|Terms and conditions|
This agreement applies between you, the User of this Website and EYC the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In this Agreement the following terms shall have the following meanings:
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 this Website;
1. EYC Limited, 5 Kew Road, Richmond, Surrey, TW9 2PR, UK
VAT No: GB 887 8390 50
(Registered in England and Wales)
2. EYC USA Incorporated, Suite 120, 6210 Stoneridge Mall Road,
Pleasanton, California, 94588
3. EYC USA Incorporated, Suite 200, 6200 Baker Road,
Eden Prairie, MN 55346;
Means collectively any online facilities, tools, services or information that EYC makes available through the Website either now or in the future;
Means our place(s) of business located at 5 Kew Road, Richmond, Surrey, TW9 2PR, U.K. & Suite 295, 7600 Dublin Boulevard, Dublin, California, 94568;
Means any online communications infrastructure that EYC makes available through the Website either now or in the future. This includes, but is not limited to, web-based emails, message boards, live chat facilities and email links;
"User" / "Users"
Means any third party that accesses the Website and is not employed by EYC and acting in the course of their employment; and
Means the Website that you are currently using (www.eyc.com) and any sub-domains of this site (e.g. sub-domain. www.eyc.com/main.html) unless expressly excluded by their own terms and conditions.
Subject to the exceptions in Clause 3 of these terms and conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of EYC, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website, or unless given express written permission to do so by EYC.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of EYC or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.eyc.com without prior permission provided it is done in a fair and legal way and does not damage the reputation of EYC or take advantage of it. Deep linking (i.e. links to specific pages within the site) requires the express permission of EYC. To find out more please contact us by email or write to EYC Limited, 5 Kew Road, Richmond, Surrey, TW9 2PR, UK or call +44 (0) 208 255 2205.
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
EYC accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
From time to time EYC may restrict access to some parts of the Website. If you are provided with a user identification code or 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 any third party. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any provision of these terms and conditions of use.
EYC reserves the right to withdraw or amend the Service and/or the Content of the Website at any time without notice.
EYC's Fair Usage Policy is designed to ensure all clients have quick access to their Aspects reports and that their Aspects system is available for use on a consistent basis. While normal or even heavy client usage is not expected to cause a problem, we do need to manage the unique situations where a user requests a massive batch of reports to run concurrently which would unfairly impact speed of insight delivery for other clients. Towards that end, EYC has a Fair Usage Policy that Clients agree to follow. The policy is as such:
Clients agree to not engineer an automated report request system or request a very large number of reports to be run concurrently. In the event that a user submits a request that would result in such a surge, EYC reserves the right to temporarily suspend the processing of these reports and to then allocate their processing over a time period that will not impact other users. EYC will contact the client before taking this action.
In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see addresses above) or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
These terms and conditions and the relationship between you and EYC shall be governed by and construed in accordance with the Law of England and Wales and EYC and you agree to submit to the exclusive jurisdiction of the English Courts.