Terms and Conditions of Use
1. Definitions| Data Sheet | A PDF product data sheet generated on request by EDATA containing Product Data for an individual product |
| Data Quality Level | An indication based on the Data Quality Standards of the quality and completeness of a manufacturer’s Product Data |
| Data Quality Standards | Standards created and managed by EDA Data Services for measuring the quality of a manufacturer’s Product Data |
| EDATA | The on-line repository of hosted Product Data which is owned and managed by EDA Data Services and accessed via www.edata.org.uk |
| EDA | The Electrical Distributors Association of Rotherwick House, 3 Thomas More Street, St Katharine’s and Wapping, London, E1W 1YZ, UK |
| EDA Data Services | EDA Data Services Limited, company number 12545520, of Rotherwick House, 3 Thomas More Street, St Katharine's and Wapping, London, E1W 1YZ, UK |
| Licence | A licence granted by EDA Data Services to access EDATA and to use EDATA for the permitted purpose. |
| Licensed Manufacturer | A Manufacturer granted a Licence |
| Licensed Wholesaler | A Wholesaler granted a Licence |
| Manufacturer | A manufacturer of electrical installation materials and related products; In these Terms & Conditions, the term Manufacturer includes importers, distributors and other agencies who may host their Product Data in EDATA |
| Product Data | Digital information relating to the products supplied by the Manufacturers; Product Data may include (but is not restricted to) part numbers, product descriptions, technical data, images and documents |
| Subscription | Annual fee charged by EDA Data Services to Licensed Manufacturers and, in certain circumstances, to Licensed Wholesalers |
| User | A person or organisation which has been granted permission to access EDATA. Users may be Licensed Manufacturers or Licensed Wholesalers, employees of Licensed Manufacturers or Licensed Wholesalers or granted access to EDATA as a guest |
| Wholesaler | A wholesaler, distributor or merchant dealing in electrical installation materials and related products. In these Terms & Conditions, the term Wholesaler includes wholesaler buying groups |
2. Introduction
- These Terms & Conditions, together with the associated Privacy Policy govern use of EDATA. Continued use of EDATA implies acceptance of these Terms & Conditions.
- Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
- A reference to any party includes that party’s personal representatives, employees, successors or permitted assigns.
- With the exception of Clauses 8, 9, 10 and 11 these Terms & Conditions apply to all Users
- Licensed Manufacturers and Users employed by Licensed Manufacturers are also subject to the additional Terms & Conditions in Clauses 8, 10 and 11.
- Licensed Wholesalers and Users employed by Licensed Wholesalers are also subject to the additional Terms & Conditions in Clauses 9, 10 and 11.
- EDA is a trade association which represents the UK electrical wholesale sector. Its membership includes Wholesaler members and Manufacturer affiliate members.
- EDA Data Services is a company limited by guarantee, for which EDA is the sole guarantor, created for the specific purpose of developing and managing EDATA and provision of related services.
- In developing and managing EDATA, EDA intends only to provide a Product Data hosting and distribution service for the benefit of its members, affiliate members and the wider UK electrical industry
- EDA Data Services does not offer for sale the products represented by the Product Data, nor does it benefit commercially from the sale of those products by Manufacturers, Wholesalers or any other third parties
- EDA Data Services retains the right to change the specification and functionality of EDATA at any time without prior notice to Users.
- The Product Data hosted in EDATA is supplied by Licensed Manufacturers and may be:
- Exported, or otherwise accessed, by Licensed Wholesalers both for general reference and for the purpose of facilitating their digitalised business processes. The latter may include, but are not restricted to, use of the Product Data in the Licensed Wholesaler’s web site(s), mobile apps, catalogues and business software applications.
- searched and viewed by Licensed Wholesalers for reference and for the purpose of generating and downloading Data Sheets.
- It is understood that, through normal usage in these processes, the Product Data will be accessed by, and visible to, various third parties and this is covered by the Permitted Purpose.
5. Intellectual Property
- All intellectual property rights (including copyright, database rights, trademarks, trade or business names and other protected rights) in EDATA (including any supporting materials and documentation) shall remain at all times the property of EDA Data Services or its licensors and Users shall acquire no rights in any such material except as expressly provided in these Terms and Conditions.
- All intellectual property rights in the Product Data remains at all times the property of the Manufacturer which supplied it.
- EDATA is a registered trademark of EDA Data Services.
- No modification, exporting or redistribution of the Product Data is allowable other than for the Permitted Purpose.
- Users may not use EDATA or the Product Data for the purpose of developing and/or maintaining an alternative service provision which directly or indirectly competes with EDATA or in some way serves the same or a similar purpose.
- Users agree to report to EDA Data Services as soon as they become aware of any misuse of EDATA or the Product Data.
- Users will be provided with a username and will be required to create a password: both username and password should be kept confidential and not shared with any third party.
- If a User knows or suspects that anyone other than themselves knows their username or password, they must notify EDA Data Services promptly.
- Licensed Manufacturers and Licensed Wholesalers should notify EDA Data Services promptly of any Users who have left their employment.
- In consideration of the Subscription, EDA Data Services grants to the Licensed Manufacturer a non-assignable licence to host its Product Data in EDATA.
- The Licensed Manufacturer will use its best efforts to ensure that all its Product Data hosted in EDATA is complete, accurate, up-to-date and conforms with the appropriate standards, and to ensure that any updates, including corrections, detail changes and data relating to new products are imported in a timely manner.
- The Licensed Manufacturer grants licence to EDA Data Services to host the Product Data within EDATA.
- The Licenced Manufacturer understands that it has control over which Licensed Wholesalers are granted permission to export its Product Data from EDATA and that:
- EDA Data Services will not enter into any dispute that arises between Licensed Manufacturer and Licensed Wholesaler over the granting of this permission.
- Subject to such permission being granted, the Licensed Manufacturer grants licence to the Licensed Wholesaler to export its Product Data for the Permitted Purpose.
- The Licensed Manufacturer confirms it owns copyright in all Product Data it hosts in EDATA, or has obtained permission from the copyright holder, and indemnifies EDA Data Services and Licensed Wholesalers against any subsequent legal action for breach of copyright.
- The Licensed Manufacturer understands that it retains copyright in the Product Data and is responsible for seeking legal redress in the event of any misuse.
- Subject to the above conditions and to prior agreement with EDA Data Services the Licensed Manufacturer may include products from other Manufacturers, for which it holds distribution rights, in its EDATA listing. The Licensed Manufacturer understands that this data may be removed from EDATA if:
- data for the same products is subsequently listed in EDATA by the original Manufacturer of the products, or
- the Licensed Manufacturer’s loses distribution rights for those products.
- The Licensed Manufacturer indemnifies EDA Data Services against any legal action by a Licensed Wholesaler to redress loss of business or profit resulting from the Product Data it hosts in EDATA being incomplete, inaccurate or out of date.
- EDA Data Services will periodically review the Licensed Manufacturer’s Product Data and assign the appropriate Data Quality Level. The Licensed Manufacturer understands that their Data Quality Level may be downgraded or revoked should their Product Data fail to meet the required Data Quality Standards.
- The Licensed Manufacturer understands that once exported by a Licensed Wholesaler, the Product Data is no longer under the control of EDA Data Services and may be changed by the Licensed Wholesaler without notice.
- The Licensed Manufacturer will make reasonable efforts to deal with any queries relating to its Product Data, raised by either EDA Data Services or a Licensed Wholesaler, in a timely manner.
- EDA Data Services grants to the Licensed Wholesaler a non-assignable Licence to access EDATA solely for the Permitted Purpose.
- Wholesalers who are members of the EDA are granted a Licence on request.
- Wholesalers who are not members of the EDA are granted Licence in consideration of a Subscription and subject to EDA Data Service’s discretion.
- The Licensed Wholesaler understands that the Licensed Manufacturer retains copyright in the Product Data and may seek legal redress in response to any misuse.
- The Licenced Wholesaler understands that each Licensed Manufacturer has control within EDATA over which Licensed Wholesalers are granted permission to export its Product Data and that EDA Data Services:
- cannot guarantee that this permission will be granted.
- will not enter into any dispute that arises between Licensed Manufacturer and Licensed Wholesaler over the granting of this permission.
- The Licensed Wholesaler understands that EDA Data Services is merely providing a hosting and distribution service for the Product Data and is not liable for the consequences of any Product Data which is found to be incomplete, inaccurate or out of date.
- The Licensed Wholesaler understands that the Data Quality Level assigned to each Manufacturer is merely an indication of the quality of their Product Data and does not represent a guarantee by either the Licensed Manufacturer or EDA Data Services.
- The Licensed Wholesaler understands that once it has exported Product Data it is no longer the responsibility of the Licensed Manufacturer, and it is the Wholesaler’s responsibility to appraise itself of any subsequent changes to the Product Data held in EDATA and to export an updated version if required.
- The Licensed Wholesaler undertakes to notify Licensed Manufacturers of any queries relating to their Product Data using the feedback loop mechanism in EDATA.
- The Licensed Wholesaler understands that EDATA will retain records of access to, export and download of the Product Data which may be used as the basis of statistical analysis and shared with Licensed Manufacturers.
- The Subscription is calculated according to EDA Data Services’ current table of rates which may vary from time to time.
- Subscriptions are charged annually in advance and are payable within 21 days of becoming due.
- EDA Data Services reserves the right to suspend access to EDATA for any User which does not pay its Subscription by the due date.
- Should a Licensed Manufacturer not renew its Subscription:
- its Licence will be immediately revoked.
- all Product Data imported by that Licensed Manufacturer will be withdrawn from EDATA at a time to be mutually agreed between the Licensed Manufacturer and EDA Data Services but, in any event, no more than six months after the date when the Subscription was due.
- Should a Licensed Wholesaler cease to be a member of the EDA its Licence will be immediately revoked.
- Should a Licensed Wholesaler not renew its Subscription its Licence will be immediately revoked.
- Any Licensed Manufacturer or Licensed Wholesaler which ceases trading will have its Licence immediately revoked.
- Should any User be found to be in breach of these Terms & Conditions their Licence will be immediately revoked.
- No refund will be made of any Subscription previously paid should any User’s Licence be revoked for any reason.
- EDA Data Services does not warrant that the Product Data conforms with the appropriate standards but will use its best efforts to ensure that this condition is met.
- EDA Data Services does not warrant the accuracy or timeliness of the Product Data.
- The existence of Product Data in EDATA does not imply that the products concerned are available to purchase, nor that they meet any particular quality or performance standard or are fit for purpose.
- EDA Data Services does not warrant the continued availability of EDATA but will use its best efforts to ensure this condition is met subject to the need for occasional downtime for essential system maintenance.
- EDA Data Services shall not be liable for the non-availability of EDATA through Force Majeure or any other circumstances outside its reasonable control.
- EDA Data Services does not guarantee that EDATA will be secure or free from bugs or viruses. Users are responsible for configuring their information technology, computer programmes and platform in order to access EDATA and should make their own provisions for virus protection.
- EDA Data Services shall not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect any Users’ computer equipment, computer programs or data due to their use of EDATA.
- EDA Data Services' liability in respect of any single default shall be limited to an amount equivalent to the Subscription paid by the User in the previous twelve months.
- Details of the Data Quality Standards are available on request (by Licensed Manufacturers and Licensed Wholesalers) from EDA Data Services.
- All intellectual property rights in the Product Data shown in the Data Sheet remains at all times the property of the Manufacturer named on the Data Sheet.
- Product Data shown on the Data Sheet is for the product as supplied by the Manufacturer. Any subsequent modification of the product may affect specification and performance.
- Every reasonable effort is made to ensure accuracy of the Product Data which is believed to be correct at the date of download from EDATA. However neither the Manufacturer, the Wholesaler who downloaded the Data Sheet, nor EDA Data Services warrant the accuracy of the Product Data.
- The Product Data shown on the Data Sheet is not contractually binding. The Manufacturer reserves the right to amend the Product Data without prior notice.
- Both EDA Data Services and the User undertake not to disclose to any third party any confidential or sensitive information which comes into its possession as a result of carry out its obligations or exercising its rights under these Terms & Conditions.
- This undertaking shall continue after cancellation of a Subscription and/or revocation of a User’s Licence.
- EDA Data Services reserves the right to delete from EDATA, without notice, any Product Data which is inaccurate, misleading, does not conform with the required technical standards or is otherwise deemed unfit for purpose or inappropriate for inclusion.
- Users agree that EDA Data Services may send them emails notifying them of additions and changes to the Product Data and other information directly pertaining to use of the EDATA.
- EDA Data Services reserves the right to make changes to these Terms and Conditions at any time without prior notice to Users.
- No modification to these Terms& Conditions shall be binding unless agreed in writing by an authorised representative of both parties.
