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Terms & Conditions

This online service ('the Service') is provided by Ithaka Institute.

The following terms and conditions apply to use of the Service and the materials and information it contains ('Materials'). In these terms and conditions 'Subscriber' means an individual subscriber and 'Authorised User' means an employee duly authorised by an organisation which is a Subscriber or any other person expressly authorised by Ithaka Institute. 'Unauthorised Person' means any person who is neither a Subscriber nor an Authorised User.

Ithaka Institute may suspend access by any person to the Service at any time without compensation if it has reasonable grounds to suspect a breach of these terms and conditions by that person.

1. Licence

Authorised Users and Subscribers may use the Service and the Materials that appear on it from time to time for their own private or business research, and for this purpose may:

  • display the Materials on screen;
  • make printouts of items included in the Materials using the printing commands contained in the Service; and
  • download and store in machine readable a single copy of insubstantial portions of the Materials primarily for one person's exclusive use.

 

2. Restrictions on Use

Authorised Users and Subscribers may not:

  • make multiple printouts or copies of Materials for distribution to Unauthorised Persons;
  • re-sell the Service or any part of the Materials to others;
  • make the Service or any Materials available to Unauthorised Persons on a local area network, a wide area network or on any intranet or extranet;
  • abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted by paragraph 1 above;
  • decompile, disassemble or reverse engineer any of the software programmes, databases or other systems used by Ithaka Institute to provide the Service; or
  • use the Service, or any of the facilities available on the Service, for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material or any volume messages which may interfere with the provision of the Service or the use of the Service by others.

3. Passwords and Security

If passwords are issued by Ithaka Institute to access the Service;

  • no password may be made available to any Unauthorised Person for the purpose of using the Service;
  • if Ithaka Institute suspects that a password is being used by an Unauthorised Person the password may be cancelled;

4. Content

  • Materials and features may be added to and removed from the Service without notice.
  • The Materials and information included in the Service are provided for reference purposes only. They are not intended as a substitute for professional advice or judgement. No Materials or information should be relied upon to provide legal or other advice with respect to particular circumstances.
  • Every effort is made to keep Materials up to date but Subscribers and Authorised Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result.
  • The Service and Materials are provided on an 'as is' basis and Ithaka Institute excludes to the extent permitted by law all implied warranties relating to fitness for a particular purpose.

5. Intellectual PR

  • All intellectual property rights and other rights in the Service and Materials (in both machine readable and printed form) belong to Ithaka Institute or their third party licensors. Authorised Users and Subscribers acquire no proprietary interest in the Service or Materials and except as expressly permitted by these terms and conditions and may not use the Service or the Materials in any way that infringes the intellectual property rights in them.
  • Authorised Users and Subscribers may not obscure or remove any copyright notices that appear on Materials printed from the Service.

6. Limitation of Liability

  • To the full extent permissible by law Ithaka Institute shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use the Service or any material appearing on it or from any action or decision taken as a result of using the Service or any such material.
  • The liability of Ithaka Institute for interruptions to availability of the Service caused by circumstances within its control shall not exceed the amount paid by the Subscriber for access to the Service in respect of the period of non-availablity. The only obligation of Ithaka Institute in respect of interruptions caused by circumstances outside its control shall be to use all reasonable efforts to have the Service reinstated.

7. Law and Jurisdiction

These terms and conditions shall be interpreted in accordance with the Laws of Switzerland and any dispute shall be subject to the exclusive jurisdiction of the Swiss Courts.