Terms & Conditions
AcuComm Terms & Conditions
IMPORTANT NOTICE - PLEASE READ CAREFULLY: BY PROCEEDING TO OPEN A SUBSCRIPTION, PURCHASE A REPORT, RESPOND TO A FREE OFFER, TAKE 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.
“Services” means any AcuComm subscription, report, survey, graphic image or other content of any nature which is viewed or downloaded by you.
“Site” means www.acucomm.net and/or any related site which may from time to time be developed and operated by AcuComm Ltd.
1. INFORMATION ABOUT US
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
By accessing the Services, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
3. CONTRACT FORMATION
Placing an order for Services does not mean that your order has been accepted. Your order constitutes an offer to us to provide Services and only when your order has been accepted will a Contract be formed between the parties.
4. PROPRIETARY INFORMATION
4.1 You acknowledge that the novel and original information provided in the Services is proprietary to AcuComm. You will use the Site and the Services solely 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 the Site or the Services. This clause 4 shall survive any expiration or termination of the Contract. Access to the Services is issued to specific users and customers and users who will use all reasonable efforts to prevent any unauthorised third party access to the Site or the Services.
4.2 AcuComm asserts no rights to material included in the Site or the Services 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 by the 3rd party in question.
5. LICENCES AND LIMITATIONS OF USE
5.1.1 You are granted a non-exclusive, non-transferable, limited licence to access and use the Services within the terms set out in your licence. These restrictions apply to both customers and any user community they represent.
5.1.2 Licences are available to meet the following distribution requirements
|Global Licence||Full access for all employees of the subscribing company anywhere in the world with rights to print, store and distribute AcuComm materials without limit but only within the subscribing company. A Global Licence does not give rights to provide access to third parties or distribute material outside of the subscribing company or to use material for commercial publication|
|Site Licence||Full access for all employees of the subscribing company at a specific geographic site location with rights to print, store and distribute AcuComm materials only at the specific site location. A Site Licence does not give rights to provide access to third parties or distribute material outside of the specific site location or to use material for commercial publication|
|Single User Licence||Full access for a single identified user of the subscribing company at a specific geographic location with rights to print and store AcuComm materials restricted to the single user. A Single User Licence does not give rights to provide access to third parties or distribute material outside of the Single User specific site location or to use material for commercial publication. Additional users can be added, at AcuComm’s discretion, on payment of an Additional User subscription fee.|
5.2Licences are subject to the following limitations:
5.2.1 The right to electronically display information from the Site or the Services is governed by your licence;
5.2.2 The right to a print any material from the Site or the Services is limited to a single printout per user obtained using the printing commands of the Site or your web browser or the creation of a single printout of the material downloaded via downloading commands of the Site or your web browser. You cannot not distribute any material from the Site or Services unless such distribution is included in your Licence; and
5.2.3 The right to retrieve and store machine-readable copies of the Services is limited to the retrieval of a single copy per user of the relevant material as specified in your licence using the downloading commands of the Site or your web browser software and storage of that copy in machine-readable form.
5.3 Except as specifically provided for in your Licence you are otherwise prohibited from abstracting, downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing or using any material retrieved from the Site or the Services. You may not print or download and material from the Site or the Services without using the printing or downloading commands of the Site or your web browser. All access to, and use, of the Site or Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Site and the Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
5.4 If you print off, copy or download any part of the Site or the Services in breach of the conditions in this clause 5 your right to use the Site or the Services 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 unrestricted damages (including injunctive relief) for breaches of these terms.
5.5 All right, title and interest including all copyrights and other intellectual property rights, patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill, moral rights, 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 the Services (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 the Site and the Services or copies thereof.
5.6 Except as specifically provided herein, you may not use the Site or the Services in any fashion which infringes the copyright or proprietary interests therein.
5.7 Our status (and that of any identified contributors or organisations) as the authors of material in the Site or the Services must always be acknowledged. You may not remove, alter or obscure the copyright notice or other notices contained in any material retrieved from the Site or the Services.
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 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.
6.4 You must ensure that each person having access to the Site or the Services complies with these conditions and that they comply with them.
6.6 You are responsible for making all arrangements necessary for you to have access to the Site.
6.7 You must notify us immediately if you know or suspect unauthorised access or use of the Site and provide full details of such use and work collaboratively with AcuComm to achieve a resolution.
7. RELIANCE ON INFORMATION POSTED
Neither the Site nor the Services are 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, user of the Services or by anyone who may be informed of any of their contents.
8. OUR SITE CHANGES REGULARLY
We aim to update the Site regularly and may change the content at any time. If the need arises and without notice, 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 the Services available pursuant to these conditions.
9.2 Except as otherwise provided in condition 9.1, the Site and the Services are provided on an "as is ", "as available" basis and we make no express warranties, including, without limitation, that the Site or the Services are or will be free from errors.
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 or the Services 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 Services.
11. FORCE MAJEURE
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. NOTICES & 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 or the Services, 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. 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.
15.2 All notices given by you to us must be sent to AcuComm Limited at, 4 Northgate, Chichester, West Sussex, PO19 1BB, UK.
15.3 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.
15.4 Any legal 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.
16.1 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.
16.2 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.
17. NO PARTNERSHIP OR AGENCY
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).
18. THIRD PARTY RIGHTS
18.1 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.
18.2 Save for the owners of any intellectual property supplied by us, no third party shall acquire any rights under this Agreement.
20. JURISDICTION AND APPLICABLE LAW
The courts of England and Wales will have 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 Terms and Conditions are governed by the laws of England and Wales.
We may revise these conditions of use at any time.. You are expected to check these terms at www.acucomm.net/terms-condition 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.
Customers are not entitled to receive any refund of any sums paid unless AcuComm is in breach of its obligations or as otherwise agreed in writing.
These Terms & Conditions last updated February 2020