You agree to be bound by these terms and conditions when accessing and using GlobalWebIndex Analysis Platform tool and data on a trial basis.
1. Definitions
The following definitions apply to these terms and conditions.
Authorised Users: all your employees at the geographical address we confirm to you in writing.
Data: any information, data, statistics, report or content accessed via the Analysis Platform.
Analysis Platform: Our online GlobalWebIndex Analysis Platform tool which provides access to the Data.
Region: the country, countries or areas we notify to you in writing.
Location: the location of usage we notify to you in writing.
Trial Data Access: access and use of the Data collected during the Waves for the purpose of determining whether you wish to subscribe to the GlobalWebIndex service.
Waves: specific periods of time during which sets of Data are gathered through market research as notified to you in writing.
we, us, or our: Trendstream Limited.
you, your or customer: The party who enters into this agreement with us, and, where the context so requires, you or your includes the Authorised Users.
“in writing” shall include email.
2. Licence
2.1 You and the Authorised Users are granted a non exclusive and non transferable licence to use the Analysis Platform for Trial Data Access for the Trial Period (as described in clause 2.3) from the Location for the Region in accordance with these terms and conditions.
2.2 You and the Authorised Users can view all content on our site (www.globalwebindex.net) and Data for the purposes of determining whether you wish to subscribe to the GlobalWebIndex service. By entering into this agreement, you agree that you will be bound upon subscription to the GlobalWebIndex service by the GlobalWebIndex Terms and Conditions
2.3 The licence granted under this clause 2 shall commence on the date notified to you and terminate on the date notified to you (“Trial Period”).
2.4 Except as stated in clause 2.2, during the Trial Period you and the Authorised Users cannot use, analyse, copy, distribute or sell the Data to or on behalf of any third party.
3. Disclaimer
3.1 We shall not be liable if for any reason access to our site, the Analysis Platform or Data is unavailable at any time or for any period.
3.2 Access to our site, to the Analysis Platform, or the Data may be suspended temporarily and without notice for any reason.
3.3 Content on and obtained via this site or the Analysis Platform including Data is provides “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
3.4 We, and our officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you, any Authorised User or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our site, Analysis Platform and Data in any way or in connection with the use, inability to use or our site, Analysis Platform and Data , including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of our site, Analysis Platform and Data.
3.5 Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by negligence; or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
4. Personal Data
4.1 Any personal data provided pursuant to this agreement will be dealt with in accordance with the terms of our privacy policy [insert link to privacy policy].
4.2 If you submit an individual’s personal information to us you confirm you have the authority to do so.
5. General
5.1 We have the right to change these terms and conditions from time to time. Changes will be posted on our website. By accessing our site, and undertaking the Trial Data Access, you and the Authorised Users agree that you are subject to the terms and conditions in force at that time.
5.2 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent territory to be invalid, unenforceable or illegal, the other provisions shall remain in force.
5.3 Failure by us to exercise or enforce any right in relation to terms and conditions of this agreement shall not be deemed to be a waiver of that right.
5.4 A person who is not a party to this agreement shall not have any rights under or in connection with it.
5.5 The agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims)(“Disputes”) shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts to settle any Disputes.
5.6 These terms and conditions and any other terms referred to herein, constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement. Each party acknowledges that, in entering into this agreement, it does not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.