EAST SUFFOLK COUNCIL

PHILIS ONLINE (CED) – TERMS AND CONDITIONS

East Suffolk Council ("ESC") has developed a web-hosted electronic system to facilitate the submission of Common Entry Documents ("CEDs") to any Port Health Authority ("PHA") within England using an on-line portal using one registration process administered by ESC, subject to the Conditions of Use set out below.

Clicking on the "Accept" button [at the bottom of this screen] to access the System implies You have read and accepted the Conditions of Use set out below.

CONDITIONS OF USE

1. Definitions and Interpretation

1.1 In these Conditions of Use, unless the context otherwise requires, the following words and expressions have the meanings given to them:-

'2009 Regulations' means the Official Feed and Food Controls (England) Regulations 2009 (SI 2009 No. 2355)

'CED' means Common Entry Documentation required by the 2009 Regulations

'IPR' means Intellectual Property Rights which include copyright, confidential information, patents, design rights and trademarks

‘Party’ means either You or Us (as the context requires), and ‘Parties’ means You and Us

'PHA' means a statutory Port Health Authority in England

'PHILIS' means Port Health Interactive Live Information System

'Registration' means application for use of the System to and acceptance by Us via the System’s online registration form

‘System’ means the PHILIS Online (CED) software system enabling and facilitating on-line submission of CEDs to PHAs in England

‘We’, ‘Us’ or ‘Our’ means East Suffolk Council of Council Offices, Melton Hill, Woodbridge, Suffolk IP12 1AU, statutory port health authority for the Port of Felixstowe in Suffolk

‘You’ or ‘Your’ means the person or firm who has registered with East Suffolk Council and is requesting access to and use of the System

1.2 References to specific enactments or rules are deemed to include reference to those enactments or rules as amended, re-enacted or replaced from time to time.

1.3 Reference to the singular includes the plural and vice versa, and to any gender includes any other gender.

2. Licence

2.1 Pursuant to the requirements of the 2009 Regulations and Section 111 of the Local Government Act 1972 and in consideration of £1 (if demanded), We grant You a non-exclusive, non-transferrable licence to use the System subject to these conditions of use.

3. Registration

3.1 Prior to access to and use of the System, You must apply for to Us for Registration. Registration and use of the System thereafter will constitute full acceptance of these conditions of use and any prevailing amendments thereto.

3.2 We give no guarantee or indemnity that Registration will permit successful, uninterrupted or continuous access to any PHA via the System. Access is permitted only to those PHAs that have entered into a separate licence with Us for use of the System.

4. Access to the System

4.1 Following registration, you will be granted access to the System to facilitate electronic submission of CEDs by You to PHAs, PROVIDED that the PHA to which you wish to submit CEDs have themselves enter into a separate licence with Us for use of the System.

4.2 We shall not be in any way liable for wrongful access to the System by persons purporting to act on Your behalf. Notwithstanding the PHA to which it is submitted, we will acknowledge each CED submitted electronically by e-mail.

4.3 ESC will not be liable for any fees payable by You to the PHA to whom CEDs are addressed (or by a PHA to You) upon submission in accordance with that PHA's usual procedures.

5. Indemnity and Liability

5.1 Except in the event of death or personal injury for which liability is unlimited, We give no indemnity or guarantee whatsoever as to the suitability or fitness for purpose of the System for Your or any other purpose.

6. Intellectual Property Rights 6.1 You acknowledge and agree that all IPR in the System vest and shall remain vested in Us at all times. We do not claim IPR in the format or content of CEDs submitted.

7. Termination

7.1 We may terminate this Licence immediately –

(a) by notice in writing if You are in breach of the terms of this Licence and have failed to remedy such breach within 14 days of being given a written notice requiring You to do so;

(b) if, in Our sole opinion, Your use of the System is inconsistent with the requirements of the 2009 Regulations; or

(c) if You are subject to an administration order, receivership or liquidation order or are unable to pay Your debts (within the meaning of the Insolvency Act 1986) or make a proposal for voluntary arrangement under Part 1 of that Act or are wound up, adjudicated bankrupt or make any comparison or arrangement with or for Your creditors.

7.2 Either Party may terminate this Licence at any time by giving to the other Party not less than 28 days' notice to so terminate.

7.3 Upon termination, We will suspend Your access to the System.

8. Dispute resolution

8.1 In the event of any disagreement between the Parties regarding this Licence –

(a) The Parties shall attempt to resolve their differences by discussion between either You (if You are an individual) or a principal of Your firm and Our Head of Health.

(b) If the Parties are still not able to resolve the matter in dispute within 14 days of referral, the matter shall be referred to the decision of an arbitrator agreed upon by the Parties or in default of agreement nominated by the President for the time being of the Law Society of England and Wales in accordance with the Arbitration Act 1996.

9. Notices

9.1 Unless otherwise specified herein, any notice to be served by Us upon You shall be valid and of full effect if served by ordinary first class post at Your usual place of business as notified to us upon registration (unless subsequently changed and notified to Us in writing).

9.2 Any notice to be served by You upon Us shall be valid and of full effect if served by ordinary first class post address to Us at the address given above and marked for the attention of Our Head of Health.

10. Contracts (Rights of Third Parties)

10.1 Notwithstanding any other provision of this Licence nothing in this Licence confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

11. Variation

11.1 We reserve the right to vary these Conditions of Use without notice at any time. Use of the System after a change has been made implies Your acceptance of any such variations.

12. Waiver

12.1 Failure by Us at any time to enforce the provisions of this Licence or to require performance by You of any of the provisions of this Licence shall not be construed as a waiver of any such provision and shall not affect the validity of the Licence or any part thereof nor Our right to enforce any provision in accordance with these Conditions of Use.

13. Law

13.1 The formation of these Conditions of Use and all matters or disputes arising under or in connection with them shall be governed by English law and subject to the jurisdiction of the English Courts.

 

Copyright of East Suffolk Council
15 April 2010
VGP/SCDC/00022467