Terms & Conditions
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Terms of Business
1. DEFINITIONS
Agreement means these Terms of Business;
Associated Entity means Inter Scientific Ltd, a company registered in England No. 10841512 any sub-contractor engaged by any of the entities referred in any part of the Agreement;
Background Intellectual Property Rights means any Intellectual Property Rights, other than Foreground Intellectual Property Rights, that are used in the course of or in connection with the provision of the Services;
Client means the name and details provide upon account registration the client’s contracting entity; Confidential Information means information marked in writing as confidential supplied to Pouch Database by Client;
Testing Credits means a pre-purchased credit system for Client to redeem in order to activate the Services;
Deliverables means the tangible final output of the project;
Intellectual Property (or “IP”) means patents, registered and unregistered design rights, copyright, registered and unregistered trademarks and database rights;
Inter Scientific means Inter Scientific LTD, the Associated Entity defined in the Agreement and parent company of the contracting entity or any of its wholly owned subsidiaries who may perform services on behalf of Pouch Database;
Pouch Database means Pouch Database Limited, a wholly owned subsidiary of Inter Scientific;
Project means the services carried out;
Staff means member, employee, agent or consultant of Associated Entity;
Services means the services listed in Clause 4.3 to be carried out by Pouch Database and the Associated Entity;
Term means the time for which Client and Pouch Database are working on the Deliverables.
Turn Around Time means five (5) working from receipt of a sample that arrives before 12pm. Anything after 12pm will be considered on the next working day.
2. Contractual Parties
2.1 This Agreement sets out the terms on which Pouch Database will provide its services to the Client. Pouch Database shall be entitled to subcontract the performance of all or any part of its obligations under this Agreement to any Associated Entity. If any part of any Associated Entity is transferred, then its obligations under this Agreement shall transfer to the purchaser.
2.2 The terms of this Agreement are effective from the outset of Pouch Databases’ relationship with Client in connection with the work contemplated by making an account and filling out details on the Pouch aware website. Pending receipt by Pouch Database of Client’s acceptance of the Agreement, Client’s continued instructions will amount to Client’s acceptance of the terms of the Agreement.
2.3 For UK Trading Standards Bodies only, by accepting the Agreement as mentioned in Clause 2.2, they therefore give consent for Pouch Database to publish the results of all testing to the Pouch aware Website. The Pouch aware database Phase 1 will only be accessible to Pouch Database, Inter Scientific, Trading Standards Bodies, Medicines & Healthcare products Regulatory Agency (MHRA), Office for Product Safety & Standards (OPSS), Health and Safety Executive (HSE), The Advertising Standards Authority (ASA), His Majesty’s Revenue and Customs (HMRC), and Border Force.
2.4 Any advice given to Client or other work undertaken for Client by Staff will be given or undertaken by that person on behalf of Inter Scientific and not in his or her individual capacity. Inter Scientific’s Staff do not owe a personal duty of care nor assume any personal responsibility for the advice or other work.
2.5 Client agrees to indemnify and not to bring any claim in respect of loss or damage suffered by it out of or in connection with Inter Scientific services against any of Inter Scientific’ Staff, Directors, agents or connected parties. This restriction will not operate to limit or exclude the liability of Inter Scientific for the acts or omissions of any such Staff. It is agreed that any such Staff will have the right to enforce this Clause pursuant to the Contracts (Rights of Third Parties) Act 1999.
2.6 Nothing in the Agreement, however, excludes or limits any claim the Client may have against Staff or Agents for fraud.
3. Commencement and Duration
3.1 This Agreement shall commence on the date of acceptance and shall continue until Pouch Database has fulfilled its obligations with respect to the services detailed in the Agreement
Or;
Unless terminated earlier by either party giving at least one month’s notice to terminate.
