Active Intuition - Terms and Conditions
The Developer of Active Intuition (this Site) is Active Informatics Ltd,
whose registered office is at Network House, Basing View, Basingstoke, RG21 4HG,
England (the Developer).
Content Rights
This Site is Copyright ©2010-2012 of the Developer. Commercial reproduction,
distribution or transmission of any part or parts of the software by any means
whatsoever without the prior written permission of the Developer is prohibited.
Your use of this Active Intuition website is subject to the following Terms and
Conditions. By using this Site you signify your agreement to the Terms and
Conditions. If you do not agree to use these Terms and Conditions, you may not
use or access this Site. The Developer reserves the right to change these Terms
and Conditions from time to time, therefore please check the Terms and
Conditions periodically for changes. Your continued use of the Site will require
acceptance of any changes to these Terms and Conditions. All material in
whatever form contained in the Site (save for any trade marks owned by third
parties) is the property of the Developer. In particular your attention is drawn
to the fact that the Developer asserts its copyright ownership over all of the
materials and provides no license or other rights to use any of its trademarks
appearing on the Site. You are not permitted to copy any of the materials on the
Site without first seeking and obtaining the prior written consent of the
Developer.
Information/Disclosure
Information which is disclosed by you ("Disclosing Party"), via upload and entry
of data to the tool (‘Intuition’, intuition.activesol.co.uk), and thereby to
ACTIVE Solutions Europe Ltd shall remain the property of the Disclosing Party.
ACTIVE Solutions Europe Ltd agrees to protect the Information of the Disclosing
Party against unauthorised disclosure and that all reasonable safeguards against
the unauthorised disclosure of Information will be taken. Certain Information
will be used by the tool (‘Intuition’, intuition.activesol.co.uk) for specific
reporting purposes accessible by other authorised users of the tool
(‘Intuition’, intuition.activesol.co.uk). Only highly aggregated, non-personal
data will be used for reporting purposes, and as such will not identify the
Disclosing Party or any other identifiable individuals.
Active Informatics Ltd agrees that:
- the Proprietary Information shall be used solely for the purpose the project;
- it will not distribute, disclose or disseminate Proprietary Information to
anyone except its senior employees and legal advisers who have a need to know;
- it will destroy any and all copies of the Proprietary Information if
instructed to do so by the Disclosing Party;
- the Proprietary Information will be kept in secure storage at all times; and
- it will take only such copies of the Proprietary Information as is necessary.
The Disclosing Party warrants that it has the right to possess and disclose the
Proprietary Information. Other than the warranty contained in this clause, no
other warranty is given in respect of the Proprietary Information.
Personal Information
Through our websites, Active Informatics Ltd will not collect any
personally-identifiable information about you (e.g., your name, address,
telephone number or e-mail address), unless you choose to provide it to us
(e.g., by registration, user account creation). If you do not want your personal
information collected, please do not submit it to us.
When you do provide us with personal information, we usually use it to respond
to your inquiry, process your order or provide you access to specific account
information. Also, to support our customer relationship with you:
- we may store and process personal information to better understand your
business needs and how we can improve our products and services; or
- we (or a third party on our behalf) may use personal information to contact
you about an Active Informatics Ltd offer in support of your business needs
or to conduct online surveys to understand better our customers' needs and
profiles.
If you choose not to have your personal information used to support our customer
relationship (especially direct-marketing or market-research), we will respect
your choice. We do not now (and do not intend to) sell, rent or otherwise market
your personal information to third parties.
Links to other Websites
The Developer is not responsible for any goods or services advertised by third
parties on the Site. The Site may also include hypertext links to third party
sites. If there are links from this Site to third party sites not under the
control of the Developer, the Developer provides these links for your
convenience only and is not responsible for the content of the linked website.
The Developer has no control over the content of those sites and does not accept
any responsibility or liability in relation to those third party sites, the
owners of which do not necessarily have any commercial or other link with the
Developer. The Developer provides no license or other rights to use any third
party-owned trademarks appearing on the Site. A link from this Site does not
imply the Developer’s endorsement of any statements, opinions or content on the
linked site.
The Information on this Site
Whilst the Developer tries to ensure the information on this Site is accurate,
the Developer is not always able to check the accuracy or completeness of that
information and the Developer does not accept any liability arising from any
inaccuracy or omissions in the information on this Site. You are advised to
verify the accuracy of any information before relying on it.
Third Party Data
By agreeing to these website Terms and Conditions, you are confirming that you
are aware of, and agree to be bound by, the appropriate licence and/or contract
conditions for the use of your Third Party datasets within this website.
Permitted Use of the Site
While visiting this Site you may not: post, transmit or otherwise distribute
information constituting or encouraging conduct that would constitute a criminal
offence or give rise to civil liability, or otherwise use the Site in a manner
which is contrary to law or would serve to restrict or inhibit any other user
from using or enjoying this Site or the Internet; post or transmit any
information or software which contains a virus, cancelbot, trojan horse, worm or
other harmful or disruptive component. Also you may not use (other than to the
extent permitted by applicable law) any software or other material contained or
capable of being downloaded from this Site to develop, design, produce,
manufacture, sell and/or distribute any product of whatever nature nor will you
permit any third party to do any of the above.
You agree to defend, indemnify and hold the Developer and its affiliate and
related companies harmless from any and all liabilities, costs and expenses,
including legal fees, related to any violation of this Agreement by you or users
of your account, or in connection with the use of this Site or the placement or
transmission of any message, information, software or other materials on this
Site or on the Internet by you or users of your account.
If you are dissatisfied with this Site or with any terms, conditions, rules,
policies, guidelines, or practices of the Developer in operating this Site, your
sole and exclusive remedy is to discontinue using this Site.
The Developer has no obligation to monitor content in this Site provided by
third parties (such as users or contractors). Nevertheless you agree that the
Developer does have the right to monitor this Site electronically from time to
time and to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate this Site, or to protect itself. The
Developer reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of the Terms and Conditions.
By contributing a file or data to the storage areas you confirm that the file or
data is not copyright and is not based upon copyright work. This clause does not
apply to files or data based on work copyright of the Developer.
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION,
TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER
IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THIS SITE AND/OR ITS
CONTENTS. THE DEVELOPER DISCLAIMS ALL REPRESENTATIONS, TERMS, CONDITIONS AND
WARRANTIES INCLUDING, BUT NOT LIMITED TO, AS TO SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION, THE DEVELOPER EXCLUDES ANY REPRESENTATION OR WARRANTY THAT THE
INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR
CURRENT, OR THAT THIS SITE WILL BE FREE OF DEFECTS INCLUDING, BUT NOT LIMITED
TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS SITE ASSUMES ALL COSTS
AND RISKS ARISING AS A RESULT OF ITS USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE DEVELOPER NOR ANY
OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE
FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR
INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH
THIS SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE
REASONABLY FORESEEABLE.
IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY IN
RESPECT OF LIABILITY IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY.
This Site is controlled by the Developer. The Developer excludes all
representations and warranties that materials in and/or facilities or services
offered through this Site comply with any legal or regulatory requirements of
other countries and those who choose to access this Site do so at their own risk
and on their own initiative and are responsible for compliance with applicable
local laws. The Developer makes no representation that materials on this Site
are appropriate or available for use in locations outside the United Kingdom,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with local laws.
These terms shall be governed by and construed in accordance with English law.
Any dispute under these terms shall be subject to the exclusive jurisdiction of
the English courts and, by using this Site, you hereby submit to the
non-exclusive jurisdiction of such courts for such purposes and waive any and
all objections to jurisdiction or venue in such courts.
This Agreement constitutes the entire agreement between the Developer and you
pertaining to the subject matter hereof. The Developer’s failure to insist upon
or enforce strict performance of any provision of the Terms and Conditions shall
not be construed as a waiver of any provisions or right. If any of the
provisions contained in the Terms and Conditions were determined to be void,
invalid or otherwise unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions contained herein.