ACCEPTANCE OF THESE TERMS
Your use of SelectaDNA's Database (as defined in paragraph 1 below), available from https://www.secureassetregister.com/ (the “Website”) is governed by these terms and conditions (the “Terms and Conditions”).
Please read these Terms and Conditions carefully and print a copy for Your future reference. By using the Database and/or the Website, You agree that You have read, understood and agree to these Terms and Conditions including, without limitation, the disclaimer in clause 9 and the limitation of Our liability in clause 10 below.
If You do not accept these Terms and Conditions then You should exit the Website immediately and should not access an account in or use the Database. In such circumstances please contact Us by email at [email protected] and/or telephone +44(0)1689 860757 or through Our registered office at the address set out in the definitions below.
We may at any time revise these Terms and Conditions to comply with law or to meet Our changing business requirements without notice. Any updates or amendments will be posted on the Website. It is up to You to review regularly the Terms and Conditions in case there are any changes. By continuing to access the Website and/or to use the Database You agree to be bound by the terms of these updates and amendments.
You or Your: The serving police officer or civilian police employee entering into this agreement with Us by accessing the Website and/or using Our Database and accepting these terms.
Us, We, or Our: Selectamark Security Systems plc, a company registered in England and Wales whose registered number is 010242801 and whose registered office is at 1 Locks Court ,429 Crofton Road, Locksbottom, Kent B26 8NL. Further contact details are available at: https://www.secureassetregister.com/en-gb/contact .
Applicable Data Protection Law(s) means any privacy and data protection laws and regulations in force that are applicable to either You or Us (as the context requires) where You or We act in a capacity as a data controller. The term “Applicable Data Protection Law(s)” shall include, where applicable and without limitation, the UK Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other applicable implementation of Directive 95/46/EC or Directive 2002/58/EC.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 2.5 or 7.
Database: Is our interactive database which We provide to You on Our website for the Purposes only.
Kits: is Our range of product marking kits and products including, without limitation, Our DNA Forensic property marking kits.
Products: is Our range of personal marking products and transferable DNA products including, without limitation, Our DNA Forensic sprays, Gels and Greases.
Purposes: are (i) checking whether an asset marked by one of our Products has been registered as being lost or stolen; (ii) checking whether a particular person is the registered keeper of a particular asset by inputting a Product registration number together with the name of that person; (iii) tracing the registered owner of an asset which has been marked using one of Our Products and (iv) tracing the registered location of Our Products by inputting a SelectaDNA code received by You from a laboratory approved by us which has obtained the SelectaDNA code through a forensic DNA analysis of a submitted sample; in each case in connection with the prevention or detection of a crime, catching or prosecuting a suspected criminal or tracing the registered keeper of a lost asset;
Website: Our website at https://www.secureassetregister.com/.
AUTHORITY AND LICENCE FOR USE OF DATABASE
You hereby represent and warrant that you are duly authorised to access the Database on behalf of the police force, law enforcement agency or other similar organisation by which you are employed.
We hereby grant to You a non-exclusive, non-transferable licence to access the Website and to use the Database solely for the Purposes and subject to these Terms and Conditions. The authority and licence to use the Database starts when You enter into these Terms and Conditions and ends if these Terms and Conditions are terminated under clause 11.
We provide access to the Website and Database on a temporary basis and reserve the right to withdraw or amend or withhold access to the Website and/or Database at any time and without any liability to You whatsoever.
You shall not:
- store, distribute or transmit any material through the Database that is unlawful, harmful or facilitates any illegal activities;
- attempt to duplicate, modify, disclose or distribute the Database or any part of it;
- attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Database, except as may be allowed expressly by these Terms and Conditions or any applicable law which is incapable of exclusion by agreement between the parties or authorised by Us in writing;
- transfer, temporarily or permanently, any rights or obligations under this agreement;
- attempt to obtain, or assist others in obtaining, access to the Database, other than as provided under this clause;
- make any part of the Database available to anyone, except as permitted under this agreement or authorised by Us in writing.
You will be provided with a user identification code (“User ID”) and can choose a password for accessing the Database. Each User ID and password shall be Confidential Information and must not be disclosed to any third party. We have the right to disable any User ID and/or password at any time if, in Our opinion, You have failed to comply with the Terms and Conditions.
User IDs and passwords
You acknowledge your responsibilities in relation to the security of the User ID and password. This shall include:
- Keeping Your User ID and password confidential;
- Not sharing the password, User ID or access to the Database with others;
- Changing passwords if You believe that it may have been compromised;
- Not using automated logging-on facilities that automatically enter the User ID and/or password; and
- Not leaving unattended equipment that is logged-on to the Database.
You will be required to indicate acceptance of these Terms and Conditions including the responsibilities set out above before being granted access to the Database and this acceptance together with Your e-mail address will be recorded by Us.
YOUR FURTHER OBLIGATIONS
You will take all reasonable steps to ensure that nobody other than You accesses the Database using Your User ID and password.
You will indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with Your misuse of the Database. You will provide reasonable co-operation to Us in Our defence and/or settlement of any such claim, at Your expense.
You are responsible for configuring Your information technology, computer programmes and platform in order to access the Database and use the Website. Notwithstanding clause 6.4 below, You should use Your own virus protection software.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that We own all intellectual property rights in the Website and the Database. Except as expressly stated in this agreement, this agreement does not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Database or the Website.
As between You and Us, We own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website and/or the Database ("IPR"). Selectamark owned material on the Website (including the Database) including data, text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except in connection with the Purposes. Permission for any other type of use must be obtained in advance from Us and will be given or refused at Our sole discretion.
You are permitted to download and print content from the Website and/or the Database solely in connection with the Purposes. Website and/or the Database content must not be copied or reproduced, used or otherwise dealt with for any other reason. Except as set out expressly in these Terms and Conditions, You are not entitled to modify or redistribute the content of the Website and/or the Database or reproduce, link, frame or deep-link it on any other website without our express written permission.
In relation to any part of the Website owned by Us We shall defend You against any claim that Your use of the Website infringes any patent, copyright or database right, and shall indemnify You for any amounts awarded against You in judgment or settlement of such claims up to One Thousand Pounds Sterling £1,000, provided that:
- We are given prompt notice of any such claim;
- You provide reasonable co-operation in the defence and settlement of such claim, at Our expense; and
- We are given sole authority to defend or settle the claim.
In the defence or settlement of the claim, We may at Our discretion obtain for You the right to continue using the Website and/or Database as the case may be, replace or modify the Website and/or Database so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this agreement without liability to You. We shall have no liability if the alleged infringement is based on:
- a modification of the Website or Database by anyone other than Us; or
- Your use of the Website or Database in a manner contrary to the instructions given to You by Us; or
- Your use of the Website or Database after notice of the alleged or actual infringement from Us or any other person.
The foregoing states Your sole and exclusive rights and remedies, and Our entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
We will take reasonable steps to ensure that Database is virus-free.
We will use Our reasonable endeavours to ensure that the Database is maintained securely and is properly backed-up. In the event of any loss or damage to the Database, Your sole and exclusive remedy shall be that We use Our reasonable endeavours to restore the lost or damaged Database from the latest back up of such Database. We shall not be responsible for any loss, destruction, alteration or disclosure of the Database caused by any third party.
We will use Our reasonable endeavours to ensure that the Database is provided continuously and that access to Our website is not interrupted by any event within Our control. Where reasonably practicable, We will schedule planed downtime for outside normal United Kingdom office hours. Where the Database is unavailable, then You may contact Us by e-mail or by fax in connection with the Purposes.
We undertake no obligation to respond to any queries or questions raised by You.
You shall maintain the SelectaDNA codes and the Database in confidence and shall not disclose them or Our Confidential Information to any third party for any purpose other than the Purposes. Where you are required to disclose any of Our Confidential Information, including the SelectaDNA Codes and the Database (or any of it), then:
- You shall only disclose such information as is strictly required by any applicable law or Court order or to meet the Purposes;
- Use Your best endeavours to (i) limit and reduce the extent, scope, amount and number of recipients of the disclosure required to be given and (ii) ensure that the Confidential Information is kept confidential by all the recipients including the Court;
- Whenever permissible, notify Us prior to any such disclosure specifying what Confidential Information is required to be disclosed and to whom; and
- Whenever permissible, if requested by Us, cooperate fully with Us prior to any disclosure if we require such disclosure to be limited or subject to a protective order.
You shall use Your best endeavours to ensure that Our Confidential Information to which You have access is not disclosed or distributed in violation of the terms of these Terms and Conditions.
Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party, unless authorised, procured or assisted by that party.
You acknowledge that the Database is Our Confidential Information.
You shall immediately destroy all materials in Your possession, custody or control containing, reflecting, incorporating or relating to the Confidential Information and irreversibly delete all electronic copies of any Confidential Information so that no such documents or other materials are retained by You:
- At any time upon request by Us;
- On termination of the Terms and Conditions;
- unless such Confidential Information is required by You in connection with any ongoing police investigation, in which case You shall ensure that such Confidential Information is destroyed and deleted at the final completion of any investigation or criminal proceedings.
This clause shall survive termination of these Terms and Conditions, however arising.
You and We each hereby acknowledge and agree that, for the purposes of the Applicable Data Protection Law(s):
- The police force, law enforcement agency or other similar organisation by which You are employed shall at all times be a data controller of Customer personal data that You process in connection with the Purposes;
- We shall be an independent data controller of the Customer personal data in Our Database (and not, for the avoidance of doubt, of any copy of the Customer personal data in Your possession and/or control); and
- The terms 'personal data', 'sensitive personal data', 'process/processing', 'controller', 'processor', 'data subject' will have the meanings given to them by the Applicable Data Protection Law(s) (or, in the absence of any such definition in Applicable Data Protection Law(s), the meanings given to them by Directive 95/46/EC).
Whenever collecting and processing Customer personal data, You shall:
- Only process the Customer personal data for lawful purposes and in accordance with all Applicable Data Protection Law(s) and at all times maintain the security and confidentiality of any Customer personal data;
- notify Us of any unauthorised or unlawful processing or any accidental loss, destruction, damage, alteration or disclosure of the Customers’ personal data as soon as You become aware of such incident, keep Us informed of any relevant developments and provide such co-operation as We may require fully with any actions taken by Us or on Our behalf to enable Us to mitigate the effects of the breach, to remedy the breach and/or to prevent the future occurrence of similar incidents;
- notify Us immediately in writing if You receive any complaint, notice or other correspondence concerning Your processing of Customer personal data (whether from an individual, any applicable data protection authority, or otherwise) where such complaint, notice or other correspondence could reasonably impact, affect or otherwise concern Our processing of Customer personal data, and provide all such reasonable cooperation as We may require in connection with the same;
- provide such information from time-to-time as We may reasonably require in order for Us to satisfy Ourselves of Your compliance with this clause 8; and
- not act in any way in relation to the Customer personal data which might put Us in breach of Our obligations under Applicable Data Protection Law(s) or which might reasonably damage Our reputation or goodwill.
We hereby disclaim all liability for any breaches of applicable data protection law and/or the terms of this clause 8 by You, Your affiliates, sub-contractors and/or associated third parties. You hereby agree and undertake to indemnify Us and keep Us indemnified in full from and against and hold Us harmless against all and any demands, claims, actions, proceedings, liabilities, costs, expenses (including legal expenses), losses, injury or damage whatsoever incurred or suffered by Us arising directly or indirectly out of a breach by You (or any person processing Customer personal data on Your behalf) of any of Applicable Data Protection Law and/or the obligations under this clause 8.
The information contained on Our Website and in Our Database is provided “as is” and without any guarantees, conditions or warranties as to its accuracy. We give You no warranty or assurance, except as set out in clause 6 above.
We declare and You acknowledge that all implied warranties, conditions and any other terms are excluded from these Terms and Conditions and operation to the maximum extent permitted by law.
This clause sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents, distributors, consultants and sub-contractors) to You in respect of:
- any breach of these Terms and Conditions;
- any use made by You of the Database or the Website or any part of them; and
- any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these Terms and Conditions.
Except as expressly and specifically provided in these Terms and Conditions You assume sole responsibility for results obtained from the use of the Database by You, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided by You in connection with the Database.
Nothing in these Terms and Conditions excludes Our liability for:
- death or personal injury caused by Our negligence; or
- fraud or fraudulent misrepresentation.
Subject to clauses 6.1 and 10.3:
- We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising whether in connection with the use, inability to use, or results in the use of Our Website or Database or otherwise; and
- Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms and Conditions shall be limited to £50. You acknowledge that this limitation is reasonable.
We shall have no liability to You under these Terms and Conditions if We are prevented from or delayed in performing Our obligations under these Terms and Conditions or from carrying on business by acts, events, omissions or accidents beyond Our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
You acknowledge and agree that the allocation of risk contained in this clause and these Terms and Conditions reflects the fact that no payment is made by You to Us and such allocation is therefore reasonable in all the circumstances.
We may terminate these Terms and Conditions immediately if You are in breach of any of its terms.
You may terminate these Terms and Conditions if We are in material breach of any of its terms and, where such breach is remediable, it is not remedied within the period of twenty working days after written notice of it has been given by You to Us.
On termination of these Terms and Conditions for any reason:
- all licences granted under these Terms and Conditions shall immediately terminate;
- We may block Your access to and use of the Database and cancel Your User ID and password; and
- termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described in these Terms and Conditions are not limited, and We may take any other action We reasonably deem appropriate.
The rights provided under these Terms and Conditions are granted to You only, and shall not without Our prior written consent be considered granted to any other person. You may not, without Our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms and Conditions.
These Terms and Conditions are not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
Unless specifically provided otherwise, rights arising under these Terms and Conditions are cumulative and do not exclude rights provided by law.
If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of these Terms and Conditions. Each of the parties acknowledges and agrees that in entering into these Terms and Conditions it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in these Terms and Conditions. The only remedy available to it for breach of these Terms and Conditions agreement shall be for breach of contract under the terms set out in these Terms and Conditions.
These Terms and Conditions shall be governed by English Law. You and We submit to the non-exclusive jurisdiction of the English courts.
These Terms and Conditions were last updated on Wednesday 29 June 2011