ACCEPTANCE OF TERMS
Konector Ltd. ("Konector") welcomes you. Konector provides its printed reports and subscription based service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.konector.com/terms. In addition, when using particular Konector owned or operated services, you and Konector shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Konector may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
Konector provides customers with printed reports (“Reports”) and/or access to a rich collection of resources, including but not limited to, various software applications, site profile services, search analytics, audience and advertising analytics, and member programs, such as, but not limited to surveys and opinion polls (the "Service"). You also understand and agree that the Service may include certain communications from Konector, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Konector membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Konector properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Konector assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Konector has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Konector has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
CONDITIONS RELATING TO THE SALE OF REPORTS TO YOU
This section deals with conditions relating to the sale of the Reports by Konector to you.
When you place an order to purchase a Report from Konector, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase the Report which is accepted by us when we send e-mail confirmation to you that we've dispatched the Report to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any Reports on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
By law, customers in the European Union also have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered.
To cancel your purchase within the seven-working-day cooling-off period, please package the Report securely and send it to us at Konector Ltd, Chandos Court, 61 Haverstock Hil, NW3 4SN, London, United Kingdom within 14 days following the date that the item was delivered to you. For your protection, we recommend that you use a recorded-delivery service.
Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your office at your cost.
As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that. For more information on your right to withdraw from your purchase within the seven working day cooling-off period, visit the Department of Trade and Industry's website at: http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html
When ordering Reports from Konector for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Konector, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
CONDITIONS RELATING TO THE SALE OF SERVICES TO YOU
This section deals with conditions relating to the sale of Services by Konector to you.
You will be entitled to receive the Service only during the subscription period ("Subscription Period") specified in your billing form ("Billing Form"). Monthly subscriptions will automatically renew on a month-to-month basis until cancelled by you. Each month during the Subscription Period, you will be entitled to access only the number of reports specified in the Billing Form ("Monthly Allotment"). You will not be able to carry over to a subsequent month any unused portion of your Monthly Allotment as the unused Monthly Allotment will expire at the end of the associated month.
You agree to pay Konector the subscription fee specified in the Billing Form during the Subscription Period ("Subscription Fee"). A valid credit card is required to subscribe to the Service. The Subscription Fee is payable in advance for the Subscription Period. Your subscription is on a month-to-month basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the month begins. Subscription Fees are non-refundable and non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund of the Subscription Fee(s) previously paid to Konector. If your subscription is on a month-to-month basis and your credit card is no longer valid, then, unless you provide a new valid credit card, Konector will terminate the Service prior to the start of the subsequent month. The Subscription Fee is payable in Great British pounds (including, if any, all applicable taxes).
Member Account, Password And Security
You will receive a password and account designation upon completing the Service's registration process that will permit you and only you to access the Service. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Konector of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Konector cannot and will not be liable for any loss or damage arising from your failure to comply with this.
In consideration of your use of the Service, you agree to provide honest opinions and answers to any surveys or polls you participate in. Konector maintains the right to terminate access to the Service if it deems you are in breach of this behaviour.
When posting comments, opinions or site feedback ("Content") to the Service you acknowledge that Konector may or may not pre-screen Content, but that Konector and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Konector and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Konector or submitted to Konector, including without limitation, information in Konector Site Analytics, Konector Blog, Forums and/or Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Konector may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Konector, its users and the public.
Content Submitted or Made Available For Inclusion on the Service
Konector does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Konector the perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Service of properties that are intended by Konector to be available to the general public. By way of example, publicly accessible areas of the Service would include Konector Blog, message boards and site review forums.
You agree to indemnify and hold Konector and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale or Redistribution of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service.
Modifications to Service
Konector reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Konector shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Konector may, under certain circumstances and without prior notice, immediately terminate your Konector account, any associated e-mail address, and access to the Service. If such termination does not result from your breach of the TOS, then you will receive a pro-rata refund of any fees pre-paid to Konector for the period subsequent to the termination.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Konector shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Konector has no control over such sites and resources, you acknowledge and agree that Konector is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Konector shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Konector's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Konector or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Konector grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Konector for use in accessing the Service.
DISCLAIMER OF WARRANTIES
You Expressly Understand and Agree That:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KONECTOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KONECTOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KONECTOR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KONECTOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KONECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL KONECTOR BE LIABLE FOR DAMAGES IN EXCESS OF THE MONTHLY SUBSCRIPTION FEES PAID BY YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Konector may provide you with notices, including those regarding changes to the TOS, by e-mail, or postings on the Service.
The Konector.com and Konector Ltd. trademarks and service marks and other of Konector's and its affiliates' logos and product and service names are trademarks of Konector Ltd. or its affiliates, as applicable.
Entire Agreement. The TOS constitutes the entire agreement between you and Konector and governs your use of the Service, superseding any prior agreements between you and Konector with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other Konector services.
Choice of Law and Forum. The TOS and the relationship between you and Konector shall be governed by the English and/or European laws without regard to its conflict of law provisions. You and Konector agree to submit to the personal and exclusive jurisdiction of the English courts.
Waiver and Severability of Terms. The failure of Konector to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.