Alert Business Intelligence Ltd – Terms and Conditions of Use
Ownership and Other Intellectual Property Rights
This site and all its pages are copyrighted (c) 2005-2024, Alert Business Intelligence, all rights reserved. The only exceptions are materials copyrighted by our licensors and used with permission. Alert Data content, including the information, names, images, pictures, logos and icons regarding or relating to Alert Business Intelligence, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Accuracy of Information
The information on this site comes from a variety of sources and includes information that is subject to change without notice. Alert Business Intelligence wants this information to be up-to-date and accurate, but we cannot guarantee and do not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this site is free of viruses or other harmful computer code. Some of the information displayed on these website pages changes rapidly, often every day, and sometimes from minute to minute. The accuracy and timeliness of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of Alert Business Intelligence. Therefore, you must independently verify the accuracy of any information presented here. Alert Business Intelligence wants the functions contained in its online services to be uninterrupted and error free, and for defects to be corrected, and for the server to make the service available free of viruses or bugs, but does not warrant this will be the case. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, security and title.
Limitation Of Liability
Nothing in this Agreement shall exclude or in any way limit the Company’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this but including any liability arising under any indemnity under this Agreement the Company’s maximum aggregate liability under or in connection with this Agreement, whether in contract, or tort (including negligence) or otherwise, will in no circumstances exceed the Subscription Charges. We are not responsible for any loss or damage, (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Alert Business Intelligence information services regardless of the form of action.
Robot Exclusion Standards and Headers
You will not use any robot, spider, other automatic device, ‘bot, or manual process to monitor or copy our web pages or the content contained herein without Alert Business Intelligence’s prior express written permission. You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site. You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure. Some information on our site is updated on a real time basis and is proprietary or is licensed to us by third parties. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without our prior express written permission, or that of the appropriate third party.
Links To Third Party Websites
The Website or data may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites
Changes To Website
Alert Business Intelligence will try to give advance warning of any changes to the delivery or content of its services but reserves the right to change or remove (temporarily or permanently) the Website or data or any part of it without notice and you confirm that Alert Business Intelligence shall not be liable to you for any such change or removal and has the right to change these Terms and Conditions at any time.
Use Of Service
You are granted an exclusive, non-transferable, license to access the information services and other materials and reports made available.
Only individuals and/or business units authorised by Alert Business Intelligence may access and use the Online Services or the offline reports.
You understand that the data is made available for the exclusive use of your own organisation and accept that you will not publish or make the data available to any third parties including sister, parent, partner or other group related organisations.
You agree to not publish the information in any way that would enable third parties to access it without a subscription.
You agree to use the information only for lawful purposes, and in a way that does not infringe the rights of anyone.
Subscriptions
You are provided with password details to allow access to and the downloading of information from the Alert websites. Or you are provided with offline reports. If you are dissatisfied in any way with the service, the content or the support you must bring this to the attention of Alert Business Intelligence in writing. Any issues raised will be thoroughly investigated and where possible an agreed settlement or corrective course of action will be sought with you.
Subscription services are provided on a rolling annual contract basis unless otherwise specified or agreed. Beyond the first anniversary of the contract, and to provide security for the continuity of service, notice periods are six months on either side and must be notified in writing. The exception to this is where ending of the contract is caused by one or more of the ‘Termination’ circumstances detailed below.
Termination
Either party may terminate this Agreement forthwith by notice in writing to the other if the other party:
- is in material breach of any of the terms of this Agreement and, in the case of a breach capable of remedy, fails to remedy such breach within 30 days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it; or
- (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or
- (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies; or
- becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with or grants a trust deed in favour of its creditors or is sequestrated; or
- has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or
- ceases, or threatens to cease, to carry on business.
Force Majeure
The Company shall not be liable for any delay or failure to fulfil it’s obligations under any order which is due wholly or partially to any strike, lock-out or other industrial action, electrical failure, server failure, third party acts or omissions or any other event or act beyond the reasonable control of the Company including without limitation, acts of God, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm
Acceptance of terms
Your access to and use of the website or information of Alert Business Intelligence (“the Alert Data Website”) is subject exclusively to these Terms and Conditions and to the company’s Privacy Policy. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website or data you are fully accepting the terms, conditions and disclaimers contained in this notice.
These Terms state the full extent of the Company’s obligations and liabilities in respect of the performance under the Agreement. The parties agree that any condition, warranty representation or other term concerning the performance under the Agreement which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law or otherwise, is excluded to the maximum extent permitted by law. This agreement is in addition to, and does not nullify, any other agreement between you and Alert Business Intelligence governing the conduct of your relationship with Alert Business Intelligence.
These terms shall be governed by and interpreted in accordance with the laws of England and Wales