- Terms and Conditions
Terms and Conditions
TechKnowledge FZ LLC (the "Company"), is a company incorporated in Dubai, United Arab Emirates with license number 406 and registered office at Office 104, Building 25, Dubai Healthcare City, Dubai, United Arab Emirates. These terms and conditions and the Order Form comprise the agreement pursuant to which Company provides the Product (defined below) to you ("Agreement"). "We", "us", "our" , "Global Market Analyst" or "TechKnowledge" refers to the Company. "User", "you" or "your" refers to the person who (or on whose behalf) an Order is placed and includes your legal successors and permitted assigns.
1. CONDITIONS OF SALE
These terms and conditions disclose the basis on which TechKnowledge FZ LLC (Global Market Analyst) provides its online products and services to you, through the Platform globalmarketanalyst.com. You must read these terms and conditions carefully before using the online products and services. By clicking the Agreement checkbox you accept and are bound by these terms and conditions. This agreement will continue for the term that Global Market Analyst provides the online products and services to you, other than for certain obligations outlined below which survive beyond the term of this agreement. Global Market Analyst may change these terms and conditions without any prior notice at its own discretion. Global Market Analyst reserves the right, at its own absolute discretion, to amend and/or supplement these Terms and Conditions at any time without any prior notice. Your continued use of the secure platform ("Platform") and/or the online products and services following such renewal will represent an agreement by you to be bound by the terms and conditions as amended.
Global Market Analyst operates a service via the http://www.globalmarketanalyst.com website, which provides services and content, information, links or other material(that provides an easy access to market reports and statistics published by public sources) (collectively, the "Service") to you for your individual use. "Individual use" shall be defined as individual's personal use, individual's use in the normal course of his or her business, or in the case of independent information professionals, use in the production of research for a specific client project.
Global Market Analyst will use all reasonable commercial care and attention to maintain valid links to all documents in its database in the manner described in the Website - http://www.globalmarketanalyst.com ("Website"). However, Global Market Analyst cannot guarantee that all links to public document remain valid at all time, as Global Market Analyst does not hold the information itself on its server. You acknowledge that the links provided to you through the online platform might be from time to time irrelevant or broken. By accepting these terms and conditions, you agree that TechKnowledge FZ LLC is not responsible for incorrect information or data contained within the products published by our content partners (Publisher) with whom TechKnowledge has agreements. You agree that any claim for damages based on incorrect information, inaccuracies or similar will be directed towards the owner and publisher of the data, copyright and intellectual property and that you indemnify TechKnowledge FZ LLC from any claim related to incorrect information, out of date information, inaccuracies or similar.
Global Market Analyst does not and cannot guarantee the completeness, accuracy or timeliness of the Service made available to User via http://www.globalmarketanalyst.com. User agrees that Global Market Analyst and its licensors will not be liable for any action User takes or decision User makes in reliance on such Service. User is responsible for User's own investment decisions. Global Market Analyst is not providing User with investment advice. User should seek investment and other advice from User's financial, tax, legal, and other professional advisers before making investment and other decisions.
TechKnowledge and its Publisher Partners do not have any knowledge of, nor control over, the particular purpose(s) for which the Data is used. Accordingly, TechKnowledge and its Publisher Partners exclude any and all liability for any loss of any nature suffered by Subscribers, as a direct or indirect result of their use of any of the Data or of making any business decision, or refraining from making any such decision, based wholly or partly on any data, expression of opinion, statement or other information or data contained in the Data.
In certain cases, additional 'pass-through' terms and conditions may apply to the of use of third-party publisher content, software or other services. Terms and conditions relating to third-parties may be delivered with applicable third-party content. If upon reading any such terms and conditions, you find you are unable to comply with them through circumstances outside of your control, you should contact companiesandmarkets.com (TechKnowledge FZ LLC) within 12 hours of purchase (if the content is downloaded immediately) or receipt (if sent by email) to explain your circumstances. If we do not receive contact from you within this timeframe, you are deemed to be in approval of and in compliance with additional third-party terms and conditions delivered to you separately.
3. AUTHORISED USER
You acknowledge that you are entering into these terms and conditions. You represent and warrant that you are authorised to use the Platform and the online products and services and that you have capacity to be bound by these terms and conditions. If you are entering into these terms and conditions on behalf of your employer you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform confidential.
4. ONLINE PRODUCTS AND SERVICES
The online products and services provided by Global Market Analyst are as outlined on the Website and the Platform at the date of purchase. As part of Global Market Analyst's continual development program, the online products and services may change from time to time. Global Market Analyst reserves the right to change these online products and services from time to time. These changes will be effective immediately upon notification on the Platform.
The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights ('Intellectual Property Rights') relating to the Product belong to us, our Publisher Partners, or our licensors, as the case may be, at all times. You obtain no ownership rights in the Product or any of the Intellectual Property Rights pursuant to or arising out of this Agreement.
6. ORDER FORMS
Order Forms shall only be binding when accepted by us. You shall not cancel or amend an Order Form unless we have given our prior written consent. We shall assume that any person who places an Order Form on your behalf can bind you legally.
7. GRANT OF LICENSE
We grant you a non exclusive, non transferable license to use the products described in the Order Form ('Product'). You warrant that you shall only use the Product for your business purposes in accordance with this agreement and shall not, without our prior written consent, make available, copy, reproduce, retransmit, disseminate, sell, license, distribute, publish, broadcast or otherwise circulate the Product (or any part of it) to any person other than in accordance with these terms and conditions. You further warrant that you shall comply with all applicable laws and regulations and shall not knowingly use the Product for any improper or unlawful purposes. You may access and download content only as required to view the content on your computer for individual use, keeping all copyright and other notices on the content. You may print a single copy of content for your use. You are not permitted to republish or distribute any content or do anything else with the content, which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party Content, including additional licenses which permit further distribution of the content.
Unless stated otherwise on the Order Form the Product is licensed to you on a single user basis. Only the user named on the Order Form as the customer may use the product as outlined in this agreement. Additional user licenses may be purchased by you at our prevailing standard list prices for single users or by the purchase of a site wide or enterprise wide license. You warrant that you will use appropriate controls to ensure that the license is not breached by you or by other users and agree that any breach may cause us irreparable harm. You agree we have the right to charge additional fees for unauthorized usage in line with our standard list prices. This clause survives termination of the Agreement.
User may not export or re-export any underlying software, technology or other Content accessed through the Service, except in full compliance with this Agreement and all UAE and other applicable laws and regulations. User represents and warrants that it is not located in, under the control of, or a national or resident of any such country or on any such list which have been blacklisted or on which sanctions, embargoes, have been imposed by the UAE government. User agrees to indemnify and hold harmless and defend Global Market Analyst against any and all liability arising from or relating to User's breach of this Section.
9. FEES AND PAYMENT TERMS
Payment is due in full prior to delivery of any product. We shall invoice you for fees payable by you to us under this Agreement ('Fees') upon our acceptance of an Order Form. Unless indicated otherwise on the Order Form you will pay all invoices on receipt of that invoice. We may issue the invoice in print and/or electronic form. Unless expressly provided the fees exclude any sales, use, excise, or other applicable taxes. You will pay or reimburse us for any such taxes for which either party may become held responsible for. In addition you agree that all sales are final and that you may not request a refund. We reserve the right, for any reason whatsoever, to withhold delivery of the Product to you until payment has been received in full. The electronic format and type of information sold by Global Market Analyst is such that Global Market Analyst cannot accept returns of products once they have been despatched.
We shall use best endeavors to ensure the Product is provided to you in accordance with any specifications set out in the Order Form and accepted by us. We do not warrant that the Product will meet your requirements or that it will be complete, error free or delivered without interruption. Findings, conclusions and recommendations in the Product are based on information gathered in good faith from both primary and secondary sources, whose accuracy we are not always in a position to guarantee. As such, we can accept no liability whatsoever for actions taken based on any information that may subsequently prove to be incorrect. Except as expressly set out in this Agreement, all express or implied representations, warranties, conditions and undertakings are excluded to the maximum extent permissible by law. You assume sole responsibility for the selection, suitability and use of the Product and acknowledge that except as stated above we do not provide any additional warranties or guarantees relating to the Product. This clause survives termination of the Agreement.
Global Market Analyst will not be liable to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform or of the Global Market Analyst online products and services nor does Global Market Analyst accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform or through the online products and services.
11. INDEMNIFICATION. GENERALLY
We and You ("Both Parties") will, to the extent permitted by law, indemnify, defend and hold harmless the other party from and against any and all claims, demands, complaints, or actions of third parties (including employees of the parties) arising from or relating to this agreement, including personal injury, death and property damage to the extent caused or arising out of the violation of law, gross negligence, fraud, willful misconduct or breach of this agreement. In the event that both parties are at fault they will indemnify each other in proportion to their relative negligence. In addition we will indemnify, defend and hold harmless, you from and against any and all claims, demands, complaints or actions of third parties (including employees of the parties) arising from or relating to this agreement brought against you alleging that the product infringe any patent, copyright, trademark, trade secret or other intellectual property right. Our obligations under this section are conditioned on you i) Promptly notifying us of any claim, ii) Granting us sole control over the defense and settlement of the action. iii) Reasonably cooperating with us in connection with such action at our expense, iv) Abetting no such claim, demand, complaint or action v) Neither modifying or using the product nor breaching this agreement in a manner for which no infringement would have occurred. If the product becomes or in our opinion is likely to become the subject of such a claim, then in lieu of the indemnity we may, at our expense, i) procure you the right to license using or receiving the product free of any such liability, ii) replace or modify in whole or part the product to make them non-infringing without degradation or iii) refund you a pro-rata portion of the fee.
- (a) Global Market Analyst, its licensors and its content providers disclaim all warranties of any kind, either express or implied, with respect to the service and content, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Global Market Analyst makes no warranty that the service or content: (i) will meet user's requirements: (ii) that use of the service and content will be accurate, timely, or complete; or (ii) that use of the service and content will be error, defect or virus free, or uninterrupted or secure. user shall be solely responsible for any resulting damage to user's computer system or network or loss or damage to any data. any warranty that is provided by any third party in connection with any of the content or services described herein is provided solely by the owner, licensor, or provider of that content or service, and not by Global Market Analyst.
- (b) user agrees, and shall require any third party who indirectly uses the service or content through user ("third party user"), to agree that in no event shall Global Market Analyst or its licensors or content providers be liable for the results of user's or any third party's use of the service or content, for its inability or failure to conduct its business, or for direct, indirect, incidental, special, consequential or exemplary or punitive damages, including, without limitation, damages for lost data, damaged computer systems or files or lost profits, whether in tort (including negligence), contract, strict liability, under statute, in equity, at law, or otherwise.
- (c) Global Market Analyst's sole liability to user and third party users for any and all claims, whether in tort (including negligence), contract, strict liability, under statute, in equity, at law or otherwise, will not exceed one thousand pounds (?1000), even if Global Market Analyst has been advised of the possibility of such claim, loss or damage. the foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.
- (d) user agrees to defend and hold Global Market Analyst, its licensors and its content providers harmless from and against all claims, damages or liability (including attorney's fees) asserted against Global Market Analyst or its licensors or its content providers as a result of use of the service or content under this agreement by user or a third party user.
- (e) The provisions of this Section shall survive any termination of this Agreement.
12. LIMITATION OF LIABILITY
Neither party shall be liable under this agreement to the other party for indirect, special, exemplary, punitive or consequential damages including without limitation loss of goodwill, whether arising from negligence, breach of contract or otherwise. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall in respect of any one or more incidents not exceed the total fees received by us from you for the Product in the 12 months prior to the date the incident occurs. This clause shall survive termination of the Agreement.
All personal information submitted by you through the use of the online products and services is maintained on secure servers. Global Market Analyst and its suppliers will take all reasonable steps to maintain the confidentiality of and restrict access to this information and will not disclose any of this information to anyone unless required to do so by law. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Global Market Analyst strives to protect such information, Global Market Analyst does not warrant and cannot ensure the security of any information that you transmit to Global Market Analyst and any information which you transmit to us is transmitted at your own risk.
Neither party shall, except as required to perform our and / or your respective rights and obligations, use, copy, adapt, alter, disclose to any third party or part with possession of any information or data of the other party which is disclosed or otherwise comes into our or your possession directly or indirectly as a result of these Terms and which is of a confidential nature, in writing marked confidential or, if disclosed orally, reduced to writing and marked confidential within 30 days of the date of such disclosure ("Information"). This obligation shall not apply to Information:
- the receiving party can prove was in its possession at the date it was received or obtained; or
- the receiving party obtains from some person other than us, you or an Affiliate with good legal title thereto; or
- comes into the public domain otherwise than through the default or negligence of the receiving party; or
- is independently developed by or for the receiving party.
14. ACCESS AND FORCE MAJEURE
Global Market Analyst will use reasonable efforts to make the Service available 24 hours a day, 365 days a year, except for delays due to repairs, maintenance, and upgrades. User acknowledges that the Service may be interrupted or unavailable at times due to such problems as unavailability of the Web or downtime of Internet service providers. We shall not be liable for any delay or failure to perform any obligation under this Agreement insofar as the performance of such obligation is prevented by an event beyond our reasonable control, including but not limited to, Acts of God (such as earthquake, fire, flood or any other natural disaster); accidents, strikes, labor dispute, war, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, acts of civil or military authority, embargoes; failure of computer equipment, server, internet failures, attacks of viruses; and failure or delay of sources from which data is obtained.
15. LAW AND JURISDICTION
These terms and conditions shall be governed by, and construed in accordance with, UAE law.
To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of UAE shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the UAE courts.
For the exclusive benefit of Global Market Analyst and to the extent possible in the applicable jurisdiction, Global Market Analyst shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
16. FURTHER PROVISIONS
- (a) Entire Agreement: The Agreement constitutes the entire understanding between the parties relating to the Product and supersedes all previous agreements and understandings whether oral or written relating to the Product. In the event of any inconsistency between these terms and conditions and the Order, the Order shall prevail. The Agreement may only be varied in writing signed by an authorized representative of each party. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent. The Agreement does not confer any rights to or on any third party. The Agreement shall be governed by the laws of England and Wales. The parties irrevocably agree to the exclusive jurisdiction of the Courts of England.
- (b) Additional Terms: Global Market Analyst may be required to "pass through" additional terms to User as a result of a separate agreement between Global Market Analyst and a Licensor or Content Provider. Failure of User to electronically accept such "pass through" terms may result in: (i) denial of access to certain portions of the Service and/or certain Content; and/or (ii) termination of this Agreement.
- (c) Assignment: Global Market Analyst may assign or transfer its interest in this Agreement. User may not assign or transfer its interest in this Agreement without Global Market Analyst's prior written consent.
- (d) Headings: Headings in this Agreement are included for convenience or reference only and shall not constitute a part of this Agreement for any other purpose.
- (e) Statute of Limitations: No suit or action shall be brought against Global Market Analyst, its Publisher Partners, Licensors or its Content Providers more than one (1) year after the accrual of any cause of action or claim.
- (f) Third Party Rights: Licensors and Content Providers may invoke the provisions hereof against any claims by the User, any Third Party User of the Company Website, or any other third party's claims arising out of or in connection with this Agreement. Except for the foregoing, Global Market Analyst and User intend that no third parties shall have any rights under, or arising from, this Agreement.
These terms were last updated on 12th September 12, 2011.