Terms of Use
IMPORTANT-READ CAREFULLY
The TERMS OF USE ("TOU") is a legal agreement between you (either as an individual or any other legal entity) ("You" or "Your") and Prodant Limited ("Prodant"). Your access to, and use of Prodant websites ("Website") is subject to, and governed by, these TOU. Be sure to carefully read and understand all of the rights and restrictions delineated in these TOU. For Your reference, You may print the TOU by using the "Print" option on Your browser. By accessing the Website, you confirm your agreement to and acceptance of these terms. Prodant reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the "Terms of Use" link at the bottom of each Website page.
These terms and conditions shall:
(a) apply to and be incorporated into any contract between you and us; and
(b) prevail over any inconsistent terms or conditions contained, or referred to in your acceptance of a service given by us or implied by law, trade custom, practice or course of dealing.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN PRODANT WEBSITES INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.
Changes to the terms
Prodant will occasionally update these terms and conditions, including the privacy statement, by updating this page. You should visit this page from time to time to review the then-current terms because they are binding on you.
Access
Prodant has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that Prodant, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or Prodant, Prodant makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.
Copyright
© Prodant Limited 2007. All rights reserved. This website is owned and operated by Prodant. All the content featured or displayed on this website, including all downloads available from it, is owned directly by Prodant Limited unless otherwise stated. To the extent that Prodant has the right to do so without compensation to third parties, and except for material specifically provided under other terms, Prodant grants You permission to copy materials on the Website solely for Your non-commercial use in support of Prodant services and solutions. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original or any copies of Prodant material must include Prodant copyright notice.
You may not, without Prodant's permission, "mirror" any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of Prodant or any third party.
No material is used on this website without the permission of the copyright owner. If you are the copyright owner of any material used on this website and you believe that your copyright is being infringed you should email or call 0845 004 1060 and the material will be removed as soon as possible.
Trademarks
Prodant and the Prodant logo are trademarks or service marks, registered or not, of Prodant. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to Prodant or third party suppliers, without the written permission of Prodant.
The trademarks of other companies used on this website are used with permission.
Confidentiality and our Property
You shall keep in strict confidence all [technical or commercial know-how, databases and contacts, specifications, processes or initiatives] which are of a confidential nature and have been disclosed to you by us, our employees, agents or sub-contractors and any other confidential information concerning the our business or its products which you may obtain. You shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging your obligations to us, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind you.
This condition 4 shall survive termination of the contract between you and us, however arising.
Information Provided to Prodant
Prodant does not want You to, and You should not, send any confidential or proprietary information to Prodant via the Website. Any submission by You to, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of Prodant. Furthermore, by Your submission You grant Prodant an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. Prodant shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Links
Hypertext links are links by which visitors can move from one website to another or from one page to another within the same website. Deep links are hypertext links which take visitors into a particular page on a website whilst bypassing the homepage of that website. The website contains hypertext and deep links to third parties' websites.
The links on the website will let you leave Prodant site. The linked sites are not under the control of Prodant and Prodant is not responsible for the contents of any linked site or any link contained in a linked site, any changes or updates to such sites, or any data that maybe collected and stored about you (if any). Prodant is not responsible for webcasting or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by Prodant of the site.
Any hypertext links and deep links between our primary website and any third party website are provided for your convenience only and we accept no liability whatsoever for the contents of any such third party website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of third party website material causing any damage, costs, injury or loss of any kind. Please note when you link to a third party website the provisions of our Privacy Policy (which are set out below) do not apply to any personal data collected and processed by that website's operator. You agree that you will not create any hypertext or deep links between the Site and any other website without our prior written consent.
Limitation of Liability
Prodant, its related companies, directors, employees, representatives or agents may not, under any circumstances be held liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages arising out of the use of (or the inability to use) the website or any material on the website. This includes, but is not limited to, the loss of data or loss of profit, even if Prodant was advised of the possibility of such damages. If all or part of this liability is found unenforceable for any reason, then Prodant's maximum aggregate liability under such circumstances for liability that would otherwise have been limited shall not exceed one hundred pounds (£100).
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any contract between you and us.
Prodant attempts to provide accurate information on this website. The information contained in this website is not comprehensive and it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in this website and any decisions you make based on information contained in this website are your sole responsibility. Information may be change on the website at any time without notice.
Material on this website is provided "as is" and does not constitute a warranty of any kind, either express or implied. Prodant disclaims all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Statements made on or contained in this website or in documents referred to may be forward looking statements and actual results may differ materially from those expressed or implied in such statements. Prodant is not obliged to update the material on this website.
The use of this website is at your own risk. Prodant Limited does not accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of the this website or any information contained in it. This includes, but is not limited to the loss of data or loss of profit, even if Prodant was advised of the possibility of such damages. We are of course happy to discuss with you the implications of any issue raised if you e-mail us at
Nothing in these terms and conditions limits or excludes our liability:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
Subject to the conditions above:
(a) We shall not be liable for:
(i) Loss of profits or income; or
(ii) Loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of contract; or
(vi) loss of use; or
(vii) corruption of data or loss of information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Assignment
The TOU may not be assigned or transferred by You without the prior written consent of Prodant. Prodant may assign the TOU to any affiliate or third party in part or in whole.
Disputes
Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation ("Dispute"), will be finally resolved solely in accordance with the terms of this Section.
If a Dispute arises, the parties will endeavour to resolve the Dispute through good faith negotiation within forty-five (45) days of notification of the Dispute. If the Dispute cannot be settled through good faith negotiation, Prodant and You will submit the Dispute to non-binding mediation conducted by a mutually acceptable alternate dispute resolution organization. Each party shall bear its own expenses but those related to the compensation of the mediator shall be borne equally. The parties, their representatives, other participants and the mediator (and arbitrator, if any) shall hold the existence, content and result of mediation in confidence. If the Dispute is not resolved through mediation, claims may be brought in a state or federal court of competent jurisdiction or resolved through binding arbitration. Notwithstanding the foregoing, Prodant shall be entitled to take immediate legal action where required to protect its confidential or proprietary information, or to obtain any interim injunction.
Actions on Disputes between the parties with respect to the TOU must be brought in accordance with this Section within two years after the cause of action arises.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Data Privacy
You and Prodant agree that they shall comply in all respects with all applicable data protection laws and regulations (or any legislation or regulations amending or replacing the same) (together, the "Data Protection Laws").
You shall in connection with these TOU (i) not do or permit anything to be done through an act or omission which might jeopardise or contravene Prodant liability under Data Protection Laws; and (ii) enter into such agreements as Prodant shall reasonably require in relation to the cross border migration of personal data.
You shall indemnify and keep Prodant fully indemnified against any and all liability, loss, damage, costs (including legal costs) and expenses which Prodant, or any Prodant affiliate may incur or suffer whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill) as a result of any breach of this Section.
When you submit personal data to Prodant on the website or when registering for the website, Prodant may transfer and/or retain the personal data you submitted to a country outside the country in which you are located or from where such personal data was collected, which may not have the same or equivalent data privacy protections. If you do not approve of such transfer and/or retention, do not submit personal data to Prodant.
By agreeing to these TOU, you are agreeing that Prodant may share your personal data and other information (with the exception of account, credit card and ordering information) with third parties in cases where Prodant believes your business interests will be served. If you do not approve of Prodant sharing your personal data and other information in such a fashion, do not agree to these TOU.
Privacy policy
At Prodant, we are committed to protecting your privacy and you can go through the Prodant website without providing any information about yourself. However, in order for you to gain access to the Market Insight section of the website, we require you to complete a registration form and the Ask the Experts section requires you to send your email address. This privacy policy explains data collection and use in these situations.
The extent and type of information we receive from you depends on the information you provide to us through the registration process or through other contact. In accordance with the requirements of the Data Protection Act 1998 (the "Act") this registration information is kept secure. However, the Internet is global and no data transmitted via the Internet can be guaranteed to be 100% secure during transmission. We cannot warrant the security of any information you transmit to us before we receive it and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
For the purpose of the Act, the data controller is Prodant Ltd, Suite 47, Westminster Buildings, Theatre Square, Nottingham NG1 6LG.
It is also possible that the information you provide to us will be temporarily transferred outside the European Economic Area as it passes between you and us. By submitting your personal data, you provide unambiguous consent to this transfer. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. The level of protection that is applied to the transfer of this data will depend on the nature of the data, the third party country and its governing and professional laws and security.
We use your personally identifiable information in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the registration form. You are provided the opportunity to update your registration information should you no longer wish to receive information from us.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.]
We may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Prodant Limited our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
The information you provide to register on the website is used to personalise your online experience and to deliver the content most suited to your needs. It is also used to alert you to updated information or new services from Prodant. We occasionally contract other companies to provided limited service on our behalf, including sending postal mail. In addition, Prodant has technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information.
If you send us a Curriculum Vitae (CV) to apply for a position at Prodant, we will use the information provided to match you with available opportunities.
The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or as required by law or other legal processes, and we never sell your personal information.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to Our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Prodant recognises its responsibility for protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at . You may also use this address to communicate any concerns you may have regarding compliance with our privacy policy
Please click the "Privacy" link at the bottom of each Website page for disclosures relating to the collection and use of Your personal information.
Software License terms
Any software You download from the Website is governed by (i) the license terms accompanying the software or (ii) if no license terms accompany the software, the terms of Your license agreement with Prodant which accompanied the original product licensed by You which you are updating or (iii) if neither (i) or (ii) is applicable, the Software License Agreement below.
Software License Agreement
(1) License Grant. Prodant grants to you, subject to the following terms and conditions, a nonexclusive, nontransferable right to use the software on a single processor at a time. Prodant reserves all rights not expressly granted to you.
(2) Protection of Software. You agree to use Your best efforts to protect the software and documentation from unauthorized copy or use. The software source code represents and embodies trade secrets of Prodant and/or its licensors. The source code and embodied trade secrets are not licensed to you and any modification, addition or deletion is strictly prohibited. You agree not to disassemble, decompile, or otherwise reverse engineer the software in order to discover the source code and/or the trade secrets contained in the source code.
To the extent that the software is located in a Member state of the European Community and you need information about the software in order to achieve interoperability of an independently created software program with the software, you shall first request such information from Prodant. Unless Prodant refuses to make such information available, you shall not take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the software. Prodant may charge you a reasonable fee for the provision of such information.
(3) Copies. You may make a single archive copy of the software. You may not copy documentation unless it carries a statement that copying is permitted. All proprietary rights notices must be faithfully reproduced and included on all copies.
Disclaimers
While Prodant attempts to provide accurate information on the website, it assumes no responsibility for the accuracy of the information. Prodant may change the information on the website, or the products mentioned, at any time without notice. Material, including software, on the website and the website itself is provided "as is" and Prodant does not provide any warranty of any kind, express or implied. Prodant specifically disclaims any warranties of merchantability or fitness for a particular purpose with respect to the website or any content or material on the website.
Prodant makes no warranty that (i) the website will meet your requirements, (ii) access to the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, and (iv) any errors in the software will be corrected.
Any material or software downloaded or otherwise obtained through the use of the website is done 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 or software.
No advice or information, whether oral or written, obtained by you from Prodant or through or from the website shall create any warranty not expressly stated in the TOU.
What law governs this website?
Your use of this website and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this website, notwithstanding that Prodant shall have the right to commence and prosecute any legal or equitable action proceeding before a non-UK court of competent jurisdiction in the event that such action is necessary or desirable.
In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract between you and us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
This constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to Prodant Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.
