Terms and conditions

BACKGROUND:

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.

  1. Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings:

    "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 this Website;

    "EYC"
    Means
      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;

    "Service"
    Means collectively any online facilities, tools, services or information that EYC makes available through the Website either now or in the future;

    "Premises"
    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;

    "System"
    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

    "Web Site"
    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.

  2. Intellectual Property

    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.

  3. Third Party Intellectual Property

    Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

    You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  4. Links to Other Websites

    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.

  5. Links to this Website

    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.

  6. Use of Communications Facilities
    6.1
    When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
    6.1.1
    You must not use obscene or vulgar language;
    6.1.2
    You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    6.1.3
    You must not submit Content that is intended to promote or incite violence;
    6.1.4
    It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
    6.1.5
    The means by which you identify yourself must not violate these terms of use or any applicable laws;
    6.1.6
    You must not impersonate other people, particularly employees and representatives of EYC or our affiliates; and
    6.1.7
    You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
    6.2
    You acknowledge that EYC reserves the right to monitor any and all communications made to us or using our System.
    6.3
    In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
    6.3.1
    Any information you submit is accurate and truthful; and
    6.3.2
    You will keep this information accurate and up-to-date.
  7. Disclaimers
    7.1
    EYC makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
    7.2
    No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    7.3
    No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only.
    7.4
    Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from EYC correspond to the actual products and / or services, EYC is not responsible for any variations from these descriptions.
    7.5
    EYC does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
    7.6
    All pricing information on the Website is correct at the time of going online. EYC reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month.
  8. Availability of the Website

    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.

  9. Accessing the Website

    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.

  10. EYC Fair Usage Policy

    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.

  11. Limitation of Liability
    11.1
    To the maximum extent permitted by law, EYC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    11.2
    Nothing in these terms and conditions excludes or restricts EYC's liability for death or personal injury resulting from any negligence or fraud on the part of EYC.
    11.3
    Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  12. No Waiver

    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.

  13. Previous terms and conditions

    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.

  14. Notices

    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.

  15. Law and Jurisdiction

    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.

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