PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF USE AND ACCESS SET OUT BELOW. BY ACCESSING OR USING THE “GLOBALWEBINDEX PRO PLATFORM”, “INSIGHT STORE” AND THE DATA WITHIN IT AND OUR WEBSITE, WWW.GLOBALWEBINDEX.NET (“SITE”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE “GLOBALWEBINDEX PRO PLATFORM”, “INSIGHT STORE”, DATA AND SITE.
Any individual, by using the Site and services provided via the Site, represents they are 18 or over and where they access the GlobalWebIndex Pro Platform, INSIGHT STORE and data within it and use such data that they are authorised to do so by an organization which has subscribed to a service permitting such access and use or to which access and use has been granted on a trial basis subject to trial terms.
GlobalWebIndex Subscription Terms and Conditions
The following definitions apply to these terms and conditions.
additional material related to the Pro Platform and/or Data, including without limitation, market research questionnaire, reports and guidelines.
: all your employees at the Locations.
in relation to a body corporate, the power of a person to secure that the affairs of the body corporate are conducted in accordance with the wishes of that person (or persons):
(a) by means of the holding of shares, or the possession of voting power, in or in relation to, that or any other body corporate; or
(b) by virtue of any powers conferred by the constitutional or corporate documents, or any other document, regulating that or any other body corporate,
and a Change of Control
occurs if a person who controls any body corporate ceases to do so or if another person acquires control of it.
any information, data, statistics, report or content which can be accessed via the Pro Platform, Insight Store or provided in exports for third party platforms.
the subscription fee stated in the invoice issued by us for the Services to be provided for the Subscription Period in accordance with these terms and conditions.
Our web based store that enables access to our data via reports or data downloads
the location of usage specified on the Fee invoice.
Our online tool, the GlobalWebIndex Pro Platform which provides access to and allows use of the Data. Pro Platform incorporates Audience Pro, Report Pro, Crosstab Pro and Sales Dashboard.
the country, countries or areas specified on the Fee invoice.
access provided by us to the Pro Platform and Insight Store to allow you to access and use the Subscribed Data in accordance with these terms and conditions.
the period from the start date to the end date specified in the Fee invoice.
the Data collected during the Waves specified in the Fee invoice.
Subscribed Data Access:
access to, analysis and use of the Subscribed Data in accordance with these terms and conditions.
specific periods of time during which sets of Data are gathered through market research.
we, us, or our:
you, your or customer:
The party entering into this agreement with us by paying the Fee, and where the context so requires, you or your, includes the Authorised Users.
2.1 Upon payment of the Fee, you and the Authorised Users are granted a non exclusive and non transferable licence to use the Pro Platform and Insight Store for Subscribed Data Access from the Location for the Region for the Subscription Period in accordance with these terms and conditions.
2.2 You and the Authorised Users can use the Subscribed Data:
- solely for the purpose(s) of customer’s business, and may analyse the Subscribed Data for internal purposes relating to the development of customer’s own business only provided always that this does not involve the use or analysis of the Subscribed Data for the benefit of any third party except otherwise agreed with us in writing;
- in the course of customer’s business dealings with:
- its clients or prospective clients; and/or
- third party agencies or consultants with whom customer is working,
customer and the Authorised Users shall be entitled to quote or make reference to the Subscribed Data in such dealings solely in order to support media planning strategy, media buying strategy, creative strategy, direct marketing strategy, sales promotion strategy, public relation strategy, web strategy, web development and social media strategy and/or creative strategy in line with customer’s area of business, provided always that the Subscribed Data quoted is strictly necessary and confined to the specific products and/or services and/or media concerning which customer and (where applicable) the relevant third party have actual or genuine prospective commercial dealings and also to the current year in respect of which the Subscribed Data has been published.
2.3 If customer and/or Authorised Users quote from the Subscribed Data at any time as expressly permitted by clause 2.2b.ii. then the following accreditation must appear in all copies of materials featuring such Subscribed Data: “GlobalWebIndex Wave ‘insert wave numbers’. Such accreditation must be clearly legible and prominently displayed.
2.4 If customer and/or Authorised Users quotes from the Subscribed Data at any time as expressly permitted by these terms and conditions it shall notify the person to whom it makes such disclosure (the “Recipient”) of the terms and conditions relating to the use of the Subscribed Data and shall procure that the Recipient complies with these terms and conditions. In any event, customer shall remain primarily liable for all use of the Subscribed Data by a Recipient in accordance with the terms and conditions of this agreement.
2.5 Except as expressly agreed with us in writing or as stated in this agreement, customer and Authorised Users shall not be entitled to use, analyse, copy, distribute or sell the Data to or on behalf of any third party. For the avoidance of doubt, except as expressly agreed with us in writing or as stated in this agreement, customer and Authorised Users are not permitted to:
- copy the Data, in whole or in part, by any means or process; or
- use the Data in whole or in any part for any purpose except the Subscribed Data can be used as expressly detailed in clauses 2.1 and 2.2; or
- provide, disclose, supply, copy, distribute or sell the Data in whole or in part to any third party; or
- provide, disclose, supply, copy, distribute or sell tables, reports or presentations or any other materials using or containing the Data to any third party; or
- provide, disclose, supply, copy, distribute or sell raw Data output from any analysis software (including, but not limited to, cross-tabs, analysis and target profiles) to any third party via any means including, without limitation, e-mail, fax and/or hard copy; or
- provide, disclose, supply, copy, distribute or sell the Data or any part thereof on an ad hoc basis in response to any other third party request; or
- refer to or present the Data in whole or in part as its own research, and/or provide, supply or sell consultancy services based solely on analysis of the Data without our prior written permission; or
- use the Data (whether provided in software form or otherwise) in association with or by reference to any other database (in software form or otherwise) for the purpose of merger or fusion of the Data with such other databases, without our prior written consent.
2.6 Subject to payment of the relevant Fee, the Services and the licence granted above commence on the start date specified in the Fee invoice and:
- terminate at the end of the Subscription Period (which shall be deemed to refer to the initial Subscription Period or next Subscription Period(s) as stated in clause 2.6.b, where the context requires) if you terminate this agreement by giving us 30 days’ written notice to expire no earlier than the end date of the Subscription Period, unless earlier terminated under clauses 7 or 12;or
- shall continue after the initial Subscription Period for further one year periods or other periods as notified to you in the relevant Fee invoice (each such further renewal period where the context requires, shall be referred to as the next Subscription Period or the Subscription Period in these terms and conditions) unless terminated in accordance with the terms and conditions of this agreement.
For the purposes of this agreement, initial Subscription Period refers to the Subscription Period notified to you when you first entered into this agreement with us for the provision of the Services.
2.7 We will use IP address tracking to verify your and the Authorised Users’ compliance with the terms and conditions of this agreement. We reserve the right to charge the Additional Fees (as described in clause 2.8) in the event of any breach of clauses 2.1 and/or 2.2 by you or any Authorised User. Breaches of clauses 2.1 and/or 2.2, without limitation, include, accessing and using the Pro Platform, Insight Store and/or Subscribed Data at an address other than the Location, access and use of Data other than Subscribed Data or access to and/or use of the Pro Platform, Insight Store, and the Subscribed Data by your employees who are not Authorised Users.
2.8 In the event of any breach of clauses 2.1 and/or 2.2, the following costs (“Additional Fees”) shall be payable by you:
- a sum equal to the Fee for the Subscription Period; or
- where a breach occurs or is discovered within the last 60 days of the Subscription Period, a sum equal to the subscription fee ( as notified to you) for access to and use of the Pro Platform, Insight Store and Data for the 12 month period immediately following the end of the Subscription Period.
2.9 In the event an Authorised User’s employment with customer is terminated for any reason, their access to the Services shall be terminated. Customer shall notify us of the date of such termination at least 7 days before the date, and if such notification is not possible due to summary dismissal, customer shall notify us of termination within 2 working days of termination.
2.10 You and the Authorised Users can only use the Additional Materials for the purpose of supporting use of the Pro Platform, Insight Store, and Data as authorised under these terms and conditions, and shall not be entitled to otherwise use, analyse, copy, distribute or sell the Additional Material to or on behalf of any third party.
3. Third Party Software
3.1 We have no liability for any third party software which you or any Authorised User may use to access and or/use the Services in whole or part, including, the Pro Platform and Data. Any use of such third party software is subject to our prior written approval and additional charges which shall be notified to you. These charges must be paid in full before any third party software can be used. These terms and conditions shall also apply to the Services or part of the Services which are accessed and/or used via third party software.
4. Fees and Payment
4.1 The Fee must be paid to us in full before the Services will be provided, unless otherwise agreed in writing by us. Value Added Tax is payable where applicable.
4.2 Prior to the end of the Subscription Period, unless you have served a notice of termination in accordance with clause 2.6.a or this agreement is terminated under clauses 7 or 12, an invoice will be issued by us with details of the Fee applicable for renewing the agreement for a further one year period or other period as notified to you in the invoice i.e. the next Subscription Period. In the event of non-payment, we reserve the right to terminate the Services or suspend the Services until payment is received.
5. Our Obligations and Rights
5.1 We shall use our reasonable endeavors to make access to Pro Platform and the Subscribed Data continuously available to you and the Authorised Users during the term of the Subscription Period. Notwithstanding the foregoing, we do not warrant that you or the Authorised Users can access and/or use our Site, the Pro Platform, Insight Store or the Data or any part of the Services at any specific time or that it will be uninterrupted or error-free; nor that the Data and/or the information obtained by you or the Authorised Users through the Services will meet the customer's requirements.
5.2 We use our reasonable endeavors to ensure the accuracy of all Data.
5.3 We shall be under no obligation to you or the Authorised Users to retain or permit access to any questionnaires, survey records or other information used by us in the compilation of the Data.
5.4 We shall be entitled at any time to vary or amend or modify the specification used in compilation of the Data including, without limitation to the generality of the foregoing, any questionnaire used by us. We reserve the right to change any survey, data coverage, market coverage, sample size and access details. We reserve the right to change any part or all of the Pro Platform or the Services at any time.
6. Your Obligations
6.1 The representative who enters this agreement upon behalf of customer warrants they are authorised to do so.
6.2 You and all Authorised Users are responsible for keeping secure any password, user name or other information required for accessing or using the Services (“security information”). You and all Authorised Users must not disclose these details to any third party. We have the right to disable any security information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
6.3 You and the Authorised Users must not misuse our Site, the Services or the Pro Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site and/or the Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
6.4 Customer is responsible for making all arrangements necessary for customer and Authorised Users to have access to our Site and the Services. Customer is also responsible for ensuring that all Authorised Users who access our site and Services through your internet connection are aware of these terms and conditions, and that they comply with them.
6.5 Any Authorised User accesses and/or uses the Site and the Services confirms they shall comply with these terms and conditions.
6.6 Customer hereby agrees to indemnify and keep indemnified on demand and hold harmless us and our directors, employees, agents, and partners (“Indemnified Parties”) from and against any and all losses, demands, claims, damages, costs and/or expenses (including, without limitation, indirect or consequential losses and loss of profit, reasonable legal and other professional costs) and liability suffered or incurred, directly or indirectly by any of the Indemnified Parties arising out of any breach, non-performance or non-observance of any of the agreements, obligations, warranties, representations and undertakings on the part of customer or any Authorised User. This clause shall continue to have full force and effect notwithstanding any suspension or termination of this agreement. The indemnity contained above is without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law and/or statute and/or any other provision of this agreement for the benefit of any of the Indemnified Parties.
7. Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of the any of our obligations under this agreement that is caused by events outside of our reasonable control, including without limitation, Acts of God, flood, earthquake, windstorm or other natural disaster, any labour dispute (including but not limited to strikes, industrial action or lockouts) and terrorist attack, (“Force Majeure Event”). Our obligations under this agreement will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. In the event the Force Majeure Event continues for a period of 30 days, we have the right to terminate this agreement upon written notice to you
8.1 Each party (“receiving party”) agrees not to use or disclose to any person any confidential information about the business or affairs of the other party (“disclosing party”) or any of its business contacts, or about any other confidential matters which may come to its knowledge in the course of performing its obligations under this agreement except as permitted in clause 8.3. For the purposes of this clause 8.1 confidential information
means any information or matter which is not in the public domain and which relates to the affairs of the disclosing party or any of its business contacts that would be regarded as confidential by a reasonable business person.
8.2 The restriction in clause 8.2 does not apply to:
- any use or disclosure authorised by the disclosing party or as required by law; or
- any information which is already in, or comes into, the public domain otherwise than through unauthorised disclosure of the receiving party; or
- any information which was lawfully in the possession of the receiving party before the information was disclosed to it by the disclosing party.
8.3 If it is necessary for the performance of its obligations under this agreement, the receiving party is permitted to use the disclosing party’s confidential information for such purpose.
8.4 The receiving party must return or destroy upon the disclosing party’s request the disclosing party’s confidential information.
9. Intellectual Property Rights and Content
The Site is owned by us. Unless otherwise stated, all content on or extracted via this Site including without limitation Data is owned by us. The content of this Site, Pro Platform, Insight Store and Data are protected by intellectual property rights including without limitation, copyright, moral rights, trade marks, database rights. We are the owner or the licensee of all such intellectual property rights.
GlobalWebIndex and Global Web Index are trade marks of Trendstream Limited.
10. Disclaimer and Liability
10.1 Clause 10 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to customer in respect of:
- any breach of this agreement;
- any use made by the Customer and the Authorised Users of the Services and Data or any part of them; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
10.2 We will not be liable if for any reason our Site, Pro Platform, Insight Store, Data or the Services are unavailable at any time or for any period.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or the Services.
10.4 Notwithstanding clause 5.2, we shall have no liability whatsoever to customer or any Authorised User as a result of any action, claim, loss, damages or expenses, direct or consequential, suffered by customer or any Authorised User due to its reliance on or use of the Data or other information obtained via our Site, Insight Store or the Pro Platform. You and the Authorised Users are solely responsible for any decisions you or the Authorised Users may take or decide not to take arising out of or in connection with the Services and any Data, and/or for results obtained from the use of the Services and the Data, and for conclusions drawn from such use.
10.5 We shall have no liability to customer or any Authorised User for any damages or loss or claim occasioned as a result of late delivery of any report or Data or website availability.
10.6 Except as expressly and specifically provided in this agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
10.7 Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any liability which cannot be excluded or limited under applicable law.
10.8 Subject to clause 10.6 and 10.7:
11. Personal Data
- we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
- our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to total Fee(s) paid during the 12 months immediately preceding the date on which the claim arose.
11.2 If you submit an individual’s personal information to us you confirm you have the authority to do so.
12.1 This agreement can be terminated by us:
13. Non Solicitation
- upon giving you 30 days written notice at any time; or
- in accordance with clause 7; or
- in the event you or any Authorised User breaches clauses 2.1 or 2.2; or
- you fail to pay any amount due under this agreement on the due date for payment and remain in default not less than 30 days after being notified in writing to make such payment; or
- in the event of a Change of Control of customer.
- you commit a breach of any of the material terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
- Either party becomes insolvent, are unable to pay its debt, ceases to trade, has a receiver appointed over the whole or any part of its assets, has an administrator appointed, enters into any composition with creditors generally, is wound up or any step is taken towards any of these events; or
- Either Party suspend or cease, or threatens to suspend or cease, to carry on all or a substantial part of its business.
During the term of this agreement and for a period of six months after its termination, customer and no Authorised User shall, without our prior written consent, solicit, the business or custom of any of our customers who subscribe to our GlobalWebIndex service with a view to providing goods or services to such customers in competition with our GlobalWebIndex service.
All notices sent by you to us must be sent to Trendstream Limited, Fulham Green, 69-79 Fulham High Street, London, SW6 3JW, UK. We may give notice to you at the postal address you provide. Notice will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, that the letter was properly addressed, stamped and placed in the post. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.1 We have the right to change these terms and conditions from time to time. Changes will be posted on our site. By accessing our site, and using the Services, you and the Authorised Users agree that you are subject to the terms and conditions in force at that time.
15.2 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent territory to be invalid, unenforceable or illegal, the other provisions shall remain in force.
15.3 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
15.4 Failure by us to exercise or enforce any right in relation to terms and conditions of this agreement shall not be deemed to be a waiver of that right.
15.5 You shall not, without our prior written consent assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
15.6 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this agreement.
15.7 Except as provided in clause 6.6, no person other than a party to this agreement shall have any rights to enforce any term of this agreement. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
15.8 The agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims)(“Disputes”) shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts to settle any Disputes.
15.9 These terms and conditions, and Fee invoice(s) constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement. Each party acknowledges that, in entering into this agreement, it does not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
16. Legal Information
and Pro Platforms are sites operated by Trendstream Limited . We are registered in England and Wales under company number 6761659 and have our registered office at Fulham Green, 69-79 Fulham High Street, London, SW6 3JW, UK, which is also our main trading address. Our VAT number is GB 970 0368 27.