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1 The Product; Parties; Agreement
Vertical Edge Limited (VE) (herein referred to as 'the company'; 'we'), through its brand, companiesandmarkets.com, provides its services to companies only under the TOU. The Product (which is located at URL www.companiesandmarkets.com or any subsequent URL which may replace it and may include though not limited to contract information, company intelligence, news and information relating to contracts), including all software is called the "Product". VE provides the Product only to companies that have agreed to be bound by the TOU, such companies (including their authorised employees) are called the "Customer" in the TOU. The Customer hereby acknowledges that it agrees to be bound by the terms and conditions of the TOU, either by signing a document that incorporates them or indicating consent by electronic means. The Customer acknowledges that it has read and agrees to the terms and conditions of the TOU. If the Customer does not agree to be bound by the TOU, it must immediately discontinue all use of the Product. VE may from time to time as required and at its sole discretion change, modify or add to this TOU at any time, and without prior notice to the Customer. However VE will notify the Customer of any such modifications of the terms and conditions of the TOU that materially affect the Customers obligations, at the sole discretion of VE. The effective date of any such modifications will be set forth in the notice.
Please read this carefully. By using any part of the companiesandmarkets.com website (the "companiesandmarkets.com site"), or by accessing the companiesandmarkets.com or Service (as defined below) via any part of the companiesandmarkets.com site; and/or by registering as a User on the Registration page, you are deemed to have entered into this Agreement (the "Agreement"), with VE. ("Vertical Edge Limited") and to have accepted all the terms and conditions set forth below, which will govern all of your use of the companiesandmarkets.com Site.
If you do not agree to be bound by all the terms set forth below, do not use the companiesandmarkets.com site, or any other associated VE brands / sites or Service.
VE operates a service via the companiesandmarkets.com site, which provides services and content, information, links or other material (collectively, the "Service") to you ("User", "You" or "Your") for your individual use. "Individual use" shall be defined as individual's personal use, individual's use in the normal course of his or her business, or in the case of independent information professionals, use in the production of research for a specific client project.
If You have entered into a separate written agreement with VE governing Your access to and use of the Service, the terms of such written agreement shall prevail if there are any additional terms in such agreement or if there is any inconsistency with the terms set out below.
VE is a third party aggregator of research and report information written and compiled by publishers of this content / The Product / Service. By accepting these terms and conditions, you agree that Vertical Edge Limited is not responsible for incorrect information or data contained within the products published by our content partners (Publisher) with whom Vertical Edge has agreements. You agree that any claim for damages based on incorrect information, inaccuracies or similar will be directed towards the owner and publisher of the data, copyright and intellectual property and that you indemnify Vertical Edge Limited from any claim related to incorrect information, out of date information, inaccuracies or similar.
VE does not and cannot guarantee the completeness, accuracy or timeliness of the Service made available to User via www.companiesandmarkets.com (companiesandmarkets.com site). User agrees that VE and its licensors will not be liable for any action User takes or decision User makes in reliance on such Service. User is responsible for User's own investment decisions. VE is not providing User with investment advice. User should seek investment and other advice from User's financial, tax, legal, and other professional advisers before making investment and other decisions.
Vertical Edge and its Publisher Partners do not have any knowledge of, nor control over, the particular purpose(s) for which the Data is used. Accordingly, Vertical Edge and its Publisher Partners exclude any and all liability for any loss of any nature suffered by Subscribers, as a direct or indirect result of their use of any of the Data or of making any business decision, or refraining from making any such decision, based wholly or partly on any data, expression of opinion, statement or other information or data contained in the Data.
In certain cases, additional ‘passthrough' terms and conditions may apply to the of use of third-party publisher content, software or other services. Terms and conditions relating to third-parties may be delivered with applicable third-party content. If upon reading any such terms and conditions, you find you are unable to comply with them through circumstances outside of your control, you should contact companiesandmarkets.com (Vertical Edge Limited) within 12 hours of purchase (if the content is downloaded immediately) or receipt (if sent by email) to explain your circumstances. If we do not receive contact from you within this timeframe, you are deemed to be in approval of and in compliance with additional third-party terms and conditions delivered to you separately.
You may access and download content only as required to view the content on your computer for individual use, keeping all copyright and other notices on the content. You may print a single copy of content for your use. You are not permitted to republish or distribute any content or do anything else with the content, which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party Content, including additional licenses which permit further distribution of the content.
1. VE: The Service will be provided to you through the www.companiesandmarkets.com (companiesandmarkets) Site, a World Wide Web ("Web") site that is comprised of proprietary search technology and software and makes available to the User content, information, links or other material, including third party content (collectively, "Content"). The Service and the Content are collectively referred to in this Agreement as the "Service" or "companiesandmarkets.com".
2. How to Use the companiesandmarkets.com (VE) service:
(a) Any and all use of the companiesandmarkets.com and the www.companiesandmarkets.com site is governed by this Agreement whether or not you are a registered User.
(c) Credit Card and Debit Card Registration: When a registered User's use of the companiesandmarkets.com site incurs charges, User will be asked to submit User's credit card or debit card information so that such charges can be billed to User's account via VE's payment processing service provider. Such activities will be subject to the then-current terms set forth by VE's payment processing service provider. Without a valid credit card or debit card, and User's compliance with such terms, User will not be permitted to use the companiesandmarkets.com site in any manner that incurs charges, unless purchases by invoice are conducted. If purchasing by invoice, products will be dispatched upon receipt of payment. If requested by User, VE may store the credit card or debit card information that User submits to VE for use in connection with charges incurred during User's future visits to the companiesandmarkets.com site. companiesandmarkets.com site is available for free access via free registration (see above, 2 (a)) although VE reserves the right to charge for access at anytime in the future.
(d) Permitted Uses:
In User's use of the companiesandmarkets.com site, User may: (i) Display the Content on the screen of a terminal and print one copy for User's individual use; and
(ii) Download reasonable portions of the Content for User's individual use;
User shall include the existing copyright notices and trademarks whenever reproducing, printing or downloading any portion of the Content. User shall make no other use of the trademarks of VE, its Licensors, or its Content Providers, as defined below. User shall read and understand the pricing and licensing of products available on the site.
3. Scope of License:
(a) Subject to the terms and conditions of this Agreement, VE hereby grants User a non-exclusive, non-transferable license to access and use the companiesandmarkets.com site via the Web for User's Individual Use only. VE grants User no other licenses under this Agreement, either expressly or by implication.
(c) VE assumes no responsibility for the results of use of the companiesandmarkets.com site or of any Service, Content or software available from any of the Sites, or for any offensive or otherwise objectionable Content. User assumes total responsibility and risk of use of the foregoing.
4. Prohibited Uses:
(a) User may not: (i) Directly or indirectly, allow any other person to use or share User's user name or password, or to otherwise have access to the companiesandmarkets.com site;
(ii) reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, local area or wide area network or regularly or systematically store in electronic or print form all or any part of the companiesandmarkets.com site; or
(iii) publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit all or any part of the Service or Content (including, but not limited to, as part of any library, archive or similar service).
Any use of the Service or Content not specified in Section 2 above, is expressly prohibited.
User may use the companiesandmarkets.com site (including, but not limited to, Content obtained via the www.companiesandmarkets.com) for purposes other than User's Individual Use only pursuant to a separate agreement with VE and User's payment of separate fees.
(b) The license granted under Section 3 above may not be assigned, transferred or sublicensed without the prior written consent of VE. User shall not sell, lease, sublicense, assign, export, retransmit, publish, reproduce, reverse engineer, disassemble, decompile, otherwise attempt to discern the source code, modify or otherwise transfer in any manner any aspect of the companiesandmarkets.com site (including, but not limited to, any underlying software, technology or Content in any form) without the prior written permission of VE. User will not engage in, or cooperate with any third party engaging in, any activities with regard to the companiesandmarkets.com site that may be described as "framing" or "data harvesting".
5. User Access, Passwords, Responsibilities and Privacy:
(a) If a User's user name or password has been revealed to a person not expressly authorized by User to use it, User shall immediately notify VE by e-mail, confirming such notice in writing. Upon receipt of such notice, VE will, as promptly as practicable, freeze access to the Service for that user name and password and will assign User a new user name and password. User is responsible for all Use, whether permitted or not under this Agreement that is made under User's name and password unless such use is solely VE's fault.
6. Access and Force Majeure: VE will use reasonable efforts to make the Service available 24 hours a day, 365 days a year, except for repairs, maintenance, and upgrades. User acknowledges that the Service may be unavailable at times due to such problems as unavailability of the Web or downtime of Internet service providers. VE reserves the right to add to or remove any parts of the companiesandmarkets.com site at any time without prior notice. VE shall not be responsible for any failure to perform, or delay in performance, in whole or in part, due to unforeseen circumstances or circumstances beyond VE's reasonable control, including but not limited to acts of God, war, riot, terrorism, embargoes, acts of civil or military authority; communication line, server or Internet failures, attacks or viruses; or fire, flood, earthquakes, accidents, strikes, shortages of fuel, labor or materials.
7. Proprietary Rights in the Service and Intellectual Property Protection: User acknowledges that: (a) the Service and Content are proprietary to VE or its Licensors or its Content Providers and shall remain the exclusive property of VE and such Licensors or Content Providers; (b) copyrights, trademarks, product or service names, brand names, company names, and logos appearing in the Service or Content are the property of their respective owners; and (c) User has, and shall acquire in connection with this Agreement, no rights in the Service or Content other than as expressly set forth in this Agreement. User agrees to prevent the unauthorized access, duplication, distribution, modification, or other use of the Service and Content. Use of any third party software that User elects to use with the Service or Content shall be governed by such third party's license and not by this Agreement, and VE shall have no responsibility or liability for such software.
8. Fees and Taxes; Refunds
(a) User shall pay VE for the Service and Content the fees shown to User from time to time when using the Service and Content, subject to the credit card provisions set forth in Section 2(b) above. VE reserves the right to terminate this Agreement at any time without prior notice for failure to pay, and the right to require that User prepay any fees incurred. Overdue amounts shall bear interest at a rate of 1.5% per month, but no greater than the maximum permitted by law.
(b) User is responsible for all sales, use, property or similar taxes and all customs, VAT, tariffs, duties or similar import fees applicable to User's use of the companiesandmarkets.com site (collectively, "Taxes") and all attorney's and service fees resulting from collections of overdue fees and Taxes.
(c) All purchases from the companiesandmarkets.com site are final. If User is in any doubt about any transaction User enters into through the companiesandmarkets.com site, User should contact VE before clicking on the purchase button on the companiesandmarkets.com's final checkout screen. If User feels that an error has occurred in any transaction User enters into through the companiesandmarkets.com site, User should contact VE to discuss the problem with a member of VE's customer service team.
(d) Returns or Refunds - The electronic format and type of information sold by VE (and its brand website companiesandmarkets.com) is such that VE cannot accept returns of products once they have been despatched. Refunds will only be considered in the event of duplicate purchases and where the product does not accurately reflect what is being advertised. Refunds may occasionally be offered at the discretion of the management.
9. Term and Termination: VE may, in its sole discretion, terminate or suspend your access to all or part of the companiesandmarkets.com site with or without cause upon notifying User.
If User is in breach of this Agreement, VE may terminate this Agreement and User's access to the companiesandmarkets.com site and companiesandmarkets.com site without notice. In the event of termination, User's rights of access and use of the companiesandmarkets.com site will cease immediately. The rights of termination are in addition to, not in lieu of any and all other rights or remedies of VE set forth in this Agreement or in law or equity.
The following provisions of this Agreement shall survive its expiration or termination: Sections 4, 5(b), 7, 8, 10, 11, 12, 13, and 14.
10. Warranty Disclaimer, Limitations of Liability and Indemnification:
(a) the service and content, including but not limited to, any content, companiesandmarkets.com site, ve site, site, site-link or any site-related service, or any product or service accessed, licensed or purchased through the service, or any software used in or downloaded from the sites, is provided "as is."
(b) ve, its licensors and its content providers disclaim all warranties of any kind, either express or implied, with respect to the service and content, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ve makes no warranty that the service or content: (i) will meet user's requirements: (ii) that use of the service and content will be accurate, timely, or complete; or (ii) that use of the service and content will be error, defect or virus free, or uninterrupted or secure. user shall be solely responsible for any resulting damage to user's computer system or network or loss or damage to any data. any warranty that is provided by any third party in connection with any of the content or services described herein is provided solely by the owner, licensor, or provider of that content or service, and not by ve.
(c) user agrees, and shall require any third party who indirectly uses the service or content through user ("third party user"), to agree that in no event shall ve or its licensors or content providers be liable for the results of user's or any third party's use of the service or content, for its inability or failure to conduct its business, or for direct, indirect, incidental, special, consequential or exemplary or punitive damages, including, without limitation, damages for lost data, damaged computer systems or files or lost profits, whether in tort (including negligence), contract, strict liability, under statute, in equity, at law, or otherwise.
(d) ve's sole liability to user and third party users for any and all claims, whether in tort (including negligence), contract, strict liability, under statute, in equity, at law or otherwise, will not exceed one thousand pounds (?1000), even if ve has been advised of the possibility of such claim, loss or damage. the foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
(e) user agrees to defend and hold ve, its licensors and its content providers harmless from and against all claims, damages or liability (including attorney's fees) asserted against ve or its licensors or its content providers as a result of use of the service or content under this agreement by user or a third party user.
(f) The provisions of this Section shall survive any termination of this Agreement.
11. Exceptions to Exclusions and Limitations: Some countries do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so the above limitations may not apply. User may also have other rights, which vary from state to state.
12. Export Controls and Subscriber Representations: User may not export or re-export any underlying software, technology or other Content accessed through the Service, except in full compliance with this Agreement and all UK and other applicable laws and regulations. User represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list. User agrees to indemnify and hold harmless and defend VE against any and all liability arising from or relating to User's breach of this Section.
13. Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of VE and to the extent possible in the applicable jurisdiction, VE shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
(a) Entire Agreement: Subject to subsection (b) below, this Agreement constitutes the entire agreement of the parties on the subject matter hereof, and all prior agreements and all prior written or oral understandings shall be deemed to be superseded hereby. No waiver, alteration or modification of any of the provisions hereof shall be binding unless (i) in writing and signed by authorized representatives of VE and User; or (ii) provided by VE to User electronically by publishing on the companiesandmarkets.com site. User agrees that it shall be User's responsibility to check the companiesandmarkets.com site frequently for amended versions of this Agreement. If User uses the Site after this Agreement has been amended, User shall be agreeing to be bound by the amended Agreement. If User does not agree to be bound by such an amendment, User should not use the companiesandmarkets.com site after the amended Agreement is published on the companiesandmarkets.com site.
(b) Additional Terms: VE may be required to "pass through" additional terms to User as a result of a separate agreement between VE and a Licensor or Content Provider. Failure of User to electronically accept such "pass through" terms may result in: (i) denial of access to certain portions of the Service and/or certain Content; and/or (ii) termination of this Agreement.
(c) Assignment: VE may assign or transfer its interest in this Agreement. User may not assign or transfer its interest in this Agreement without VE's prior written consent.
(d) Headings: Headings in this Agreement are included for convenience or reference only and shall not constitute a part of this Agreement for any other purpose.
(e) Statute of Limitations: No suit or action shall be brought against VE, its Licensors or its Content Providers more than one (1) year after the accrual of any cause of action or claim.
(f) Third Party Rights:Licensors and Content Providers may invoke the provisions hereof against any claims by the User, any Third Party User of the companiesandmarkets.com site, or any other third party's claims arising out of or in connection with this Agreement. Except for the foregoing, VE and User intend that no third parties shall have any rights under, or arising from, this Agreement.
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