Restrictions on Use
Passwords and Security
Intellectual Property Rights
Limitation of Liability
Law and Jurisdiction
Scope of Services, Data and Payment Terms
This online service (‘the Service’) is provided by Air4casts Limited (‘Air4casts’).
The following terms and conditions apply to use of the Service and the data and information it contains (‘Data’). In these terms and conditions ‘Subscriber’ means a corporate subscriber and ‘Authorised User’ means an employee duly authorised by an organisation which is a Subscriber or any other person expressly authorised by Air4casts.‘Unauthorised Person’ means any person who is neither a Subscriber nor an Authorised User.
Air4casts may suspend access by any Subscriber to the Service at any time without compensation if it has reasonable grounds to suspect a breach of these terms and conditions by that person. Re-connection to the service will depend upon the appropriate subscription fee being paid.
Authorised Users and Subscribers may use the Service and the Data that appear on it for their own business research, and for this purpose may:
- display the Data on screen
- make printouts of items included in the Data and
- download and store in machine the Data solely for the Subscriber’s exclusive use
- display and discuss the data in presentations to customers or potential customers but
- must seek permission from Air4casts to display the Data in Press Releases.
2. Restrictions on Use
Authorised Users and Subscribers may not:
- make multiple printouts, downloads or copies of the Data for distribution to Unauthorised Persons
- re-sell the Service or any part of the Data to others
- make the Service or any of the Data available to Unauthorised Persons on a local area network, a wide area network or on any intranet or extranet
- abstract, download, store, reproduce, transmit, display, copy, distribute or use the Data other than as permitted by paragraph 1 above
- decompile, disassemble or reverse engineer any of the software programmes, databases or other systems used by Air4casts to provide the Service or
- use the Service, or any of the facilities available on the Service, for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material or any volume messages which may interfere with the provision of the Service or the use of the Service by others.
3. Passwords and Security
Where passwords are issued by Air4casts to access the Service:
- none of the pre-assigned system passwords may be changed by Authorised Users or Subscribers
- no password may be made available to any Unauthorised Person for the purpose of using the Service
- if Air4casts suspects that a password is being used by an Unauthorised Person the password may be cancelled.
- Data and features may be added to and removed from the Service without notice.
- The Data and information included in the Service are provided for reference purposes only. They are not intended as a substitute for professional advice or judgement. No Data or information should be relied upon to provide legal or other advice with respect to particular circumstances.
- Every effort is made to keep Data up to date but Subscribers and Authorised Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result.
- The Service and Data are provided on an ‘as is’ basis and Air4casts excludes to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
5. Intellectual Property Rights
- All intellectual property rights and other rights in the Service and Data (in both machine readable and printed form) belong to Air4casts or their third party licensors. Authorised Users and Subscribers acquire no proprietary interest in the Service or Data and, except as expressly permitted by these terms and conditions, may not use the Service or the Data in any way that infringes the intellectual property rights in them.
- Users wishing to employ and deploy copyright data on their own servers for onward distribution, and where they are not part of the Air4casts Own Server Scheme, must obtain consent from Air4casts acting on behalf of all copyright owners.
- Authorised Users and Subscribers may not obscure or remove any copyright notices that appear on Data printed from the Service.
6. Limitation of Liability
- To the full extent permissible by law Air4casts shall have no liability for any damage or loss (including, without limitation, financial loss, loss of profits, loss of business or any indirect or consequential loss), however it arises, resulting from the use of or inability to use the Service or any material appearing on it or from any action or decision taken as a result of using the Service or any such material.
- The liability of Air4casts for interruptions to availability of the Service caused by circumstances within its control shall not exceed the amount paid by the Subscriber for access to the Service in respect of the period of non-availability. The only obligation of Air4casts in respect of interruptions caused by circumstances outside its control shall be to use all reasonable efforts to have the Service reinstated.
7. Air4casts’ Obligations
- Air4casts undertakes to provide the Services outlined in the attached Proposal document in accordance with accepted commercial standards and to execute its obligations with care, skill and diligence.
- Air4casts will not disclose details of the nature of the Company’s subscription to third parties, nor will it disclose details of the Company’s data remits and downloads to third parties.
8. Law and Jurisdiction
These terms and conditions shall be interpreted in accordance with the Laws of England and any dispute shall be subject to the exclusive jurisdiction of the English Courts.
9. Limited Warranty and Liability
- All Data and Material provided under this Agreement is provided on an as is, where is basis. AIR4CASTS does not represent or warrant that the information contained in the Data and Material is complete or free from errors, and does not assume, and expressly disclaims, any liability to any person(s) or entities including without limitation, the Company for any loss or damage caused by errors or omissions in the Data or delay or interruption in the provision of or access to the Data, whether such errors, omissions, delays or interruptions result from negligence, accident or any other cause.
- Air4casts disclaims all warranties, both express and implied, including, but not limited to, implied warranties of merchantability, warranties of fitness for a particular purpose, condition, quality, performance and any warranty against infringement. In no event shall Air4casts be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, any other pecuniary loss, or any incidental, special, exemplary, punitive, third party or consequential damages) arising out of the use or inability to use the data, even if Air4casts has been advised of the possibility of such damages. Without limiting any provision of this agreement, in any event the cumulative liability of Air4casts and its licensors and contractors for all claims arising under this agreement, under any legal or equitable theory, including negligence, shall not exceed ten percent (10%) of the price paid by the company for use of the data.
10. Scope of Services, Data and Payment Terms
Air4casts and Company agree on the scope of services, data and payment terms, as attached to this agreement.
11. Force Majeure
- Each party will be excused from performing its operational and financial obligations under this Agreement during the period of any event beyond its reasonable control. Such events include but are not limited to war or unrest, strike or lockout, natural catastrophes or fire or government action. (“force majeure”)
- The party so affected shall immediately give the other party prompt written notice (by registered mail with acknowledgement of receipt) of any such events of force majeure and shall use its best efforts to keep the extent of the effect of such events to a minimum.
- Should the condition of force majeure continue to prevail beyond thirty (30) days, this Agreement may be terminated unilaterally by either Party upon written notice effective immediately, and given by registered letter with acknowledgement of receipt.