PAS 2035 framework Online Service – Terms & Conditions
These terms and conditions (the Terms and Conditions) shall apply to the provision of the Services by BSI to the Customer.
2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
BSI: BSI Standards Limited.
Customer: the organisation to whom BSI provides the Services.
PAS: PAS 2035:2019 Retrofitting dwellings for improved energy efficiency. Specification and guidance; and PAS 2030:2019 Specification for the installation of energy efficiency measures in existing dwellings and insulation in residential park homes.
PAS 2035/2030 Online Service: the PAS 2035/2030 online service which allows which allows the Customer to access the PAS and supporting documents, with search and browse features.
Services: the services provided by BSI to the Customer under these Terms and Conditions via the PAS 2035/2030 Online Service.
2.2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
3. User Subscriptions
3.1. You have recently purchased a copy of PAS 2035:2019 Retrofitting dwellings for improved energy efficiency. Specification and guidance; and of PAS 2030:2019 Specification for the installation of energy efficiency measures in existing dwellings and insulation in residential park homes from BSI.
3.2. BSI has issued you with a means to self-register and use the PAS 2035/2030 Online Service, which you acknowledge is only for your use and may not be shared with anyone else.
3.3. Use of the PAS 2035/2030 Online Service is for a period of 12 months from the date the PAS was purchased and will include any updates to ancillary and guidance materials published on the PAS 2035/2030 Online Service during that period.
3.4. You shall prevent any unauthorised access to, or use of, the PAS 2035/2030 Online Service and/or the PAS and, in the event of any such unauthorised access or use, promptly notify BSI.
3.5. Without affecting any other right or remedy available to it, BSI may terminate, suspend, restrict or limit access to the Services and/ or PAS if the Customer commits a material breach of any term of these Terms and Conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; or if the Customer takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
3.6. BSI may immediately terminate or suspend any or all of the Services without notice if BSI has reasonable evidence of the Customer's breach of BSI's or its licensor’s intellectual property rights or fraudulent or illegal use of the PAS and/or Services; or it is required to do so by any legal or regulatory authority.
4. Proprietary rights
4.1. The Customer acknowledges and agrees that BSI and/or its licensors own all intellectual property rights in the Services and the PAS. Except as expressly stated herein, these Terms and Conditions do not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the PAS.
4.2. BSI may impose whatsoever security measures it reasonably deems appropriate to ensure compliance with the Terms and Conditions, including but not limited to covert and overt copy-detection; licence awareness technology and encoding of requestor/user information in printed and electronic formats. Any attempt to circumvent such access restrictions or any other of BSI's security measures will be considered a material breach of these Term and Conditions.
4.3. You acknowledge that copyright subsists in the PAS. The PAS incorporates both visible and invisible watermarks. In particular, and without limitation, the following restrictions are to be observed by you:
4.3.1. You may only print one hard copy of the PAS from the PAS 2035/2030 Online Service for your own personal use.
4.3.2. You may only download one single electronic copy of PAS from the PAS 2035/2030 Online Service for your own personal use. The PAS may not be copied or circulated electronically, including by electronic mail, even for internal use at your site.
4.3.3. You may copy a maximum of 5% of the content of the PAS and paste it to another document for internal use at your site. However, you must refrain from copying an entire section into another document. The copied content in the new document must contain " Copyright BSI © Date" (where 'Date' is the date of copyrighted material).
4.4. You are not authorized to transmit the PAS electronically or by any other means in any form to any party who is not you.
5. Limitation of liability
5.1. Except as expressly and specifically provided under these Terms and Conditions:
5.1.1. the Customer assumes sole responsibility in connection with its use of the Services and/or PAS, and for conclusions drawn from such use;
5.1.2. the Customer assumes sole responsibility for results obtained from the use of the Services and the PAS by the Customer, and for conclusions drawn from such use. BSI shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to BSI by the Customer in connection with the Services, or any actions taken by BSI at the Customer's direction;
5.1.3. BSI shall not be liable for any damage caused or costs incurred through the use of the content of the PAS and/or Services. The Customer assumes responsibility to conduct the necessary research and confirmations and should not rely solely on the contents of the PAS alone;
5.1.4. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and Conditions; and
5.1.5. the Services and the PAS are provided to the Customer on an "as is" basis.
5.2. Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
5.2.1. for death or personal injury caused by negligence;
5.2.2. for fraud or fraudulent misrepresentation; or
5.2.3. any liabilities which cannot be excluded by statute.
5.3. Subject to clauses 5.1 and 5.2:
5.3.1. BSI shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
5.3.2. BSI's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and Conditions shall be limited to the total fees paid by the Customer to BSI for the purchase of the PAS.
5.4. BSI is not aware of any inherent risk of viruses in the pdf files forming the PAS at the time they are downloaded. BSI has exercised due diligence to ensure, so far as practicable, that such files do not contain such viruses.
5.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms and Conditions.
8. No partnership or agency
Nothing in these Terms and Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
9. Third party rights
These Terms and Conditions do not confer any rights on any person or party (other than the parties to these Terms and Conditions and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
10. Governing Law and Jurisdiction
These Terms & Conditions are governed by and subject to English Law and to the non-exclusive adjudication of the English Courts.