Background

This agreement applies as between you, the User of this Web Site and Marketscan, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is available for download.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

"Marketscan" means Marketscan Limited, Regd Office 8 Dukes Court,Bognor Road, Chichester, West Sussex, PO19 8FX;

"Service" means collectively any online facilities, tools, services or information that Marketscan makes available through the Web Site either now or in the future;

"Services" means the services available to you through this Web Site, specifically the supply of data and data services

"Payment Information" means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Purchase Information" means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

"Premises" Means our place(s) of business located at 8 Dukes Court Bognor Road, Chichester, West Sussex, PO19 8FX;

"System" means any online communications infrastructure that Marketscan makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; possible without modifying the remaining provisions of these terms of use and shall in no way affect the validity or enforceability of any other provisions.

"User" / "Users" means any third party that accesses the Web Site and is not employed by Marketscan and acting in the course of their employment; and

"Web Site" means the website that you are currently using (http://www.marketscan.co.uk, http://www.marketscanonline.co.uk, http://www.marketscaninfo.co.uk) and any derivatives there from.

2. Business Customers

These Terms and Conditions apply to business customers only. Intellectual Property

2.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Marketscan, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Marketscan.

3. Third Party Intellectual Property

3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express

4. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Marketscan or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.marketscan.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Marketscan. To find out more please contact us by email at info@marketscan.co.uk, telephone 01243 786711 or write to Marketscan Ltd, 8 Dukes Court, Bognor Road, Chichester, West Sussex, PO19 8FX.

7. Use of Communications Facilities

7.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

7.1.1 You must not use obscene or vulgar language;

7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3 You must not submit Content that is intended to promote or incite violence;

7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other language;

7.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;

7.1.6 You must not impersonate other people, particularly employees and representatives of Marketscan or our affiliates; and

7.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

7.2 You acknowledge that Marketscan reserves the right to monitor any and all communications made to us or using our System.