TERMS AND CONDITIONS
The information on this Site is provided in good faith for general informational purposes only, and should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness. The Site may contain information submitted by a third party including adverts. The information
Except for any express warranties or undertakings given on the Site, we exclude all warranties (express or implied) in respect of the Site and the content of and your use of the Site.
We shall not be liable to you for any loss that you suffer (including, without limitation, damages for any consequential loss or loss of business opportunities, or loss of profits) howsoever arising, whether in contract, tort or otherwise from your use or inability to use this Site, or any of its contents, or from any action or omission taken as a result of using this Site.
We may provide links to other websites. However we do not endorse or take responsibility for the content of those websites, we are not responsible for the availability of them and will not be liable in any way for any loss or damage which you may suffer by your use or inability to use those websites. If you decide to access linked websites you do so at your own risk. If you purchase any goods or services from a third party or third party website to which we provide a link your contract for the supply of those goods and services will be with that third party.
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in all countries or that the name and description of any product in your country will be the same as that included on the Site.
We have taken every care in the creation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted or error-free access to the Site at all times. We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
We reserve the right at any time, without liability for doing so, to modify or discontinue, temporarily or permanently, any of the content, functions or services we offer on the Site, with or without notice.
We reserve the right to amend these Terms without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the Site.
Use of the Site
By submitting personal information via any of the online forms on the site, you consent to being contacted (either by phone or email) by an APU representative. You also agree that the information you provide us with when you use the Site will be true and complete.
You agree not to use the services we provide via the Site to:
- Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Transmit any information that you do not have a right to transmit or which infringes another’s rights, or transmit any unsolicited or unauthorised promotion. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services, or collect or store personal data about other users.
The Copyright in all of the Copyright works contained within these pages is either owned by APU or licensed to it. Reproduction of part or all of the contents of any of these pages is prohibited except to the extent permitted below.
These pages and the separate Copyright works contained therein may be viewed on screen, downloaded onto a hard disk or printed, provided that you include this Copyright notice on each copy and that you make no alterations to any of the pages and do not use any of the pages in any other work or publication in whatever medium stored.
Please read this section carefully as it contains the legal terms and conditions that you agree to when you use our Site.
This website is operated by APU Commercial Information Services LLC. Bayswater Bay by Omniyat, Business Bay, Plot no. 12-, Makani, Dubai, United Arab Emirates, License number 00438.
License Terms & Conditions
Welcome to www.apucis.com (‘the Site’), which is owned and operated by APU Commercial Information Services LLC (‘APU’, “Company”, ‘we’ or ‘our’ as applicable).
The license terms and conditions stated herein grant non-exclusive rights to authorized users for using the product(s) or service(s) ("REPORTS") offered by APU in any form, and is applicable to all orders ("ORDERS") processed by APU. By placing the order, an individual ("you"), on his/her own or on behalf of an “organization,” agrees to the License Terms, and shall be binding upon the user upon acceptance of the delivery APU’s research products, including research reports, survey data, company profiles, custom research services, and any other product created and owned by APU) or consulting assignments by APU and any of its authorized distributors. The License Terms supersede and replace any other agreement accepted by you with respect to a prior version of the product or service.
Website User Agreement for Online Services Provision
Unless there is another written agreement between you and us that covers your use of part or all of Our Service, this is the entire agreement between you and us. If there is another written agreement between you and us that covers your use of part of Our Service, this Agreement covers all other use of Our Service by you. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise or another written agreement covers your use of those new products or services.
The User Agreement for Online Services Provision is between APU (and any customer(s) (“Customer”), that may each be referred to herein individually as a “Party” or, collectively, as “the Parties”. This Agreement describes the terms and conditions under which the Company renders services (“Services”) to the Customer that has expressed willingness to use our website (“Website” or “Site”). The use of the Website and the Services by the Customer means complete acceptance, without exclusion, of the below terms and conditions which refer to all individuals and/or business entities accessing the Website.
References to “we” or “us” in these Terms and conditions are to www.apucis.com.
References to “you” in these Terms and conditions are to the users of this website.
References to “Partner Organisation or Partner Network” in these Terms and conditions are to organisations with whom APU cooperates.
References to “the site” in these Terms and conditions are to this website and its contents.
As used in this Agreement, the following terms shall have the following definitions:
“User(s)” means any entity(ies) or individual(s) whatsoever using the Website Services in any form and/or registered on the Website.
“Customer(s)” means any User(s) whatsoever placing an Order subject to the terms and conditions of the Procedures, course of actions and routines to assist cooperation between the Parties under this Agreement.
“Report(s)” means a complete market research report, analytical review, or other market research products or materials content.
“Order(s)” means an instruction or instructions of public or private character relating to the purchase of the Report(s) by the Customer(s) and placed on the Website in accordance with the Standard Procedures for Order placing indicated on the Website. A physical or legal entity that has placed the Order is deemed to be a Customer under this Agreement.
“Additional Services” means fee-based services provided by the Company to User(s).
“Website Procedures” means technically and logically realized course of actions and routine to assist cooperation between the Parties under this Agreement.
“Website Rules of Conduct” means the rules which govern all possible interactions between Users on the Website.
Purpose of this Agreement
Once the User clicks the “Register” or “Sign Up” button located at the bottom of the Website’s registration page, this Agreement enters into force in respect of this User. By registering, the User agrees to abide by all terms and conditions of this Agreement.
Any use by the User of the resources and Services of the Site means that the User agrees to comply with all terms and conditions set forth in this Agreement.
These Terms and Conditions (‘Terms’) govern the use of this Site including our Access Programs / Subscription Services, Monitor Nexus and Monitor IntelFlow Radar subscription portal and any order for material content or services that you place, and the rights you acquire to use such material content or services. By using the Site, regardless of whether or not you choose to subscribe, you are agreeing on behalf of your business for it to be bound by these Terms. Please read them carefully to understand your business’s rights and liabilities before placing an order or using the Site. The terms ‘you’, ‘your’ or ‘your business’ in these Terms are a reference to the business on whose behalf you act when using, registering or placing an order from this Site.
Rights of the Customer
Subject to the Website Procedures, the Customer has the right to:
- place the Order;
- receive the Report(s);
- order Additional Services;
- cancel the Order prior it is processed, subject to Website Rules of Conduct and this Agreement.
Responsibilities of the Customer
The Customer shall abide by all terms and conditions of this Agreement and Website Rules of Conduct.
The Customer shall provide the Company with the right to use at no expense any information placed by the Customer or User at the Website.
The Customer shall hereby agree to commit in a bona fide manner to the fulfillment of all responsibilities arising from the use of the Services and Additional Services offered at the Website.
The Customer shall not apply any software, robot, device or any other automated or manual process, to monitor, copy, or otherwise publicly display any content of the Website without the written permission from the Company.
The Customer shall not copy, transmit, present, reproduce, alter, expand, distribute, transform into similar products (derivatives), or otherwise use in commercial or other purposes the content of the Website (in whole or in any part) without first obtaining the written permission from the Company.
The Customer shall not use any devices, software or other means that might disturb the operation of the Website.
The Customer shall not engage in any activities that pose unreasonable or excessive load on the Website infrastructure.
The Customer shall satisfy himself of the quality of the Report with his/her expectations and requirements before placing an order.
Website Rules of Conduct
1. The Website is owned by the Company.
2. The Users provide the Company with information by the following means:
a. filling in the Registration Form on the Website;
b. filling in the Order Form on the Website;
c. communicating with other Users via the Website.
d. placing data in any accessible area of the Website;
e. emailing to the Company.
3. The information posted by the User(s) to the Company shall not:
a. be false, inaccurate or misleading;
b. be for the purpose of fraud, cheating or malpractice;
c. breach third party property, commercial secrets or privacy;
d. contain data offending honour, dignity or business reputation;
e. involve slander and/or threats in relation to anyone or sound otherwise objectionable;
f. encourage or condone racial hatred or criminal activities;
g. include vulgarity, adult content, swear words and other language likely to offend;
h. carry computer viruses or other computer programmes that may cause damage, unauthorized access, unlawful interception/appropriation of data from any system, appropriation of a system itself (in whole or partially), unapproved acquisition of personal or other data (including data owned by the Company and incorporated in the Website);
i. foster activities harmful to the Company and the Website, including actions that may lead to partial or full termination of services rendered by Internet and other service providers.
j. contain advertising materials, unless otherwise agreed with the Company.
k. otherwise break laws and Website Rules of Conduct.
The User hereby endows the Company with the right to use, at no expense to the Company, all data provided by the User to the Company (such data may include existing and future intellectual property rights). The use of these data is subject to the terms and conditions of this Agreement; such use is based on non-exclusive rights and is exempt from time and geographical limitations. The Company may concede the above rights to third parties.
The Company has a right to apply any storage media (that currently exists and may appear in future) to operate with the data provided by the Users. The use of these data is subject to the terms and conditions of this Agreement.
ACCESS, REGISTRATION & SUBSCRIPTION
You are free to browse many areas of the Site without subscribing or registering. However, if you want to place an order, access purchased material content or access certain other parts of the Site, then you will need to subscribe and register.
You must be 18 years of age or over to use this Site. You must ensure that all the information you provide when you register or place an order is true, accurate, current and complete in all respects. If your registration details change, you must edit them in your Account Details.
Our Access Programs / Subscription Services can only be accessed using the log-in details provided by APU after your order for such services has been successfully processed.
The log-in details for each registration / Access Program / Subscription Services account are for use by a single user only. Please do not share your log-in details, or allow those of any Authorised Users to be shared, with any other person as you will be held responsible for all activities that occur under these passwords and/or accounts with or without your knowledge.
If you become aware of any misuse or unauthorised use of your log-in details, including those of any Authorised Users, then you must inform APU immediately by sending an e-mail to firstname.lastname@example.org.
MATERIAL CONTENT AND SERVICES AVAILABLE ON THE SITE
APU provides some material content on the Site for free - executive summaries of reports, opinions and articles - and material content that we charge for - published reports in digital format for download from the Site, and use in certain specified formats. Please note that from time to time APU may modify the formats in which the Reports are available, so you should always check before making a purchase.
You can use the material content that we make available for your own reference use only in connection with your business to view online, download one or more items of it onto the drive of one hardware device or print one copy of one or a reasonable number of items, provided you keep intact all and any copyright and proprietary notices. All other rights in relation to our free content are reserved.
You can purchase this material content at the prices stated on the Site or access it by subscribing to a service that includes such material content (“Access Programs / Subscription Services”).
When you buy any of our material content in digital form, what you are buying is the right to use it, for your own reference in connection with your business in the following ways only:-
- to view it online;
- to download one copy of that digital material content in an available electronic format;
- to store that material content in electronic format on the drive of one hardware device; to print out one copy of that digital material content;
- to manipulate any statistical data that is provided with a Report;
- provided that you keep intact all and any copyright and proprietary notices.
Restrictions on the use of purchased material content
When you purchase a Report, you may also be given access to statistical data at no extra charge.
If you wish to use our material content in any way not expressly permitted in these Terms below (including, but not limited to making them available via an intranet or extranet or to or via a mobile device), you must first request written permission from APU. APU may grant or withhold permission for such use at its own discretion. If APU grants you permission for such use, in addition to any other conditions applied, you must attribute the material content to APU Research and Insights in the following form: “source: Material and database rights APU Research and Insights. All rights reserved.”
Access Programs / Subscription Services
APU offers Access Programs / Subscription Services comprising a variety of digital material content, including reports, data and articles, research support services, tools, accelerators and features which can be used to save or export that material content into various formats as available from time to time on the Site.
APU permits use and re-use of the material content made available through our Access Programs / Subscription Services, subject to certain permissions and restrictions as set out in these Terms, to protect APU’s commercial interests by preventing the creation of substitute products.
Permission to use material content accessed using an Access Program / Subscription Service
When you pay for an Access Program / Subscription Service, you are buying the right for “Authorized Users” to access and use the digital material content available through that service in connection with your business and for the duration of the subscription, subject to these Terms:
- to browse and search for digital material content;
- to view it online;
- to download and store copies of that digital material content in electronic format;
- to print out copies of that digital material content and make photocopies;
- to make printouts and photocopies available to other Authorised Users;
- to manipulate any statistical data that is provided in accordance with the underlying Business Intelligence (BI) functionality provided.
For creating and re-distributing New Materials to your clients:
To take extracts from the digital material content available through our Access Programs / Subscription Services for the purpose of reproducing them in original “New Material” and supplying that New Material to the client who commissioned you to create it for use by that client for internal business purposes only.
Such extracts can be used in accordance with this clause:
- For the use of the ClipIndex Tool, the New Material can consist of original material created by one or more Authorised Users and material aggregated from third parties reproduced in the New Material, under the assumption that any conclusions drawn by the Authorised User which appear in the New Material and which are based on or refer to such extracts, are accurate, fair and reasonable;
Neither you nor any Authorised Users may not produce any New Material which could reasonably be regarded as a substitute product for the digital material content available through an Access Program / Subscription Service.
- You and any Authorized Users shall permanently delete all stored copies of any material content made available through an Access Program / Subscription Service within 30 days following termination of the relevant subscription. However, this will not prevent any continued use of any New Materials which were compiled before termination of the Subscription Service.
PURCHASING MATERIAL CONTENT AND SERVICES
You can access your account section by clicking on "Account Dashboard" link located on top right hand side corner once logged-in. In your account area you will be able to see your order history, wishlists and more.
Once you've subscribed and logged in, search to find market research reports relevant to your business needs. When you find a report of interest, click on the title to view product information, their description, tables of contents, and research process and methodology you can also preview inside the report. You then select an appropriate user license from the right hand panel. By clicking on "ADD TO CART" button, you can add the desired publication in your shopping cart. You can view all selected publications in your shopping cart in the "Shopping Cart" section. Review your shopping cart and “PROCEED TO CHECKOUT” the button being found at the bottom of the page. By pressing this button your purchase items will be automatically added to your library. You will also see an on-screen acknowledgement that your order is complete. You will also be sent an e-mail acknowledging your transaction.
Eligibility to place an order.
To be eligible to place an order for material content on the Site, you must:
- be placing an order on behalf of your business and have the necessary authority to do so, by registering and by providing the name, address, phone number and contact details of your business in addition to your own name, e-mail address and other required information;
- Making a contract
Your order is an offer by you to buy from us.
The following steps have to take place before a contract is made online between you and APU:
- In respect of Reports, APU accepts your order, and therefore the contract is made between you and APU, when APU makes the material you have purchased available on the ‘My Library’ area that you can access by logging into the Site using the username and password that was set up during the subsription process.
- In respect of digital material, APU accepts your order, and therefore the contract is made between you and APU, when APU sends you the e-mail with the electronic PDF or a link to access the digital material.
- In respect of material content for any Access Program / Subscription Service, APU accepts your order and therefore the contract is made between you and APU, when APU makes the material content for any Access Programs / Subscription Services account(s) available for use by any Authorised Users.
In order to place an Order and use other Services offered by APU via the Website, it is required to subscribe on the Website.
Subscribed Customers will obtain the following:
- the right to place an Order and purchase the Report(s) via the Website;
- access to the information on new and upcoming entries;
- access to added value accelerators, software, business intelligence visualization tools and personalized services.
Subject to the Customer’s requirements, the Report can be “custom-tailored”.
If a Customer intends to order a custom-tailored Report, it is necessary to use a form located at the relevant Website area. Please indicate brief description of the required Report, banking details and payment method.
PRICES AND PAYMENT Methods | Fees, Taxes, Overdue Amounts, Collection Expenses
The client will make the payment as mentioned on the website. He/she is responsible for use, sales, and related taxes and customs.
Once made, the purchase decision cannot be undone. The client should get in touch with the company, in case of any doubt related to the transaction before deciding and clicking on the purchase button on the website.
The company does not accept return of products after delivery owing to the nature and format of the data. However, under certain circumstances, the management can offer refunds solely at its discretion.
Considering the confidentiality and value of the data it provides in reports, therefore, cannot grant refunds after the report has been dispatched. However, it will provide customization of the report, if it contains missing or incomplete data.
The prices for material content and services quoted on the Site do not include VAT, any equivalent sales tax or delivery. Any price quoted on the Site for an Access Program/Subscription Service is for 12 months access to that service from the date it is first made available to an Authorised User.
You will find the total cost of your order, with price, VAT (where applicable) and delivery itemised, in your ‘Shopping Cart’ before you submit your order. Orders for will be invoiced in AED.
For your best advantage you may pay by invoice for a Report (subject to credit terms), or an Access Program / Subscription Service, (chargeable monthly on a pro-rata basis) and effect payment by bank transfer. Upon subscription, you have provided us with an invoicing address and other contact details which APU will use to invoice you, and send any invoices to you by e-mail to the e-mail address you provided for invoicing purposes during the subscription process.
Payments by bank transfer (SWIFT)
Once your Order is placed, you will receive the invoice where relevant banking details and the list of ordered Report(s) are indicated.
Note: SWIFT transfers may take 2-3 days which you should take into consideration when you order the Report(s).
In the event that APU is unable to supply the material content you have ordered, APU will let you know as soon as possible. In such event, APU will give you a full refund if payment has already been taken.
If you have requested to pay for a Report of any Access Program / Subscription Service by invoice and we have not received your payment details/payment, APU will contact you to bring this to your attention and to ask you whether you wish to proceed with your order.
All fees should be paid as per the terms of payment mentioned in the applicable order (Fees). APU has the discretion to cancel access to the product in case the full payment has not been received by APU within the stipulated time.
All fees that you shall pay to APU are exclusive of all goods & services, sales, use or other taxes, customs, duties & similar levies. All the aforementioned payment payable in or to any jurisdiction or authority whatsoever shall be your sole responsibility. This payment will exclude taxes levied on the income of APU.
Overdue amounts shall bear interest calculated from the date when due until the date that payment is received by APU. You shall pay the interest at a rate of two percent (2%) per month compounded monthly (which is equivalent to 26.86% per annum) but shall not exceed the maximum amount permitted by law.
User is required to reimburse APU for the entire collection related expenses incurred by APU which shall include all attorney's & service fees arising out of collections of overdue fees & Taxes.
ACCESSING PURCHASED Material CONTENT AND Access Programs / Subscription Services
Accessing Purchased Material Content
Once you have submitted your order and your payment details have been confirmed, APU will send you an e-mail confirming your purchase and links to purchased material content will be available for 12 months from the date of that e-mail on the ‘My Purchases’ page within ‘My Pages’. Your material content will be available for you to use, in accordance with the usage restrictions set out below.
Accessing Access Programs / Subscription Services
The APU office assigned to the country in which your business is based, will be responsible for providing Authorised Users with online access to Access Programs / Subscription Services. Once your payment details have been confirmed, we will contact you to provide you with the relevant access details.
Apart from online view in captured PDF and HTML format, most of the reports are delivered in electronic form in “My Library” area of your dashboard.
Due to the nature of the information being sold, we unfortunately cannot accept returns of products once they have been delivered.
We do not offer refunds or accept returns, except in the case of returns of defective Reports or refunds in circumstances where we are unable to supply the material content you have ordered and for which we have taken payment.
No refunds will be considered in case of:
- non-use or partial use of any Product(s) or Service(s);
- refunds payment for months unused with an Annual Subscription;
- upgrade or downgrade refunds;
Please be sure to read all available information about a report before you place your order.
Provided that any download APU has provided to you is not defective, risk of loss of and damage to the material content you have purchased passes to you once your download is complete.
AVAILABILITY OF Access Programs / Subscription Services
APU makes every effort to make the Access Programs / Subscription Services available to you and Authorised Users at all times, and to restore access to these services as soon as possible in the event of interruption for routine maintenance.
If an Access Program / Subscription Service becomes unavailable for any reason APU will endeavour to supply the material content available under that service manually by e-mail. If the Access Program / Subscription Service remains unavailable for more than 24 hours and if the unavailability is not beyond APU’s control, access will be extended for a period of time equal to the period of disruption.
APU reserves the right to conduct essential maintenance, software upgrades and other works necessary to maintain the efficient provision of the Site and any material content or services provided through it. Where such works result in any Access Program / Subscription Service becoming temporarily unavailable, APU will provide you with at least 3 days notice.
Where access to the material content, and services is controlled by use of passwords, you and all Authorised Users shall use reasonable efforts to ensure that Authorised Users do not divulge their identification numbers, passwords or other login details to any third party. In the event of any unauthorised use of any Access Program / Subscription Service, APU may, at its discretion and without prejudice to any other remedy, suspend or terminate access by such method as it deems appropriate. In the case of suspension, this will continue until APU is satisfied that the unauthorised use will not recur.
Ownership | INTELLECTUAL PROPERTY | Copyright, Trademarks
Unless specifically stated in conjunction with particular Material, all Material is copyrighted by us. You have no rights in or to the Material and you may not use any Material other than as permitted under this Agreement.
"Intellectual Property Rights" are the sole property of APU which includes but is not limited to the following propriety rights: All copyrights, utility models, patents, service marks, trademarks, database rights, design rights, proprietary information rights.
All trade names, trademarks, service marks and other product and service names and logos, in this Site, or in the material content, are owned by APU or by their respective holders. No permission is given in respect of the use of any of these brands or trademarks, and any such use may constitute an infringement of the holder’s rights.
You should acknowledge that you shall not obtain any Intellectual Property Rights relation to Product(s) or Service(s) or its (their) usage except for the license granted by APU to use the Product(s) or Service(s) as mentioned henceforth.
In relation to third party claims you are liable to indemnify APU as a result any transgression of any Intellectual Property Rights mentioned under the License terms. You acknowledge that APU (or its licensors) have the right to initiate any proceedings caused due to any such infringement, or any sort of claim relating thereto. Also, you shall to comply with any such proceedings acknowledging that any recovery in pursuant to such proceedings shall accrue solely for the benefit of APU.
You acknowledge that all copyright, database rights, trademarks and all other intellectual property rights in the Site and the material content made available via the Site, will at all times remain vested in APU or its licensors, which reserve all such rights and proprietary trademarks, and are protected by applicable trademark and copyright laws.
You shall at the request and expense of APU do all such things as may be reasonably required to assist APU in taking or resisting any legal proceedings in relation to any infringement of any such rights.
For information on how you are permitted to use the material content made available on the Site, please see the permitted uses and restrictions of use set out above in these Terms.
The information the User provides in registration remains strictly confidential to all third parties other than User partner(s) in specific deals. The same applies to the User information obtained during editing contact details. APU will not release this information to any other parties, unless required by relevant laws.
The parties to any contract made under these Terms acknowledge that they or their employees may not acquire non-public information which is proprietary to or confidential to either party, and the parties agree not to disclose to third parties or to use such Confidential Information for any purpose whatsoever other than the provision of material content and services to you and Authorised Users as contemplated by these Terms.
APU agrees that it will not, without your prior written consent, represent, directly or indirectly, that any product or any services provided by APU has been approved or endorsed by you.
The User shall not disclose its password to any third parties. If the password information becomes available to any third party(ies), the User shall immediately change the password. Otherwise, the Company is not liable for the Services rendered to the User.
The User shall not disclose to any third parties information on other Users which the User has collected from or via the Website.
WARRANTIES AND INDEMNITIES
Each Party herein is solely responsible for the compliance with the obligations hereunder, as well as with terms and conditions publicly declared and/or agreed directly with its partner(s).
- that it has permission from the original rights owners to allow you to use the material content available via the Site.
- to operate the Site and use reasonable endeavours to correct any faults of which it is aware.
- that the material content accessible via the Access Programs / Subscription Services, and the tools, accelerators and other features made available, will conform to their respective descriptions as set out in the descriptions provided for on the Site. This warranty is given subject to the qualification that changes may be made to the material content and services on the Site from time to time.
You agree to indemnify, defend and hold harmless APU, its directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss APU may incur -including reasonable legal fees- as a result of any actions you or Authorised Users take which disrupt the functioning of the Site and/or any breach by you or by any Authorised User of the permissions granted to you under these Terms.
APU shall indemnify and hold you and Authorised Users harmless from and against any damages, awards or penalties, including proper and reasonable legal fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the use by you or any Authorised User of the material content and services we provide to you in accordance with these Terms.
The indemnity contained within shall be subject to the following provisions:
- It will not apply to any claim which relates to any modification, abstraction or other change made by an Authorised User to any material content we make available to you or them by any means.
- You shall immediately notify APU on receipt of any allegation of infringement and shall make no admission or take any action without APU’s written authority, since APU has the sole right to deal with any such claim and defend in respect of such claims at its own expense.
DEFECTIVE MATERIAL CONTENT
If a Report is defective or corrupted you will be entitled to a replacement. This constitutes APU’s sole liability to you for any defective material content you have purchased or accessed through an Access Program / Subscription Service.
THIRD PARTY SOFTWARE
You acknowledge that you might need to download and activate certain third party software in order to download, view and use any of the digital material content provided on the Site, and that in order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that APU has no responsibility or control over such third party software or their licence terms.
YOUR/AUTHORIZED USERS USE OF THE SITE
You may not use the Site for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You agree to use your best endeavours to ensure that Authorised Users access and use the material content and services that APU provides only in accordance with the permitted uses set out in these Terms, and take all reasonable steps within your power to ensure that no person, firm or company other than an Authorised User accesses or uses any Access Program / Subscription Service.
The Site may include links to third party websites such as useful research websites and partners. APU has not reviewed these third party websites and does not control and is not responsible for these websites or their material content or availability. APU therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
You may link from your own website to the Site, provided that the Site is not loaded into frames on your website and is not otherwise passed off as your own material content, and that your website does not misrepresent its relationship with APU.
APU reserves the right to withdraw linking permission at any time without prior notice.
EXCLUSIONS & LIMITATIONS OF LIABILITY
Liabilities of the Parties
In the event of any breach or violation of the terms and conditions of this Agreement, the Parties agree to comply with the legislature used in the countries of their location (registration).
The Users are liable for authenticity and validity of the data submitted to APU in conformity with the legislature applicable in the countries of their location (registration)
Reliance on Information of Products
The material content available is for informational purposes only.
We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or by anyone who may be informed of any of its material contents.
The Site is intended for information purposes only and as such no information provided on or via the Site constitutes advice or recommendations. You should not rely on any information provided on or via the Site to make any decision. If you do so, APU is not liable for any loss or damage that may result.
APU, its affiliates, & any officer, director, employee, subcontractor, agent, successor, or assign of APU or its affiliates is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages. The aforementioned damages may include but is not limited to intangible losses (even when implied in advance) other such damages for loss of profits, goodwill or data.
The above losses may arise in relation to:
- the use or the inability to use any Product(s) or Service(s);
- the cost of procurement of a substitute goods & services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into by the user concerned with the usage of Product(s) or Service(s);
- any unauthorized access to or alteration of any Product(s) or Service(s);
- any price change, of any Product(s) or Service(s) or any other matter relating to any Product(s) or Service(s);
Although the Site is provided in good faith and APU tries to ensure that the information on the Site is accurate and complete, APU cannot and does not guarantee the accuracy, integrity, quality or completeness of the material content available via the Site or its usefulness for any particular purpose. APU does not accept any liability which may arise as a result of any errors or incomplete information in such material content.
APU shall not be held liable for the quality or topicality of the Reports purchased by Users via the Website. APU makes no commitment to update the information contained on the Website.
APU is responsible for the interaction of Users only when APU is directly involved in the actual transaction between Users.
APU is not liable for the accuracy and legality of the information made available by Users and posted online or otherwise distributed through the Website.
APU is not liable for the payment by Users of any taxes levied when they purchase Reports or order Additional Services.
APU cannot and does not guarantee against the following, provided that such circumstances are outside of APU’s control: the Website operation breaks, Services provision delays, loss of information, data, or pictures residing on its computers, resulting from hardware and software breakdowns, and/or human error.
We do not warrant the accuracy, completeness, correctness or other characteristics of any material content made available, and we will not be liable for any loss or injury resulting directly or indirectly from our service, whether or not caused in whole or in part by our negligence or by contingencies within or beyond our control. Neither we, nor suppliers of Third-Party Content, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access our Service or the material content.
APU does not have any knowledge of, nor control over, the particular purpose(s) for which the material content and services available on the Site is used. Accordingly, APU excludes any and all liability for any loss of any nature suffered by you, or by any of your clients or customers, as a direct or indirect result of your/their use of any of the material content or services available on the Site or New Materials you or Authorised Users create or of making any business decision, or refraining from making any such decision, based wholly or partly on any data, expression of opinion, statement or other information or data contained in the material content or accessible through the services available on the Site.
If APU fails or is unable to comply with its obligations as regards accessibility and performance as set out in these Terms, and APU is unable to remedy the problem within a reasonable period, your sole remedy for any breach of warranty shall be to an extension of the term of subscription of the relevant Access Program / Subscription Service.
Except for the stated express warranties, the material content and services available on the Site are provided on an "as is" basis, and excludes any and all other warranties, conditions, or representations relating to the material content and services, whether express, implied, oral or written, and including any which may be contained in any specification, description of quality, performance, merchantability, provided to you by APU, via the Site or otherwise. APU does not make any promises about the availability of the Site or promise that your access to the Site or our material content and services will be delivered uninterrupted, timely or error-free, and disclaims any liability in connection with any technical problems you may experience with the Site which may result in service disruptions. APU makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, bugs, Trojan horses, bots, or any other form of programming routines designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any material content, software you use to download the material content, the Site or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such viruses or other such harmful programming routines. Any material content downloaded or otherwise obtained through the use of the Site is done at your own 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 content.
To the fullest extent allowed by law, APU will not be liable for any loss of data; use; reputation; goodwill or opportunity; any loss of or failure to realise expected profit, revenue or savings or any other form of direct or indirect economic loss, or any incidental, punitive, consequential damages or losses that you may suffer, whether relating to your downloading, purchase or use, or inability to use, the Site or any material content or services APU provides.
Other than as set out above, APU’s maximum aggregate liability to you for all claims whether arising in contract, will be limited to: (i) in the case of any defective material content and the replacement of such material content; or (ii) in any other case, the retail price of the material content or service for which you have paid.
You may not assign, sub-license or transfer all or parts of your rights or obligations under these Terms without prior written consent from APU.
The usage of the Product(s) or Service(s) must be in compliance with the terms laid down under the License terms. In relation to the usage of the Product(s) or Service(s) you are prohibited to copy, alter, adapt, publicize, disclose, or in any way part with possession of any information of APU which you possess as a result of these License Terms.
This compliance shall exclude information which:
- You can prove was owned by you at the same date it was received or obtained;
- You have obtained from a third party having a sound legal standing;
Compliance & Change of Scope
APU shall exercise the right to ensure the users’ compliance with the aforementioned License Terms, using any method available. In case any non-compliance on your part is detected in relation to any Product(s) or Service(s) purchased, APU may, in its sole discretion, without causing any effect to any other rights of APU under these License Terms may initiate the following:
- modify the scope of or upgrade the relevant license to bring it into compliance with the actual usage of the Product(s) or Service(s);
- invoice you with such additional fees that have arisen due to change of the scope of the license. Further, APU has the right to initiate any other step that deeps necessary to rectify such non-compliance.
GENERAL Changes to these Terms and the Site
APU may change these Terms at any time by sending you an e-mail with the modified Terms or by posting a copy of them on the Site. Any changes will take effect three (3) days after the date of the e-mail or the date on which APU posts the modified Terms on the Site, whichever is the earlier. Your continued use of the Site after that period expires means that you agree to be bound by the modified Terms.
To ensure that you are aware of the most up to date version of these Terms, you will be asked to read and accept these Terms each time you place an order.
APU reserves the right:
- to make changes at any time to all or any parts of the Site and the details displayed on it, including material content and prices;
- to make changes from time to time to all or any parts of any Access Programs / Subscription Services, including any material content accessible through such service, provided that the functionality and performance of any Access Program / Subscription Service, and the overall material content made available, shall not be substantially and adversely affected from your perspective by any such changes. These changes may take the form of the addition, removal, correction or editing of material content or the migration to a different format. Furthermore, these changes may be made for legal, editorial or other reasons, such as to introduce additional technical protection measures to control access to any or all Access Programs / Subscription Services, and/or use of any material content on the Site in accordance with these Terms provided that no such measure shall adversely affect your rights or those of Authorised Users under these Terms.
Occasionally APU may be unable to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to the Acts of God, system failure, fire, flood, earthquake and other natural physical disasters, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, APU’s inability or delay in performing its obligations will not be deemed to be in breach of contract.
Neither Party shall be liable for any failure or delay in performance under this Agreement if such failure or delay is caused by conditions beyond its control.
The Party affected by force majeure circumstances shall give the other Party(ies) a prompt written notice of the character, nature and expected duration of these circumstances, as well as indicate which obligations are affected and provide a sufficient confirmation of force majeure circumstances. If the duly notification is failed, non-liability due to force majeure circumstances could not be claimed.
In the event of the force majeure circumstances which prevent any Party from the execution of its duties as per this Agreement, dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time that such circumstances are effective. If force majeure circumstances are effective for the period of more than two months, the Parties, at the suggestion of a Party, shall agree further ways of this Agreement execution and/or termination.
Each party acknowledges that in accepting these Terms it has not relied and is not relying on any representations or warranties -whether implied or otherwise- other than those -set out in these Terms, and the parties irrevocably and unconditionally waive any right they may have to any remedy in respect of any other such representation or warranty except in the case of fraud.
CANCELLATION AND TERMINATION
Term & Termination
The aforementioned license terms shall be deemed to be effective as of the date of acceptance of APU of an Order from You (the “Effective Date”) & shall remain in force until the user terminates the association in accordance with the terms of License agreement. APU may, in its sole discretion, terminate any license granted to you hereunder without notice in the event of non-compliance by you with these License Terms, including, but not limited to the non-payment of any amounts due and payable to APU.
Online offers arising from this Agreement are effective without limits and continue until the moment of their termination.
If the provision of the Report is delayed, the Company shall duly inform the Customer. Further, the Parties agree new term for the Report provision or decide to cancel the Order.
Annual Subscription which users makes shall commence on the Effective Date applicable to it & will be effective for a twelve (12) months duration (the “Initial Term”). Thereafter, each Annual Subscription shall renew for successive twelve (12) month periods (each, a “Renewal Term”). Either party may cancel the relevant Annual Subscription with prior three (3) months’ notice communicated in writing to the other party.
APU may decline your order for any reason, in which case APU will send you an e-mail telling you so.
Although APU tries very hard to ensure that all information on the Site is accurate, occasionally errors may occur. If we discover an error in the description of any material content or service that you have ordered, we will let you know and ask whether you wish to instruct us to continue with your order or cancel it.
The User may unilaterally terminate the performance of this Agreement by informing the Website Administration by email. In the event of this, the User automatically loses the right to use the Services provided by the Website.
APU, in its sole discretion, reserves the right to terminate this Agreement, any particular service offered at any time, for any reason including but not limited to: breach of the above terms, failure to follow the Website Administration direction, failure to complete transactions, abuse of any methods, tools, or services provided, or use of disruptive behaviour.
In the event APU becomes aware of the serious breach by the User of the terms and conditions of this Agreement, APU, in its sole discretion, may impose sanctions against such User: warning, warning and Website access limitation, Website access termination. Such User is informed about the sanctions by e-mail.
If you opt to pay for any Access Programs / Subscription Services by invoice, APU reserves the right to cancel any order(s) for the same if for any reason your payment is not processed within 7 days of the date of your order.
APU reserves the right to terminate any contract with you if your payment is not processed for any reason, but you have nevertheless received the material content or access to services you have ordered. In such an event, APU may on notice to you withdraw your right to use such material content or services (as described above) and require you to delete or return such material content, including material content obtained through any services provided, as appropriate.
APU or you may terminate a contract for an Access Program / Subscription Service immediately by giving written notice to the other in any of the following events:
If the other party commits any breach of any of these Terms and fails to remedy that breach within 30 days after notice from the other party giving full particulars of breach and requiring it to be remedied.
Upon termination of a contract for Access Programs / Subscription Services, online access to those services by you or any Authorised Users shall be terminated.
Termination shall not affect any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the terminations
These Terms govern APU’s relationship with you and represent APU’s entire agreement with you and Authorised Users in connection with your use of the Site and the material content made available via the Site.
The entire agreement entered in by the parties relating to the licensing of the Product(s) or Service(s) consist of these License Terms, along with any terms & conditions set forth in an Order. This makes null & void all previous agreements & understandings, whether oral or written, relating to such licensing. In the event of any dispute between these terms & conditions & any other Order, these License Terms shall prevail as final document. Any modifications, amendments or supplements to these License Terms shall be only effective unless each party signs it. Approvals or consents hereunder by any party have to be in writing.
User shall not ask for any waiver or modification of any term or condition mentioned under the License Terms in case of failure of APU at any time to enforce any of the other aforementioned terms.
If you breach these Terms and APU chooses to ignore your breach, APU will still be entitled to use the rights and remedies available to it at a later date or in any other situation where you breach the Terms again. A waiver of any provision(s) of these Terms by APU shall not be deemed a waiver of any other provision(s) of these Terms.
If any of these provisions is deemed invalid, illegal, void, unenforceable or in conflict of the applicable law of any jurisdiction, that provision will be deemed severable from the rest and will not affect the validity, legality and enforceability of any remaining provisions.
In case, any provision of these License Terms, or an Order, is held to be invalid or unenforceable by any court of law or administrative body of competent jurisdiction, the invalidity or unenforceability of such provision shall not in any way affect the other provisions of these License Terms, & all provisions not so affected by such invalidity or unenforceability shall remain in effect. Further, all the parties present in the agreement should be ready to substitute for any invalid or unenforceable provision with a valid or enforceable provision to the maximum extent the economic objectives of the unenforceable provision is expected to be achieved.
Exclusion of third party rights
These Terms do not create any right enforceable by any person who is not a party to them.
In the event of any dispute or controversy arising out of or in connection these Terms, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under these Terms, which are not affected by the dispute.
If a dispute arises out of or in connection with this contract, and either or both you and/or APU fail to agree terms of settlement within 30 days of the dispute arising, you and APU will resolve the dispute by binding arbitration before a single arbitrator in accordance with the then current arbitration rules. The arbitration shall take place in United Arab Emirates. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms.
Nothing in this clause shall prevent either you or APU from applying to the Court of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
You should acknowledge that non-compliance of these License Terms may cause APU irreparable damage for which recovery of money damages may be inadequate. In that case, you shall agree that APU shall be entitled, in addition to any other appropriate remedies available to it, to seek (in any court of competent jurisdiction) injunctive relief and/or other equitable relief to prevent or restrain any breach by you or otherwise to protect its rights, without being required to post a bond or other security.
These License Terms shall be governed by the laws of the Republic of India with regard to any principles of conflicts of law. Any disputes arising in connection with these License Terms (including non-contractual disputes) arising out of or in connection with the contract, shall be subject to the exclusive jurisdiction of the appropriate courts in accordance with the laws of United Arab Emirates.
Any notice, invoice or other document sent from one party to the other shall be duly given if sent to an authorized representative of the other party or individual by following modes of delivery:
This compliance shall exclude information which:
- registered mail or courier delivery to the recipient party’s principal place of business;
- email (with return receipt requested);
All notices required or permitted under these Terms will, when provided by APU, be given in writing to the address and/or e-mail address provided by you at registration or, when being provided by you, be given in writing to our postal address below using an internationally recognised express courier service.