This document sets out the Terms & Conditions under which 3cAnalysis (“3cANALYSIS”) authorises you, the subscriber or trialists (referred to in these Terms and Conditions as “you”, the word “your” being construed accordingly), to use the 3cANALYSIS Service (“the Service”) from the date of the Subscriber’s subscription until termination of the Subscriber’s subscription for any reason.

Your subscription for and/or use of the Service shall constitute your agreement to and acceptance of these Terms and Conditions

  1. Licence
    1. This is your agreement with 3cANALYSIS in relation to your subscription to the Service which is an online web based market analysis service. It is your responsibility to satisfy yourself that the Service will meet your particular requirements.
    2. Your subscription to the Service will comprise of the right for you to view and print analysis and reports provided as part of or generated by the Service for your own use only.
    3. Copyright and Database rights protect the structure, the data and in particular the analysis generated by the Service. All such rights are reserved to 3cANALYSIS.
    4. Due to its policy of updating and improving the Service 3cANALYSIS may wish to introduce additional subscription based services and/or change the terms of this Agreement. When any terms are changed 3cANALYSIS will notify you by post and/or e-mail such notice being effective 3 days after posting or being e-mailed as the case may be. If you use the Service after that time, you are agreeing now to be bound by those changes. If you do not wish to accept those changes, you should notify 3cANALYSIS and the changes will not be effective unless and until your subscription is renewed.
  2. Permitted Uses
    1. During a Subscription or Assessment period, you are permitted to provide your login information and password and thereby allow the Service to be used by your nominated employees only on the number of computers for which a licence has been purchased. The permitted use of the Service is to view and print copies of any analysis, information and reports which are provided as part of the Service for your internal business use only
    2. There are limits on your rights to use the Service and accordingly you are not permitted to do any of the following without 3cANALYSIS’s prior written agreement:
      1. loan, copy or lease your login information and/or password for the Service or any part of the Service or the user instructions for the Service to third parties
      2. transfer your subscription, assessment or any user licence to any third party
      3. use the Service as a sub-contractor for any third party or otherwise use the Service other than in relation to your own business use
      4. publish or otherwise provide copies to any third party of any analysis, information and reports which are provided as part of the Service
      5. erase, move or deface any trademark, copyright or database right notice appearing within any image or document produced within or as part of the Service
      6. use the Service on more than the number of computers for which a licence has been purchased
  3. Fees and Payment Terms
    1. All subscription fees are payable for a minimum of 1 months in advance.
    2. All fees must be paid in sterling unless agreed, in advance and in writing, with 3cAnalysis LLP.
    3. All fees are quoted exclusive of vat which will be added at the applicable rate as appropriate.
  4. Termination & Renewal
    1. Your rights to use the Service will terminate immediately in any of the following events:
      1. Either you or 3cANALYSIS can give notice of non-renewal of your subscription any time during the subscription period
      2. Your subscription will be terminated if you are in breach of this Agreement (including failure to make any payment required under this Agreement) and fail to rectify that breach within 7 days of 3cANALYSIS giving written notice to you, or
      3. if (in the case of a company) you enter into any form of liquidation or have a receiver, manager or administrative receiver appointed over your undertaking or assets or (in the case of an individual) you are made bankrupt or have a bankruptcy petition made against you which is not dismissed within 28 days of presentation.
    2. Upon termination or expiry of this Agreement for any reason you agree to make no further use of the Service and you acknowledge that further access to the Service may be prevented by 3cANALYSIS.
    3. For subscriptions in excess of 3 months. If this agreement is terminated or cancelled by you in accordance with the terms of this contract then 3cANALYSIS shall promptly refund to you any monies paid in advance for any unused 3 month periods on a 3 month pro rata basis
    4. For subscriptions of 3 or 6 months, 3cAnalysis require a notice period of no less than 1 month. For 1 year subscriptions the required notice period is 3 months.
  5. Warranties, Limitations and Liability
    1. 3cANALYSIS warrants that it is the owner of all copyright in the Service and in particular in all reports and/or analysis comprising part of the Service.
    2. Any links from 3cANALYSIS’s website to other internet sites are provided for convenience only and 3CANALYSIS accepts no responsibility for the content, availability or usability of any such site.
    3. 3cANALYSIS will use reasonable skill and care in making the Service available to you. However, by its nature market analysis represents the personal view of the author and no warranty can be, or is, offered as to the accuracy of any such analysis, or that predictions provided in any such analysis will prove to be correct. Should you rely on any analysis, information or report provided as part of the Service it does so entirely at its own risk, and 3cANALYSIS accepts no responsibility or liability for any loss or damage you may suffer as a result.
    4. Given the nature of the internet and the possibility of electronic malfunction, disruption or interruption to the delivery of the Service over the internet 3cANALYSIS cannot guarantee or warrant the reliability of the Service. Furthermore, 3cANALYSIS does not give any warranty as to the completeness, performance or fitness for a particular purpose of the Service.
    5. The Service can only be accessed if you retain the minimum requirements for hardware configuration as specified by 3cANALYSIS from time to time and it is your responsibility that you maintain hardware meeting those minimum requirements at all times. The Service is supplied to you on an “as is” basis and has not been designed to your individual business requirements.
    6. By entering into this Agreement, you will accept sole responsibility for, and 3cANALYSIS shall not be liable for:
      1. your use of all or any part of the Service
      2. maintaining the confidentiality of your login details and password to access the Service and for all activity on your account.
      3. ensuring your use of the Service does not breach any applicable local, national or international laws or other regulations.
    7. You hold 3cANALYSIS harmless and fully indemnified against any claims (including legal and other costs, damages, losses and liabilities) made by any third parties against you and/or 3cANALYSIS arising from such use of the Service or any component of the Service.
    8. In no event will 3cANALYSIS be liable to you for any loss or damage of any kind (except personal injury or death resulting from 3cANALYSIS’s negligence) including lost profits or other consequential loss arising from:
      1. any delay in accessing and/or inability to access the Service whether due to a Force Majeure (as defined in 7 below), electronic malfunction or any unreliability in the Service, nor for any failure or disruption of, interruption to or other unavailability of access to the Service
      2. your use of or inability to use the Service or for errors or deficiencies in it, or for any damage to or corruption of your data whether caused by negligence or otherwise except as expressly provided in this Agreement
      3. In no event shall 3cANALYSIS’s liability exceed the subscription amounts paid by you for the use of the Service in the current Subscription Period.
    9. The express terms of this Agreement are in lieu of all warranties and obligations implied by statute, common law or otherwise all of which are hereby excluded to the fullest extent permitted by law. Whilst it is 3cANALYSIS’s policy to carry out virus checks, in particular 3cANALYSIS does not warrant that the Service or 3cANALYSIS’s website is free from infection by viruses or anything else that has contaminating or destructive properties.
  6. Force Majeure
    1. 3cANALYSIS will not be considered in default or liable under this Agreement if it fails to perform any of its duties as a result of any act of God, act of government or state, civil commotion, embargo, epidemic, fire, flood, insurrection, war, disablement or interruption to the telecommunications network or any other reason beyond 3cANALYSIS’s control (“Force Majeure”).
    2. In the event of Force Majeure, 3cANALYSIS will use reasonable endeavours to overcome such delays.
    3. If the Force Majeure circumstance continues for a consecutive period of 2 weeks or more, either 3cANALYSIS or you may give notice to the other to forthwith terminate this Agreement forthwith.
  7. General
    1. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
    2. This Agreement forms the entire agreement between the parties relating to its subject matter. Any variation of this Agreement (except for any variations arising out of clause 1.4) shall be binding only if it is recorded in a document signed by or on behalf of all the parties.
    3. Failure or delay by either party to exercise any right or remedy under this Agreement does not constitute a waiver or bar to exercise of that right or remedy.
    4. You may not assign, sub licence or otherwise transfer your rights or obligations under this Agreement.
    5. 3cANALYSIS reserves the right to use any information gathered through the provision of the Service to you and others for statistical, marketing or development purposes. 3cANALYSIS undertakes to keep confidential the source of any information.
    6. This Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
    7. Please also note that that 3cAnalysis does not perform any regulated activities and does not report to any regulator.