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:
1.1 “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.
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
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
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.
3.1 This Agreement, in combination
conditions under which Infomagnet makes the Service available to
you. In the event of an inconsistency between this Agreement and
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
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
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
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
4.23 All information
received by you from your use of Infomagnet services will be used
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
5. Information provided by Infomagnet
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
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
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.
11.1 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
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.