Terms and Conditions of Service Agreement - Infomagnet.com

This Agreement (the "Agreement") by and between You and Infomagnet Ltd., a company incorporated under the laws of England and Wales, (“Infomagnet”) is entered into with effect from the moment you submit your registration to use the services offered by Infomagnet (the “services”).

In consideration of the mutual covenants contained in this Agreement, the parties hereby agree to the following:

1. Definitions
1.1 “The Service” or “The Services” or “Infomagnet Services” means the services both developed and provided by Infomagnet through the website www.infomagnet.com and its subdomains. These services include “Global-i”. and any other services that are developed by Infomagnet and may be offered through the websites www.infomagnet.com, www.infomagnet.co.uk and their subdomains.

1.2 “Third party services” or “Third party service” are services or functions that are available from the www.infomagnet.com, and www.infomagnet.co.uk websites or any other website owned and maintained by Infomagnet (the Infomagnet websites) but are not provided by or developed by Infomagnet.

1.3 “You” refers to you, your company, or your organisation. Where the service is provided to a company, partnership or other association, the agreement applies to all of the individuals within that organisation who may use the service.

2. Content Linked to by Infomagnet
2.1 The websites linked to by Infomagnet and provided by Infomagnet Services are developed, published and hosted by parties over whom Infomagnet has no control. Infomagnet is in no way liable for the usefulness, accuracy, content, appropriateness, functionality or lack thereof for any of these websites.

2.2 Infomagnet takes no responsibility for the material published by other parties and will not be held responsible for any losses or damage of any sort incurred by visiting other websites that may be linked either to or from the Infomagnet websites or provided as links from the Infomagnet services.

2.3 From time to time, Infomagnet may make available by the use of a link or links or other protocols, third party services which are not provided, developed or controlled by Infomagnet. Your use of such a third party service is at the discretion of the provider of that particular service and may be subject to the terms and conditions of use or other such agreement as determined by the provider of that third party service. Infomagnet strongly suggest that you read and agree to the terms and conditions or other agreement containing any restrictions concerning the use of third party services.

2.4 Infomagnet will not be held responsible for the use of third party services and will not be liable in any respect for any losses or damage of any sort incurred by using third party services that may be linked either to or from the Infomagnet websites.

3. Priority
3.1 This Agreement, in combination with Infomagnet’s Privacy Policy sets forth the terms and conditions under which Infomagnet makes the Service available to you. In the event of an inconsistency between this Agreement and Infomagnet’s Privacy Policy, this Agreement shall prevail.

4. Proper Use
4.1 You agree that you will use the Service in compliance with all local, national and international laws, rules and regulations that apply to you.

4.2 Infomagnet or its licensors own all intellectual property rights (including copyright and database rights) of all material on the Infomagnet sites.

4.3 You may for your personal, non-commercial use retrieve and display information provided by Infomagnet services on any compatible device.

4.4 You shall not use Infomagnet Services for the purpose of either creating a "paid for" service or other information dissemination without the express written permission of Infomagnet.

4.5 You may not use Infomagnet services for any unlawful purpose.

4.6 You may not create derivative works of, store, archive, publicly display or in any way commercially exploit any of Infomagnet services without the express written permission of Infomagnet.

4.7 You may not deep link to, frame, spider, harvest or scrape any of the Infomagnet services.

4.8 You acknowledge that Infomagnet and the Infomagnet logo is a trademark and cannot be used or reproduced without express written permission from Infomagnet.

4.9 An individual subscription to Infomagnet Services is for your use and your use only.

4.10 You may not share your individual subscription or your login details with any other party.

4.11 You undertake not to disclose your password to any unauthorised persons.

4.12 In the event that your password security is compromised, you agree to contact Infomagnet immediately, advising of the risk and requesting a new password.

4.13 If you are using an individual subscription to Infomagnet services in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you must should contact us to discuss your business requirements, since it is possible that your use of Infomagnet services extends beyond what is permitted by these terms and conditions.

4.14 An individual subscription allows one connection from one place at any given time to infomagnet services. You may connect from a total of up to 5 different locations. should you require more locations than this, you must contact us to request additional locations.

4.15 Any attempt, successful or not, to share your connection, your login details or your password will be construed as a breach of these terms and may result in suspension or termination of your subscription without further obligation to you.

4.16 A corporate subscription is required if you wish to access Infomagnet services from multiple locations or with multiple users simultaneously. Corporate subscriptions are offered on a "per seat" basis and allow connections from multiple users in multiple locations simultaneously up to a maximum number of users, simultaneous users and locations expressly agreed in writing between Infomagnet and you.

4.17 Infomagnet reserves the right to refuse service to anyone at any time without notice.

4.18 Infomagnet will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

4.19 Where service is provided to a company, partnership or other organisation, it is the general responsibility of the management of that organisation to make employees, sub-contractors and other agents who have authorised access to Infomagnet Services aware of the terms and conditions of this Agreement.

4.20 All information provided by Infomagnet is for your use only and is done so for the purposes of your research - it may not be re-sold without written permission from Infomagnet.

4.21 If you wish to cancel your subscription to Infomagnet services, you must notify us by email, quoting your name, address and username.

4.22 On registration, you must provide Infomagnet with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Infomagnet site pages. Infomagnet is entitled to rely on any information you provide to us.

4.23 All information received by you from your use of Infomagnet services will be used by Infomagnet in accordance with our Privacy Policy.

4.24 If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that we may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a reasonable request from a third party to stop sending messages to you.


5. Information provided by Infomagnet
5.1 Information provided via the Services is not intended to substitute for informed professional advice of any sort.

5.2 Infomagnet is not responsible for the accuracy of information supplied by Infomagnet services. We make every effort to ensure the procurement and supply of accurate data from third parties but its accuracy is not warranted in any way.

6. Payment Terms
6.1 Infomagnet services are available on a subscription basis.

6.2 Various subscription products of differing scope and duration may be available from time to time.

6.3 A subscription may be purchased at any time for a duration and price as displayed on the subscription, registration pages of the Infomagnet websites.

6.4 A subscription may purchased whose duration is shown on the subscription and registration pages of the infomagnet websites and whose start date is from the moment you make your purchase.

6.5 Should you wish to renew a subscription before the renewal date, your new subscription will start from the original renewal date of your current subscription.

6.6 If you have cause for complaint, you may ask for a refund. Infomagnet undertakes to investigate every case of complaint and, if the cause of complaint is found to be reasonable, will refund the unused remaining term of your subscription, calculated on a pro-rata basis.

6.7 Trial versions and trial accounts of Infomagnet services are available. Refunds for subscriptions purchased in error, whether used or unused, in whole or in part, will not be made.

6.8 Pursuant to DTI rules on services that begin before the "cooling off period", once you have purchased a subscription to Infomagnet services, a refund can only be made if you have cause for complaint.


7. Limitation of Liability
7.1 Under no circumstances will Infomagnet, its employees or its subcontractors be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the services whether or not Infomagnet has been advised in advance of the possibility of such damages.

7.2 Your sole and exclusive remedy shall be the refund of fees actually paid by you to Infomagnet for the individual instances of the use of the services that give rise to a claim.

7.3 Infomagnet shall not be be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom.


8 . Hold Harmless and Indemnify

8 .1 To the extent permitted by law, you agree to hold harmless and indemnify Infomagnet, its employees and its subcontractors from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature.

9. Release and Waiver
9 .1 To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Infomagnet and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and lawyers' fees) of every kind and nature, arising out of or in any way connected with use of the Service.

10. No Assignment
10.1 You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from Infomagnet. Any such purported assignment or delegation by you without Infomagnet's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Infomagnet at its sole and absolute discretion.

11. Miscellaneous
11.1 This Agreement shall be construed under the laws of England and Wales.

11.2 If either party employs lawyers to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable lawyers fees.

11.3 Subject to the limitations set forth in this Agreement, this Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.

11.4 If any provision of this Agreement shall be held by a Court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.5 All obligations created by this Agreement shall survive change or termination of the parties' business relationship.

11.6 Infomagnet's failure to act with respect to a breach of this agreement by you or others does not waive Infomagnet's right to act with respect to subsequent or similar breaches. The failure of Infomagnet to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

11.7 This agreement does not affect your statutory rights.

 
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