Info Insight Terms and Conditions of Use
1. Purpose
This document and the attachments referred to below
constitute a legally binding agreement between you and Info Insight Ltd
("Info Insight Ltd", "we" or "us") which operates
the Internet website with the domain name
www.infoinsight.co.uk
(the "Site"). It sets out your rights and obligations and those of
Info Insight Ltd in relation to (i) your access to the Site; (ii) your use of
the Site; (iii) any communications sent to you via the Site, or from or on
behalf of Info Insight Ltd; (iv) all information, products, software, services,
features and materials contained on or offered in conjunction with the Site.
By accessing the Site you accept without limitation or
qualification all of the terms and conditions in this Agreement (as defined
below) and any subsequent amendments or variations as we, in our sole
discretion, may make from time to time.
"Agreement" means this document and any
schedule, appendix or other document referred to in this document, by way of
illustration only, using a hyperlink.
2. Variation
We may, at our discretion, vary or amend from time to time
this Agreement. All such amendments or variations will be effective immediately
upon posting of such amended or varied document on the Site or once such
amendment or variation is otherwise notified to you. The amendment or variation
shall apply to your use of the Site and to any services offered to you upon such
posting or notification.
Except as provided for in the preceding paragraph this Agreement may otherwise
not be amended or varied except in writing signed by both parties
3. The Site
3.1 Users
Anyone who accesses the Site is a user ( "User").
Users are free to contact us using the
E-mail
Facility or Online
Contact Form. As a User, you will be able
to access material on all areas of the Site subject to the terms and conditions
of this Agreement.
3.2 Contacting Us
Online contact by you using the
E-mail
Facility or Online
Contact Form
or other communication to us
confirms your agreement to the provisions of this Agreement.
3.3 User Information
By submitting an e-mail using the
E-mail
Facility or Online
Contact Form
or otherwise communicating
with us you warrant that all the information submitted to us ("User
Information") is true and accurate in all respects and you have the
authority and capacity to send the email or communicate with us. You agree to
notify us immediately in writing of any changes in User Information. You are
solely responsible for the User Information.
If you provide us with an email address that will result in
any emails we may send you being sent to you via a computer network operated by
or on behalf of your employer (or similar) then you are warranting that you are
entitled to receive emails at that address. You also agree that we may refrain
from sending you any emails to such address without notifying you, even if you
have asked to receive them, if we receive a request from your employer to stop
sending emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that you will
not permit the use of any device, software or programming routine that
interferes or attempts to interfere with the working and functionality of the
Site. You undertake not to take or permit the taking of any action that (in our
sole discretion) imposes an unreasonable or disproportionately large load on our
infrastructure.
The Site contains robot exclusion headers and you agree that you will not use
any robot, spider, other automotive device or manual process to monitor or copy
our web pages or the content contained on the Site without our prior written
consent
4. Use of the Site
4.1 Content
The content on the Site, including any research, does not
constitute any form of advice, recommendation or arrangement by us and is not
intended to be relied upon by Users.
We, in our sole discretion, may add, delete or change some or
the entire Site at any time. The content contained in the Site, is presented for
informative purposes only. The content should not be considered complete nor
should it be relied upon.
When using the
E-mail
Facility or Online
Contact Form when otherwise contacting us
to obtain further information or advice, you agree that the information or
advice provided by us may not be complete. We can give no guarantees or
warrantees as to the accuracy or fitness for purpose of the information or
advice we give. Please see the disclaimer at clause 8.3 below.
4.2 Proprietary information
You acknowledge and agree that the materials used and
displayed on the Site including but not limited to text, music, software, sound,
photographs, graphics, video, page layout and design, illustration and artwork,
names, logos, trademarks, service marks and all other materials are the property
of Info Insight Ltd and/or its licensors and/or other individuals and entities,
and are protected by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload, post, transmit,
rent, loan, sell, lease, license, sub-license or distribute any material on the
Site or create in any way content and/or derivative works based on the content
of the Site or the Site itself or services provided by, or on behalf of Info
Insight Ltd in whole or in part without our prior written consent except for
personal use. Personal use means non-commercial domestic use by an individual
involving the making of only single copies of each digital image.
5. Updates by Email
In the future, we may give you the option to subscribe to our
email service ("Updates by Email") which will update you on events
organised by us, news or articles which we consider to be of interest to you.
Your use of the content received through the email information service will be
subject to this Agreement.
6. Links to third party sites
Third parties or we may provide links to other web sites or
resources. These links are provided solely as a convenience to you and are not
an endorsement by us of the contents of such third party web sites. We have no
control over such sites and resources and you acknowledge and agree that we are
not responsible for the availability of such external sites or resources and do
not endorse and are not responsible or liable for any content, advertising,
product, services or other materials on or available from such sites or
resources.
You further acknowledge and agree that we shall not be responsible or liable
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance of any such content, goods or services
on or available through any such site or resource. If you decide to access
linked third party web sites you do so at your own risk. Any concerns regarding
any external links should be directed to its respective site administrator or
web master.
7. Privacy
You are asked to read our
Privacy
Policy, which forms a part of this
Agreement and sets out the way in which we handle your personal data.
8. General
8.1 Termination of this Agreement
We reserve the right to terminate this Agreement forthwith if
you are or appear to be in breach of any of the provisions of this Agreement,
including the provision of false User Information or other misuse of the
services offered through this Site.
Either party may terminate this Agreement with or without cause by providing 30
days advance written notice to the other.
8.2 Indemnity
You agree to pay, indemnify, and hold Info Insight Ltd (and
its directors, officers, employees and agents) harmless from any and all
liabilities, obligations, losses, damages, penalties, actions, judgements,
suits, costs, expenses or disbursements of any kind or nature whatsoever with
respect to:
(1) Any third party claim, action or allegation of
infringement, misappropriation, or violation of copyright, trademark or
other proprietary rights of any third party based on any content submitted
by you;
(2) any breach of this Agreement by you;
(3) any third party claim action or allegation brought
against Info Insight Ltd arising out of or in relation to a dispute between
Users or in relation to your use or misuse of the Site; and/or
(4) any action taken by Info Insight Ltd under your
instructions in relation to the use of the Site.
8.3 Disclaimer of Warranties
Your use of the Site and any services (including but not
limited to the provision of content on the Site) offered on or in connection
with your use of the Site is at your sole risk. Services and content are
provided on the Site on an "as is" and "as available" basis.
We, to the fullest extent permitted by law, disclaim all warranties, including
but not limited to warranties of title, fitness for a particular purpose,
merchantability and non-infringement of proprietary or third party rights. We
make no warranties about the accuracy, reliability or completeness of the
material, services, software, text, graphics and links.
We make no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any service, information or other
material obtained by you through your use of the Site will meet your
expectations.
If your use of the Site will require your replacing equipment or data you will
be responsible for the costs of such replacement.
Your use of the Site and services offered in connection with the Site is at your
own risk. If you are dissatisfied with any part of the services offered through
the Site or with this Agreement or any other rules or policies your sole remedy
is to discontinue use of the Site.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be
liable for any direct (other than for death or personal injury arising directly
from use of the Site), indirect, incidental, special, consequential or exemplary
damages including but not limited to, loss of profits, goodwill, use, data or
intangible losses (even if we have been advised of the possibility of such
damages) resulting from:
(1) the use or the inability to use the Site or any service provided in
connection the Site
(2) the cost of procurement of substitute and services
resulting from any data, information, services purchased or obtained and
messages received and transactions entered into through or from the Site;
(3) unauthorised access to or alteration of your transmissions or data;
(4) statements or conduct of any User or third party in relation to the Site; or
(5) any other matter relating to the Site or service provided in connection with
the Site.
In no event will our liability arising out of or in respect of this Agreement
exceed £250 (US$ equivalent).
Some jurisdictions do not allow the exclusion of certain warranties with a
limitation or exclusion of liability for incidental or consequential damages.
Accordingly some of the above limitations of this section 8.4 may not apply to
you.
8.5 No Association
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between us and you or any User is intended or
created by this Agreement.
8.6 No Assignment
You may not assign your rights or delegate (or sub-contract)
your duties under this Agreement
8.7 Suspension or Discontinuance of Service
We may suspend or discontinue the Site with or without cause
and with or without notice.
8.8 Force Majeure
Info Insight Ltd shall not be liable for any failure to
perform our obligations under this Agreement if such failure results from any
act of God or other cause beyond our reasonable control (including without
limitation, any mechanical, electronic or communications failure)
8.9 Entire Agreement
This Agreement (as amended from time to time) comprises the
entire agreement between you and us and governs the use of the Site and any
services provided to you in connection with the Site. It replaces and voids any
prior agreement between you and us, whether written or verbal, in relation to
the Site or any services provided to you in relation to the Site. You may also
be subject to additional terms and conditions when you use affiliate or other
Info Insight Ltd services, third-party content or third-party software.
We make no claims that the Site is appropriate for any particular purpose or
audience, or that it may be downloaded outside of the United Kingdom. Access to
the Site or use of the Site may not be legal by certain persons in certain
countries.
8.10 Severability
Each provision of this Agreement excluding or limiting
liability shall be construed separately, applying and surviving even if for any
reason one or other of those provisions is held to be inapplicable or
unenforceable in any circumstances.
8.11 No waiver
No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision
8.12 English law
All legal issues arising from or related to the use of the
Site or any services provided in relation to the Site shall be construed in
accordance with and determined by the laws of England and you hereby agree to
submit to the exclusive jurisdiction of the English Courts.
Info Insight Ltd is a company registered under number 3973444
in England and Wales whose registered office is at 19 Whitcome Mews, Richmond,
Surrey TW9 4BT