User: the client, its representatives and any users of the Platform.
PCO: Product Cost Optimisation Limited.
The Platform: the web-based business costing platform ibusinesscost (and Software) provided by Product Cost Optimisation Limited.
The Software: any software in or used in conjunction with the Platform.
Restriction on use
The Platform represents proprietary intellectual property of PCO and no unauthorised use or copying is permitted. By granting access to the User PCO grants a limited license to use the Platform for its normal purpose and no other rights or licenses to use or exploit the intellectual property are granted. The intellectual property in any changes, developments or improvements to the Platform as a result of suggestions made by the User automatically vests in PCO.
The User must undertake its own checks for viruses etc before installing the Software and using the Platform. The User must carry out all necessary checks to satisfy itself that the Platform and the Software are compatible with its computer network, hardware and software. The Platform is a costing tool and PCO does not warrant the accuracy of any data produced by using the Platform. The User is responsible for backing up and maintaining any data produced through use of the Platform.
Limitation of liability
PCO's liability for breach of contract or any use made of the Platform or Software or any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract, the Platform or Software shall be limited to the total price paid for user licences in any one contract year. PCO shall not be liable for any of the following: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of data; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Nothing in these provisions limits or excludes PCO's liability for death or personal injury resulting from negligence or any damage or liability resulting from fraud or fraudulent misrepresentation by PCO.
The contract for and all use of the Platform shall be governed and construed in accordance with the Laws of England & Wales and any disputes arising under or in connection with it shall be submitted to the exclusive jurisdiction of the English & Welsh courts.