TERMS AND CONDITIONS
By accessing or using the website located at www.eurotempest.com (the “Site”) hosted by EuroTempest Ltd of Network Building, 97 Tottenham Court Road, London W1T 4TP (“EuroTempest”, “our”, “we” or “us” as the context requires, and including all of our officers, employees and authorised agents) you (“the User”) accept these Terms (together with any amendment or modification to the Terms which maybe posted from time to time) as a binding contract between the User and EuroTempest. If at any stage you do not wish to accept the Terms you must immediately cease to access or use the Site. Any changes to these Terms will be posted on the Site and by continuing to use the Site following any such change you signify that you agree to be bound by the revised terms and conditions of use. If you or your Company has executed a licence or similar agreement with EuroTempest relating to your or its use of the Site, the terms of that agreement will take precedence in the event that they conflict with these Terms.
- Restricted Site and Registered Users
Certain webpages on our Site contain proprietary information and data which is only available to Registered Users (the “Restricted Site”). Following registration and acceptance of these Terms by a Registered User, EuroTempest will issue to the Registered User a password which will allow them to access the functionality of the Restricted Site. The Registered User agrees to take all reasonable and prudent steps not to let any person other than duly authorised officers or employees of their organisation learn or use the password, and will be responsible to EuroTempest and its Affiliated Parties for any loss arising as a result of any use of the password granted to you by any authorised or unauthorised third party.
If you are a Registered User then subject to the Terms, EuroTempest Ltd hereby grants you a limited non-exclusive, non-transferable, limited license (without a right to sublicense) to access the content of the Restricted Site for your own business purposes.
This licence includes the right to incorporate information obtained from the Restricted Site into materials which you make available to clients and prospective clients, or on behalf of clients or prospective clients, and expressly includes the right to provide add-on analytical tools or applications which utilize the content of the Restricted Site as input data (and does not regenerate such data as output data without performing any legitimate add-on analysis) provided that you include the following notice in any such materials:
Data used in providing this information has been provided under licence from EuroTempest and/or its licensors and Affiliated Parties, and is based on scientific data, mathematical and empirical models. As with all modelling of physical systems, particularly those with a low frequency of occurrence and a potentially high severity of outcome, the actual losses may differ from the results of simulated analyses. Furthermore, the accuracy of predictions depends largely on the accuracy and quality of the data input by the user.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER EUROTEMPEST LTD, ITS AFFILIATED PARTIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES. AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSABLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT EUROTEMPEST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH EUROTEMPEST LTD DOES NOT HAVE ANY CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL EUROTEMPEST LTD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
The Registered User acknowledges that this license, does not permit or include the right to:
- sublicense, distribute, reproduce, copy, modify, enhance or create derivative works from the content of the Restricted Site (save as set out above);
- reverse assemble, decompile or otherwise attempt to derive source code from the Restricted Site or any data displayed on the Restricted Site; or
- use data or information from the Restricted Site, or any output data generated by License through use of the Restricted Site, to support development of or calibration of a new or existing product or service offering which competes with the Site.
EuroTempest may terminate the licence and withdraw your right to use the Site at any stage. The provisions of these Terms will survive any such termination.
EuroTempest will use reasonable efforts to make the Site available to the User. Due to the complex nature of services provided via the internet, however, EuroTempest cannot warrant that the operation of, performance of, and/or access to the Site will be uninterrupted or error-free. As your exclusive remedy for any material defect in the Site, EuroTempest will attempt through reasonable efforts to correct or cure any reported material defect. EuroTempest will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Site (a) if you have made any changes whatsoever to the Site; (b) if the existence of any such nonconformity or defect has not been reported to EuroTempest. However, we reserve the right to interrupt or cease access to or the operation of the Site (or any part of it) at our sole discretion. We further reserve the right at any time without notice to revise the content of the Site (including the services offered by us) and these Terms.
At times, action or inaction of third parties, hardware/software problems with the public Internet infrastructure or with your computing equipment, or other events beyond the control of EuroTempest may impair or disrupt your connection to the Site. EuroTempest will not be liable for any such interruptions in your ability to access the Site resulting from or related to such services, software, or events.
- Compliance with Laws
You may not make use of this Site for any illegal or immoral purpose including (without limitation) the transmission of unlawful, threatening, abusive, defamatory, obscene or pornographic materials or materials encouraging the same, or the transmission of any information or software containing viruses or other harmful components. You agree to comply with all laws, ordinances, rules, regulations, and/or requirements imposed by any governmental or regulatory agency relating to your use of the Site.
- Content and Liability
Whilst we will use reasonable efforts to ensure that the information posted to the Site is as accurate as possible at the time it is posted, we cannot guarantee that it will remain accurate at all times. In addition, the information posted to the Site may be dependent upon the underlying information provided to EuroTempest its licensors and its or their suppliers. Whilst EuroTempest and its licensors will exercise due skill and care in the selection of such information, neither can be held responsible for the integrity of that underlying information.
FOR THE AVOIDANCE OF ANY DOUBT WHATSOEVER, ACCESS TO THE SITE IS PROVIDED TO YOU ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, EuroTempest AND ITS AFFILIATED PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED PROMISES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND THE INFORMATION CONTAINED THEREON, INCLUDING BUT NOT LIMITED TO ITS CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, ITS COMPATIBILITY WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
FURTHER, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED AS A MATTER OF LAW, NEITHER EuroTempest OR ITS AFFILIATED PARTIES WILL BE LIABLE FOR ANY LOSS (WHETHER DIRECT OR INDIRECT) ARISING AS A RESULT OF USE OF THE SITE OR THE INFORMATION AVAILABLE FROM IT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF EuroTempest OR ITS AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OR IF THIS LIMITATION UPON THESE TERMS OF AGREEMENT HAS BEEN BREACHED OR HAS BEEN HELD TO BE INVALID OR INEFFECTIVE.
- Links and Third Party Information
Where information is displayed on or referred to in our Site by a third party (whether via a hyperlink, pointer or otherwise) we have no control over the content of that information. Such information is the responsibility of that third party and we accept no responsibility for the content of it. Any links to third party Sites are provided by us for your convenience only. We have not tested any information, software or products found on such third party Sites and a link does not constitute an endorsement in any way of the linked Site or its content. Before placing any reliance on such information we strongly urge you to independently verify it.
- Privacy and Data Protection
In the course of accessing our Site you may be invited to submit personal information, such as name, company, role and email address. We may use your personal information to send you promotional information about EuroTempest or information which we think you might find interesting. We will keep confidential any information provided by you and not disclose it to third parties without your consent unless we are obliged to do so by law. You may request details of the personal information which we hold about you under the Data Protection Act 1998. When we send you information you will have the opportunity to change your personal details or select the information you wish to receive. At any time you may contact us to request that we remove your details from our records.
To the fullest extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise) which we may otherwise have to you as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site;
- the unavailability of the Site or any of its content whether or not due to our negligence;
- any delay in providing, or failure to provide or make available, any services to you through or in relation to our Site for any breach of these Terms or negligent provision of a service to you through or in relation to our Site; and
- any misrepresentation on or relating to our Site (other than a fraudulent misrepresentation made by us or on our behalf).
In no circumstances will we be liable with respect to indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property. We will not be liable (whether in contract, tort or otherwise) to pay you personally any damages, whether compensatory, direct, indirect or consequential in nature, including with respect to loss of data, income or profits or loss of or damage to property in respect of your use of our Site or any services we provide or make available to you through or in relation to our Site. None of the above exclusions or limitations (each of which shall be construed as a separate, and saveable provision) shall exclude or restrict our liability for death or personal injury caused by our negligence or affect any statutory rights which are not capable of being excluded.
- Intellectual Property Rights
This Site contains information, data and concepts which are proprietary to EuroTempest. By visiting this Site, you agree to respect all such rights. Copyright © 2017 EuroTempest, for itself and on behalf of EuroTempest.
All information and content included on this Site, including but not limited to (i) text, graphics, logos, icons, images, audio clips, digital downloads, and product demonstrations; (ii) data and content compilations; and (iii) software, are the property of the Owners or one or more of them and are protected by copyright and other laws. You may not modify, copy, distribute, transmit, display, publish, sell, or license any Information from this Site other than in accordance with these Terms and in particular the provisions set out under the heading “Use” above.
The trademarks, logos, service marks, graphics, and trade dress displayed on this Site are the intellectual property of EuroTempest and other applicable parties that have licensed their property and/or material to EuroTempest. You should assume that any product or service name is a registered mark, trademark, or service mark and the intellectual property of EuroTempest or a third party. You are prohibited from using any EuroTempest or third-party trademarks or service marks noted on the Site for any purpose, including but not limited to use as metatags on other pages or Sites on the World Wide Web, without the express written permission of EuroTempest or such third parties.
You agree to defend, indemnify and hold harmless EuroTempest, and any other Affiliated Parties and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of Your use of the Site.
- Cookies and Google Analytics
These Terms shall be governed and construed in accordance with English Law and any disputes arising in relation thereto shall fall within the exclusive jurisdiction of the English courts.
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions