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Use of Service
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Only individuals or organisations authorised by Mandis may access and use the services. You agree to use the services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit the use of the services by others.
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You are granted a nonexclusive, non-transferable, limited life license to access and use for research purposes the information services and materials from time to time made available to you. Unless you have entered into a corporate licence arrangement, the information is only provided for your own personal use and must not be shared with others. You may not download or copy more than your contracted volume of company records or sales leads, without agreeing to pay the normal Mandis rate for those records or sales leads. Your agreement to contract to purchase the extra company records or sales leads will be implied by your download or copying of such.
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This license includes:
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| • | For corporate clients only, the right to electronically display internally materials retrieved from the Online Services for internal use, |
| • | The right to obtain for internal use a printout of materials via any contracted printing/reporting/downloading functions of the service. |
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You may not otherwise print or download material from the Mandis website, or provide it to third party organisations for direct commercial gain or in anyway resell the data or information.
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Data Ownership, Patents, Copyrights, Intellectual Property Rights and any Other Intangibles
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In this agreement Intellectual Property Rights means all copyright and rights in the nature of copyright, design rights, patents, trade marks, data base rights, applications for any of the above, moral rights, know-how, domain names or any other intellectual or industrial property rights whether or not registered or capable of registration, and whether subsisting in the United Kingdom or any other part of the world.
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This site and all its pages are copyrighted (c) 1995-2010, Mandis Business Intelligence a division of Quantum Consulting Group Plc (Mandis), all rights reserved. The only exceptions are materials copyrighted by our licensors and used with their permission. All trade marks and other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Mandis Business Intelligence and shall remain the property of Mandis.
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Mandis data content, including the information, names, images, pictures, logos and icons regarding or relating to Mandis, its products and services (or to third party products and services), is provided on an "as is" and on an "as 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 any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
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Accuracy of Information
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As The data upon which the information is based is collected from a number of third party sources and includes information that is subject to frequent change without notice, sometimes from minute to minute. Mandis want the information to be up-to-date and accurate, but the accuracy of the information is dependent upon the accuracy of the original sources. Mandis does not authenticate, guarantee, or warrant the accuracy of the information provided by the Service and is therefore not responsible for its accuracy. We do not guarantee or 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.
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The accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems, and other facilities outside the control of Mandis. Therefore, you must independently verify the accuracy of any information and integrity of any information or service provided. The objective of Mandis is to provide the online services uninterrupted and error free, with any defects promptly corrected, and for the server to deliver the service available free of viruses or bugs, but Mandis does not warrant that 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.
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Limitation of Liability
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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 maximum aggregate liability of Mandis to the Customer business, in contract, tort (including negligence) or otherwise in relation to this agreement is limited to an amount equal to £250.
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Mandis shall not be liable for any indirect or consequential loss or damage (in each case whether caused by negligence or otherwise) which arises out of or in connection with this agreement, even if the Content Provider has been advised of the possibility of such damages. Mandis shall not be liable for and this disclaimer would include, but would not be limited to: any loss of data, of actual or anticipated revenues or profits, business, goodwill or reputation (whether caused by negligence or otherwise), losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of Mandis services regardless of the manner of arising, which arises out of or in connection with this agreement, even if Mandis has been advised of the possibility of such damages. We are not responsible for any loss or damage, whether such losses were foreseen, foreseeable, known or otherwise.
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Robot Spider and/or Web Crawler Exclusion Standards and Headers
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You will not use any robot, spider, crawler, other automatic device, 'bot, or manual process to monitor or copy our web pages or the content contained herein without 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.
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Links to Third Party Websites
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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.
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Changes to Website
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Mandis will endeavour to provide advance warning of any material changes to the delivery or content of its service, but reserves the right to change or remove (temporarily or permanently) the Website, the data, or any part of it, without notice and you confirm that Mandis shall not be liable to you for any such change or removal. Mandis reserves the right to change these Terms and Conditions at any time and your continued use of the Website following any such changes shall be deemed to be your acceptance of these changes.
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Subscriptions and Refunds
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You are provided with password details to allow access to and the downloading of information from the Mandis website. If you are dissatisfied in any way with the service, the content or the support you must bring this to the attention of Mandis 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. If the service is subsequently discontinued by Mandis for whatever reason, the maximum liability of Mandis will be limited to a refund of the unused part of any subscription.
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Subscription services are provided on a rolling annual contract basis, with the renewal being on the same terms and conditions, unless otherwise specified. Beyond the first anniversary of the contract, and to provide security for the continuity of service, notice periods are six months from either party, before the expiry of this and any subsequent contract, and must be notified in writing. The only exception to this is where ending of the contract is caused by one or more of the circumstances detailed in the Termination section.
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Termination
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Either party may terminate this agreement immediately by notice in writing if the other party:
| • | enters into liquidation or passes a resolution for winding up whether compulsorily or voluntarily (otherwise than for the purposes of a solvent amalgamation or reconstruction); |
| • | becomes insolvent; |
| • | ceases or threatens to cease to carry on business; |
| • | compounds or makes any voluntary arrangement with its creditors; |
| • | is the subject of a notice of appointment of an administrator, liquidator or receiver or a notice of intention to appoint an administrator, liquidator or receiver; |
| • | is unable to pay its debts as they fall due; |
| • | has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over, all or any part of its assets; |
| • | takes or suffers any similar action due to debt. |
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Mandis 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 the breach within 30 days of the receipt of a written notice giving details of the breach and of the steps required to remedy it.
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Force Majeure
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Mandis shall not be liable for any breach of this agreement directly or indirectly caused by circumstances beyond its reasonable control and which might prevent it from performing its obligations to the Customer, 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, earthquake, lightning strike, snow or other storm
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Acceptance of terms
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These Terms state the full extent of the obligations and liabilities of Mandis in respect of the performance of this Agreement. The parties agree that any condition, warranty, representation or other term concerning the performance under this Agreement which might otherwise be implied into or incorporated in this Agreement, whether by statute, common law, any other agreement or otherwise, is excluded to the maximum extent permitted by law. This agreement is in addition to, and does not nullify, any other agreement governing the conduct of your relationship with Mandis, made between you and Mandis, part of the Quantum Consulting Group Plc, except that in the event of any conflict these terms and conditions shall take precedence.
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Your access to and use of the website or information of Mandis is subject exclusively to these Terms and Conditions and to the Mandis 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.
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It is agreed that this contract and these terms and conditions shall be governed by and interpreted exclusively in accordance with the laws of England and Wales, which shall have sole jurisdiction in the vent of any dispute.
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Registered Office
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Quantum Consulting Group Plc
Company Number 02959749
Telephone 0844 5679986
1st Floor,
74 Chancery Lane
London
WC2A 1AA
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