Terms & Conditions
IMPORTANT NOTICE: PLEASE READ CAREFULLY
BY PROCEEDING TO OPEN A SUBSCRIPTION, PURCHASING A REPORT, RESPONDING TO A FREE OFFER OR TAKING PART IN A SURVEY OR ANY OTHER ACTIVITY WHICH FROM TIME TO TIME ACUCOMM MAY UNDERTAKE YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU AND YOUR EMPLOYEES AND ANY DIRECTLY RELATED COMPANIES OR INDIVIDUALS WHICH THE LICENCE OR YOUR ORDER OR YOUR INSTRUCTION MAY COVER.
1. INFORMATION ABOUT US
1.1 www.acucomm.net and any related site which may from time to time be developed is operated by AcuComm Ltd. AcuComm Ltd is registered in England and Wales under company number 08212024 and our registered office is at 4 Northgate, Chichester PO19 1BA. UK.
2. YOUR STATUS
2.1 By opening a subscription, purchasing a report, responding to a free offer or taking part in a Survey or any other activity which from time to time AcuComm may undertake (collectively The Site), you warrant that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are at least 18 years old;
3. CONTRACT FORMATION
3.1 Placing an order does not mean that your order has been accepted. Your order constitutes an offer to us to open a subscription on these conditions.
4. PROPRIETARY INFORMATION
4.1 You acknowledge that the novel and original information provided in The Site is proprietary to AcuComm. You will use The Site and the Information solely for use in accordance with the terms of the licence granted to you. You will not provide any Information, in whole or part, to any third parties. You will comply with all proprietary and restrictive notices that may appear in AcuComm website or related materials. This condition 4 shall survive any expiration or termination of the Contract. Access information to The Site is issued for specific users and subscribers and users will use all reasonable efforts to prevent any unauthorised third party access to AcuComm or the related materials.
4.2 AcuComm asserts no rights to material included in The Site or its related materials that is the intellectual property of 3rd parties. Any re use of 3rd party material is prohibited unless express written permission for such use is granted directly to the subscriber or user by the 3rd party.
5. LICENCE – RESTRICTIONS ON USE
5.1 You are granted a non-exclusive, non-transferable, limited licence to access and use The Site within the terms set out in your licence. These restrictions apply to both subscribers and any user community they represent. This licence is subject to the following limitations:
5.1.1 The right to electronically display information from The Site is limited to those covered by the licence;
5.1.2 The right to obtain a printout of any material from The Site is limited to a single printout per user obtained using the printing commands of The Site or your web browser software or the creation of a single printout of the material downloaded via downloading commands of The Site or your web browser software; and
5.1.3 The right to retrieve and store machine-readable copies of content is limited to the retrieval of a single copy per user of the material using the downloading commands of The Site or your web browser software and storage of that copy in machine-readable form.
5.2 Except as specifically provided in condition 5.1 you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing or using any material retrieved from The Site. You may not print or download Title(s) without using the printing or downloading commands of The Site or your web browser software. All access to and use of The Site via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of The Site is permitted only via manually conducted, discrete, individual search and retrieval activities.
5.3 If you print off, copy or download any part of The Site or related material in breach of these conditions of use, your right to use The Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. AcuComm reserves the right to pursue breaches of these terms for damages.
5.4 All right, title and interest (including all copyrights and other intellectual property rights, patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world) in The Site and related materials (in both print and machine-readable forms) belong to AcuComm or such third party agents as we may from time to time appoint. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in our site or related materials or copies thereof.
5.5 Except as specifically provided herein, you may not use The Site or related materials in any fashion that infringes the copyright or proprietary interests therein.
5.6 Our status (and that of any identified contributors or organisations) as the authors of material on The Site must always be acknowledged. You may not remove or obscure the copyright notice or other notices contained in any material retrieved from The Site.
6. ACCESSING THE ACUCOMM SITE
6.1 Access to The Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason The Site is unavailable at any time or for any period.
6.2 From time to time, we may restrict access to some parts of The Site, or The Site in its entirety.
6.3 Materials may be added to or withdrawn or otherwise changed without notice.
6.4 If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to, or share it with, any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these conditions of use.
6.5 You must ensure that each person having access to The Site or related materials complies with these conditions.
6.6 You are responsible for making all arrangements necessary for you to have access to The Site. You are also responsible for ensuring that all persons who access The Site through your internet connection are aware of these conditions, and that they comply with them.
7. RELIANCE ON INFORMATION POSTED
7.1 The Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to The Site, or by anyone who may be informed of any of its contents.
8. OUR SITE CHANGES REGULARLY
8.1 We aim to update The Site regularly, and may change the content at any time. If the need arises, we may suspend access to The Site, or close it indefinitely. Any of the material on The Site may be out of date at any given time, and while all reasonable effort is made to ensure its currency we are under no obligation to update such material or guarantee the currency of such material.
9. LIMITED WARRANTY
9.1 We represent and warrant that we have the right and authority to make The Site and related materials available pursuant to these conditions.
9.2 Except as otherwise provided in condition 9.1, The Site and related materials are provided on an "as is ", "as available" basis and we make no express warranties under this agreement, including, without limitation, that the Site or related materials are or will be free from errors.
9.3 To the extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10. LIMITED LIABILITY
10.1 The following provisions set out the entire financial liability of AcuComm and any third party contributors (including any liability for the acts or omissions of employees, agents and sub-contractors) to you in respect of:
10.1.1 any breach of the contract or licence;
10.1.2 any use made by you of The Site and related materials or any part of them; and
10.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the contract and/or licence.
10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract or licence.
10.3 Nothing in these conditions excludes our liability:
10.3.1 for death or personal injury caused by the our negligence; or
10.3.2 for fraud or fraudulent misrepresentation.
10.4 Subject to condition 10.2 and condition 10.3:
10.4.1 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, licence, misrepresentation or otherwise for:
(a) loss of profits; or
(b) loss of business; or
(c) depletion of goodwill or similar losses; or
(d) loss of anticipated savings; or
(e) loss of goods; or
(f) loss of contract; or
(g) loss of use; or
(h) loss or corruption of data or information; or
(i) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
10.4.2 Our total liability in contract, licence, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract or licence shall be limited to the price paid for the AcuComm service.
11. FORCE MAJEURE
11.1 We shall have no liability to you under the Contract if we are prevented from, or delayed in, performing our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of AcuComm or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
12.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.1 below.
13.1 If any provision of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
13.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14. ENTIRE AGREEMENT
14.1 These conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 The parties each acknowledge that, in entering into this agreement, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such contract except as expressly stated in these conditions.
14.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these conditions.
15. WRITTEN COMMUNICATIONS
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using The Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.1 All notices given by you to us must be given to AcuComm Limited at, 4 Northgate, Chichester, West Sussex, PO19 1BB, UK. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15.1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three to seven days (depending on your location) after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.2 Any notice under the Contract shall be in writing and shall sent by pre-paid first-class post or recorded delivery post to you at the address as set out in the Contract, or such other address as may have been notified by you for such purposes. A correctly addressed notice sent by prepaid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
17.1 You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
17.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract.
18. NO PARTNERSHIP OR AGENCY
18.1 Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19. THIRD PARTY RIGHTS
19.1 Each third party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
19.2 Save for the owners of any intellectual property supplied by us, no third party shall acquire any rights under this Agreement.
20.1 AcuComm recognises the importance that you place on your data protection rights when using the Internet. This policy has been prepared to inform you of how any information that you voluntarily provide to AcuComm via our web site or by other means will be used and what choices you have.
20.2 Data collected on this web site is held by AcuComm and may be used for marketing and customer services purposes by AcuComm. AcuComm takes every precaution to protect your data. All personal data submitted is held in a secure database, accessible only by authorised AcuComm personnel.
20.3 Requests for personal details vary but are, in all instances, primarily to give AcuComm the opportunity to contact you, either as a direct response to a request or to follow-up a request for the provision of AcuComm information. Some information requests may form part of an internal marketing survey and be used for analysis by AcuComm. This information is solely for use by AcuComm and will not be disclosed to any third party.
20.4 Personal data is collected openly through the information you supply. Unless otherwise stated, AcuComm will hold your details on file for future marketing and communication campaigns.
20.6 The only information AcuComm has about the subscriber or users they represent is provided by the subscriber or the user. For this reason, if any contact details or related information material to the licence and its users change and you must inform AcuComm in writing immediately. Full contact details for AcuComm are available on the 'Contact us' page on this web site.
20.7 AcuComm asserts and commits to ensuring that no data provided as part of a subscription or information request will be sold, rented or otherwise distributed to any 3rd party outside of AcuComm.
20.8 AcuComm reserves the right to rent, swap or purchase contact details from bona fide suppliers of such contact details and to use those contact details for the purposes of marketing, survey and market analysis. Contact information so acquired is done so in good faith that the supplier has permission to supplier such information. AcuComm will fulfil its obligations to suppress and cease using such contact details on request but cannot be held liable in any way for the continued supply of such contact material by the supplier.
21. JURISDICTION AND APPLICABLE LAW
21.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to The Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These conditions of use are governed by English law.
22.1 We may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these conditions of use may also be superseded by provisions or notices published elsewhere on The Site.
23.1 Customers are not entitled to receive any refund of any sums paid unless otherwise agreed in writing by the supplier