TERMS AND CONDITIONS OF USE OF OUR WEBSITE
These are our terms and conditions. They apply each time you visit our site and we will assume that you have read them before you use the Site. They do change from time to time and you agree to re-read them each time you visit us.
PLEASE NOTE: This site is intended for use only by business users and not for casual users or consumers.
These Terms and Conditions comprise the following sections:
- General Terms
- Client Terms
which together form the basis of the relationship between us and both you and we agree to be bound by what each section says.
1. YOUR PROMISES TO US
You agree that:
1.1 You have the right to make this Agreement with us and that, if you are an individual, you are over the age of 18 years.
1.2 You will read the terms and conditions on any site we link you to.
1.3 You will not use robots, spiders, scrapers or similar devices, for any purpose on the Site.
1.4 You will not try to get around any devices we install on the Site to stop or limit access to parts of it.
1.5 You will do nothing that might cause our systems to crash.
1.6 You will not copy, steal or otherwise acquire the Site or any part of it for use in any other site or application or for any other purpose.
1.7 You will not modify, or try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs or systems we use in connection with the Site or the services it offers.
1.8 You will not copy, imitate or use the trademarks and/or designs and/or layout or anything else which is or would usually amount to intellectual property and which we own.
1.9 You will not repost or otherwise publish any information on the Site or which you obtain from any third party by using the Site and the services it offers.
2. INTELLECTUAL PROPERTY
Either we or our business partners and affiliates own all of the information and intellectual property on the Site and you have no right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you.
3. PRIVACY AND COOKIES
4.1 We make no promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose or that it will not infringe the rights of others.
4.2 We make no promise that the Site will work with all systems; that it will be secure and that all information provided will be accurate.
4.3 We give no advice on the Site, any information provided is general in nature and may not apply to your situation. You must not rely on what we say when you make any decisions.
4.4 The opinions expressed in any blogs, news, analysis and reports appearing on the Site are those of their author and do not necessarily reflect our own opinion. You should take full professional advice before pursuing any suggestions offered through the Site.
4.5 We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from the Site.
4.6 If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
5. AVAILABILITY OF THE SITE
5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason we have no responsibility for any losses you may suffer as a result.
5.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time.
6. LIMITATION OF LIABILITY – THE SITE
6.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting and/or using the Site and the services we offer. You use the Site and our services at your own risk.
6.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
6.3 If you upload or pass any information to us which is incorrect in any way, we will have no liability to you for any actions, claims, costs or demands which follow that incorrect information and you will provide us with a complete indemnity in respect of all liability of whatever nature which we incur as a result.
7. LINKS TO OTHER WEBSITES
7.1 We have no control over any of the websites we link to and have no responsibility for the content of such websites and disclaim liability for any losses which come out of you using them.
7.2 Just because we link to a site does not mean that we endorse or recommend that site.
7.3 We can never guarantee that a link will work.
8. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
8.1 You agree to re-read these Terms and Conditions each time you visit the Site so as to understand any changes that we have made to them.
8.2 If we change the Site these Terms and Conditions will apply to any changes we make.
9. GENERAL MATTERS
9.1 These Terms and Conditions are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
9.2 We and you agree that these Terms and Conditions do not form the basis of any partnership or co-venture.
9.3 These Terms and Conditions supersede any previous terms and conditions we have published and represent the entire understanding between you and us.
9.4 Time will not be of the essence in any part of any agreement between you and us which is based on the Terms and Conditions.
9.5 You and we acknowledge and agree that the agreement formed resulting from these Terms and Conditions has not been entered into in reliance on anything said or promised by the other which is not in these Terms and Conditions.
9.6 If a Court or other body says that any part of these Terms and Conditions is unenforceable, the rest of them will stand.
9.7 If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
9.8 These Terms and Conditions contain the entire understanding between you and us.
If you are a Client, the following terms will apply to your use of the Site
A formal agreement will come into existence on the following terms and conditions when we have notified you that we have accepted you as a Client. Until that time, no agreement exists between you and us and, until we have accepted you as a Client, you have the right to cancel your request to become a client. If that happens, we will refund all monies you have paid us, using the account from which they were sent.
1. CLIENT OBLIGATIONS
You make the following warranties and agreements:
1.1 You are using the Information solely for the purposes of your business and you are not a consumer.
1.2 You are using the services we offer for your own benefit and not for that of any third party, save your clients.
1.3 You will not republish any Information we provide to you under the terms of the Agreement without our specific written consent and you may only quote from that Information if you cite us as its source.
1.4 You will use your own skill and judgement to assess whether any Information is:
1.4.1 likely to assist you and when acting on that Information
1.4.2 is accurate, complete and relevant.
1.5 You acknowledge that all or some of the Information is our property. You acknowledge and agree that, as between us and you, to the fullest extent permitted by law, all right, title and interest in the Information, and all modifications and enhancements thereof or thereto, including, without limitation, all rights under copyright and other intellectual property rights, belong to and are retained solely by us.
1.6 If you are using our services from outside the United Kingdom, please ensure that the services you use are legal in the country you wish to receive them, as we have no ability to know or advise on any local law.
2. OUR OBLIGATIONS
2.1 We will use our reasonable endeavours to ensure that the Information is accurate, complete and up-to-date.
2.2 We will provide our services with reasonable skill and care.
2.3 We will comply with all statutes, regulations, bye-laws, standards, codes of conduct and any other rules relevant to the delivery of our services.
2.4 We choose what Information we publish through the Site and have no obligation to store any Information we supply.
2.5 Our obligation is to provide Information and not opinion. Any opinion taken from the Information we supply is provided without obligation on our part.
3. LIABILITY INDEMNITY AND INSURANCE
3.1 We take every reasonable step we can to ensure that the Information we provide to you is robust but we give no warranty, express or implied, that it is accurate and/or complete. We accept no liability for any errors or omissions and have no responsibility for how your interpret or use the Information we provide.
3.2 We will ensure that we have in place, at all times, suitable and valid insurance that shall include professional indemnity insurance.
3.3 Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions shall be limited to the amount of cover provided by our professional indemnity insurance policy.
3.4 We will not be liable to compensate you for special damages, loss of profit or opportunity, indirect or consequential loss.
3.5 We are not liable for any loss or damage suffered by you that results from your failure to follow any instructions given by us.
3.6 Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury.
3.7 Subject to the other provisions of this Clause 3, we will indemnify you against any costs, liability, damages, loss, claims or proceedings arising out of our breach of these Terms and Conditions.
3.8 You will indemnify us against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by us) caused by you or your agents or employees.
3.9 Neither party shall be liable to the other or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of that party’s obligations if the delay or failure is due to any cause beyond that party’s reasonable control.
4.1 To become a Client, you must create an Account with us and when you do so, you promise that:
4.1.1 You will only have one Account for each member of your staff using our Service
4.1.2 All information you submit is accurate and truthful.
4.1.3 You will keep this information accurate and up-to-date.
4.1.4 You will not allow your staff member to share their Account with anyone else, including other members of your staff.
4.1.5 You will keep your Account details confidential and ensure that your staff members do the same.
4.1.6 You will not give and will not allow your staff members to give your, or their, username or password to anyone else.
4.1.7 You will ensure that you and your staff members log off when you or they exit the Site.
4.1.8 Your username will not be offensive, suggest that you (or your staff member) are someone else or that you (or they) represent a trade or brand name. We can change a username if we think it breaks this term.
4.2 If you cancel your agreement you will be entitled to no refund of the Subscription you have paid to us.
4.3 We may close your Account if you break (or, in our reasonable opinion, we think you have broken) the Agreement, without any liability to you for the consequences of that closure and without refunding to you any part of the Subscription you have paid us.
4.4 If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep that payment to cover our costs and you will be entitled to nothing.
4.5 If you do anything which we think might be fraud, we may report those actions to the Police.
4.6 If you have not authenticated your current email address with us and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account and retain the Subscription you have paid us.
4.7 You can cancel your Account with us at any time – all you need to do is email us at email@example.com
5.1 You may cancel your agreement with us at any time, but we will not refund any Subscription you have paid us.
5.2 We may cancel the Agreement at any time:
5.2.1 For any reason, if we give you 7 days’ notice; or
5.2.2 If you have materially broken any of these terms, without any notice at all.
5.3 If we cancel the Agreement, without reason, we will refund to you, on a pro-rata basis, the unused portion of any Subscription you have paid to us.
5.4 Cancellation shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement which existed at or before the date of termination.
6. TESTIMONIALS COMMENTS AND USE OF YOUR NAME AND LOGO
6.1 You agree that we may publish any testimonial or comments you make, either directly to us or through a third party, such as social media sites, blogs, editorials and other such media.
6.2 You accept that we have no obligation to make any payment to you, you warrant that you are the author of and have all copyright and intellectual property rights in any testimonial or comment you make.
6.3 You agree to indemnify us from and against all liability arising from a breach of this clause which we incur as a result of our use of your testimonial or comment.
6.4 You give a royalty-free worldwide licence to use your name and logo/s, as a client, in any marketing, advertising, publicity or other similar material we use.
7. ENTIRE AGREEMENT
7.1 These Terms and Conditions contain the entire agreement between you and us with regard to their subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of you and us.7.2 You acknowledge that, in entering into the Agreement, you do not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8. FORCE MAJEURE
No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The following words have the following meanings in these Terms and Conditions:
1. Account means the account you create with us if you register with the Site.
2. Agreement means the agreement which comes into effect when you accept our terms and conditions.
3. Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
4. Client means any Client who uses any of the services we offer through the Site.
5. Information means the information, reports, analyses and other matter we provide through the Site on payment of our Subscription and includes matter contained in any bespoke report we may provide.
6. Service means each and any service provided to you by us.
7. Site is www.ukmarketfocus.com
8. Subscription is the fee you pay us, as advertised on the Site.
9. Terms and Conditions means the:
- General Terms
- Client Terms
10. User means any person, firm or company using the Site for any purpose.
11. We are STRETTON DIGITAL Limited, a company registered in England and Wales under company number 12527565 and whose registered office is at 33 Brixworth Road, Spratton, Northampton, England NN6 8HH.
12. You are a visitor to the Site and/or a Client.