.3

We do not exclude or limit our liability for death or personal injury caused by our negligence or for any fraud on our part, or for any liability that cannot be excluded by law.

3.4

Subject to Condition 3.3, we will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of the software, or your inability to use it (whether that loss is direct or indirect).

3.5

All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law.

3.6

We make no representation and give no warranty that the software is appropriate or available for use in locations outside the United Kingdom.

3.7

If the use of the software is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the United Kingdom you must satisfy yourself that you are lawfully able to use the software. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of the software by anyone outside the UK.

4.1

No delay, neglect or forbearance on our part in enforcing any provision of these Terms and Conditions will be, or be deemed to be, a waiver or in any way prejudice any of our rights.

4.2

If any provision of these Terms and Conditions is (for any reason), held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and Conditions, and they will continue in full force and effect.

4.3

These Terms and Conditions are governed by English law and the Member agrees to submit to the non-exclusive jurisdiction of the courts of England and Wales. The place of performance will be England.

4.4

No addition to or modification of any provision of these Terms and Conditions will be binding unless made in writing and signed by our duly authorised representatives. "Writing" includes e-mail.

4.5

These Terms and Conditions together with our Privacy Policy and your application form contains the entire agreement and understanding relating to the Member's and its users' use of the software. They supersede any earlier agreements, understandings or arrangements (whether oral and written) relating to that subject matter. The Member acknowledges that the software is not being downloaded or used on the basis of any statement, representation, warranty or other provision except those expressly contained or referred to in these Terms and Conditions. Nothing in this Condition limits or excludes our liability for fraud.