The terms and conditions set out below are published on the Achilles MARKiT website service and govern the provision and use of the MARKiT service and are accepted by the supplier when they submit an application to join MARKiT.

ACHILLES shall mean Achilles Information Limited.

SUPPLIER shall mean a supplier, contractor or a service provider who wishes to subscribe, or has already subscribed to MARKiT.

MARKiT shall mean Achilles MARKiT Website Service, a hosted supplier website service operated by ACHILLES on behalf of our existing and potential customers in the Rail industry.

ACHILLES ONLINE SERVICES™ shall mean www.achilles.com, Achilles Group website.

By accepting these terms and conditions the SUPPLIER grants Achilles the right to reproduce and display the content information and graphics (including all contents, trademarks and brand features contained therein) in accordance with these terms and conditions.

Achilles does not guarantee the date or dates of insertion of the MARKiT company web page; however, Achilles will use reasonable efforts to comply with the SUPPLIER’S wishes in these regards with the intention of displaying the information within 28 days of receipt. In no event will Achilles be responsible for any indirect, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production and anticipated savings arising from any failure to publish in a timely manner or at all any advertisement in accordance with the letter of acceptance.

ACHILLES will provide all users of ACHILLES ONLINE SERVICES™ with the entire information provided by the SUPPLIER through the content template, the content information received from the SUPPLIER will be copied directly onto the MARKiT Website.

3.1 The SUPPLIER warrants and represents to Achilles that:

3.1.1 It has the right to publish all of the contents of the advertisements, and can grant to Achilles such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy, and (b) violate any applicable law or regulation.

3.1.2 The advertisements do not contain anything that is defamatory, obscene, false or misleading.

ACHILLES does not warrant that the functions contained in the content and images on the MARKiT website and ACHILLES ONLINE SERVICES™ will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free from infection of viruses or bugs or represents the full functionality, accuracy, and reliability of the content and images and shall have no liability in respect thereof. ACHILLES makes best efforts to to protect against malicious code infection, ACHILLES utilises SOPHOS Anti Virus software and Baltimore Technologies MailSweeper. However, Achilles Group Ltd. will have no liability for any viruses transmitted via this website.

MARKiT provides links to other websites as a service to our customers. ACHILLES is not responsible for the content of any of these websites. We have not reviewed them and do not offer any endorsement to the content.

Notwithstanding anything else in these terms and conditions ACHILLES shall not be liable for any failure in performing any of its obligations under these conditions if such failure is caused by circumstances beyond the control of ACHILLES, which shall include any Act of God, war, trade dispute, delay resulting from any governmental action fire, flood, drought, earthquake, tempest or any other abnormal weather conditions, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of ACHILLES. In all cases ACHILLES liability is limited to the value of the standard information material required for registration on the MARKiT.

If at any time any one of the provisions of these conditions becomes invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired. These Terms and Conditions shall continue in effect until amended or terminated by ACHILLES by written notice.

The SUPPLIER agrees to indemnify and keep indemnified ACHILLES and hold harmless ACHILLES from and against all claims, costs, losses and damages (including reasonable legal fees and costs) incurred by ACHILLES in connection with any claims actual or threatened, of any kind which may arise from use of the information which is loaded into MARKiT on the basis of the content information provided by the SUPPLIER. Neither party shall be responsible for any consequential losses howsoever arising from this agreement.

For subscription to MARKiT an annual non-refundable fee is payable by the SUPPLIER.

The copyright and all intellectual property rights whatsoever of all website content, materials and functionality, computer programs, user manuals, and other documentation in connection with MARKiT will remain vested in and be the property of ACHILLES.

This agreement shall be governed by and construed in accordance with English law and the parties shall be subject to the jurisdiction of the English courts.