Conditions of Use
Use of this website signifies your full agreement to the Conditions of Use. Please read these terms carefully before you use the website. This website is owned and operated by MarketIntello Vietnam, trading as MarketIntello and the contents of the site, including all intellectual property, trademarks, logos, design and text, are the exclusive property of MarketIntello are protected, throughout the world, without limitation, pursuant to copyright and trademark laws. No materials from marketintello.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part, without the prior written permission and consent of MarketIntello. Use of the materials contained on this website, or any other publication or service owned by MarketIntello, on any other website, is strictly prohibited.
MarketIntello Vietnam makes no representations or warranties, and accepts no liability of any kind for any loss or damages resulting from the use of this site or any materials contained on it, which are provided 'as is' and 'as available'. MarketIntello makes no representations or warranties that the materials on this site are error-free, or that they are fit for any particular purpose or requirements. Nor does it warrant the mechanical operation of businessmonitor.com or any of its contents. No statement on this website is to be construed as a recommendation to buy or sell assets, or to provide investment advice. The Client has purchased a non-transferable, non-exclusive, license to access specific MarketIntello Online Services, which will be subject to the following terms and conditions. The 'content' within the database is also referred to in this agreement as 'material', 'intellectual property' 'report' and 'data'. Once your organization, or a person within it, has had access to any Content subject to these conditions, you are agreeing that your organization is deemed to be aware of, and consents to, this Agreement.
License Agreement for the Supply of MarketIntello Online Information Services
1. AVAILABILITY OF SERVICES
MarketIntello Vietnam will use reasonable endeavors to ensure that the Services will be made available to the Client 24 hours per day. However MarketIntello reserves the right, a) to vary the Normal Service Availability in any way provided it gives the Client 48 hours notice of its intention to do so. b) to suspend the Services temporarily in the event of technical difficulties or other circumstances beyond the reasonable control of MarketIntello. In the event of any such variation or suspension of Services MarketIntello will use all reasonable endeavors to resume Normal Service Availability as soon as practicable but shall not be liable for any loss, damage or claim caused by such variation or suspension.
2. AUTHORISED USE OF SERVICES
Access to the Services is restricted to the specific named users as identified to MarketIntello Vietnam. The client will notify MarketIntello as soon as a user has left the company, or no longer requires access, so that a replacement user can be assigned access during the term of the agreement. The Client also warrants that: it shall ensure that any user name, Password or other identification measure employed to access the Services is not disclosed to any person other than the persons authorized to access the same; and all authorized persons will use the Services only in accordance with this Agreement; and its information technology systems and paper record systems are secure and not capable of penetration (including by 'hacking' or physically) by unauthorized persons and that all data derived from the Services shall be kept secure; and it shall comply with all applicable laws and regulations relating to the activities contemplated under this Agreement.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The Client acknowledges that:
- all Intellectual Property Rights (IPR) (including all patents, copyrights, rights in software, design rights, trademarks, service marks, trade secrets, know-how, database rights, domain names, and all other intellectual or industrial property rights (whether registered or unregistered)) and all applications for the same, anywhere in the world) in the Services, the information contained therein, in all documentation, training materials and related matter, and in all parts thereof, are owned by MarketIntello;
- that it does not have any IPR nor any other proprietary interests in the Services, or in any data or material contained in it; and
- except as expressly permitted in this Agreement, nothing herein shall be taken as conferring by implication, estoppels or otherwise any license or right to use any IPR in the Services without the prior written approval of MarketIntello or third parties who may own such IPR.
The Client undertakes that it will not copy, reproduce, extract or transmit in any form or otherwise deal with in any way, the whole or part of the data, materials or information contained in the Services except as provided in sub-clauses below.
Unless otherwise agreed in writing in advance by MarketIntello, the material (in whole or in part) may not be sold, nor passed on, communicated, or disseminated in any form, nor access granted to any third party (including but not limited to clients/potential clients/suppliers/agents/partners in other ventures/accountants/solicitors/bankers/ brokers/licensees). Nor to any subsidiary, associated or holding company (whether direct or indirect) of the Client, whether trading or non-trading, or to any entity trading under the same umbrella trading name where the direct equity interest is different in any way to that of the client.
The Client may only use the Services in the course of its own normal day-to-day business. Client may not pass materials to clients and prospects unless done so as part of a presentation or similar, where MarketIntello is referenced as owner of all copyrights and intellectual property, and that passing material to third parties is carried out on an ad-hoc non-systematic basis.
Where the Client effectively copies, or has effectively copied, the intellectual property onto a hard disk, file server or equivalent at its own premises for ease of use, reference or any other reason, it is hereby agreeing to limit access to the nominated users unless otherwise agreed in writing, and upon payment of additional fees to MarketIntello.
Client may distribute copies in paper and/or electronic form of material so long as all copies made are distributed within the immediate organization of the Client and the Client acknowledges that any distribution to any third party outside of its organization (including without limitation any subsidiary, associated or holding company of the Client) then it will indemnify Client against any claim arising from the unauthorized distribution and be liable for a sum equivalent to the loss in sales revenue (at the prevailing copy price per whole report or the rate card price for an annual subscription to the relevant database as published from time to time by MarketIntello) caused by any unauthorized distribution of any part(s) of any report(s).
The Client, (or any subsequent user, whether licensed or unlicensed), will not place financial reliance upon any figure, statement or inference contained within any MARKETINTELLO's report or intellectual property, or invite investment from others, without first obtaining the written consent of MarketIntello's company secretary so to do. In the event that the Client (or any subsequent user, whether licensed or unlicensed) does not follow this procedure, it (or any subsequent user, whether licensed or unlicensed) agrees to fully and effectually indemnify MarketIntello against any claims, howsoever arising.
The Client can make payment via Bank Transfer. The prices indicated on MarkerIntello website include all taxes including VAT. It is the Client’s responsibility to ensure that all payment details provided are correct and complete. We are not responsible for supplying Services if the details submitted are incorrect or incomplete. No payment will be deemed to have been made until we have cleared funds and we may choose not provide Services until we receive payment in full. If we are unable to accept your request for Services for any reason then we will, at our option, not to refund any money paid by you in respect of that request.
5. LIMITATION ON LIABILITY
MarketIntello will use all reasonable efforts to ensure that the Services and any software relating thereto provided by MarketIntello will perform in accordance with any MarketIntello user guide that is available. In the event of an established failure of the Services, MarketIntello's obligation shall be limited to using its reasonable efforts to remedy any deficiencies in the relevant Services, or at its option, to cancelling, crediting or refunding all charges due from the Client in respect of any period for which the Services have failed to perform correctly. The obligation to correct defects or cancel, credit or refund a proportionate part of the charges described above shall constitute the full extent of MarketIntello's liability in respect of any loss or damage sustained by the Client whether caused by breach of this Agreement, misrepresentation, negligence of MarketIntello (or its employees or agents) or from any other cause, and in particular, MarketIntello shall not be liable for any consequential, economic or other direct or indirect loss (including but not limited to any damages payable to a third party, loss of profits or wasted resources) suffered by the Client, provided that if for any reason this provision is invalid or unenforceable, the maximum aggregate liability of MarketIntello shall not exceed the total annual charges payable by the Client for the Services. The foregoing exclusions and limitations of liability shall not apply in the case of death or personal injury.
The Client undertakes to keep confidential and not to disclose to any third party or to use itself, any confidential or secret information in any form directly or indirectly belonging or relating to MarketIntello, its or their business affairs, disclosed by MarketIntello or received by the Client pursuant to or in the course of this Agreement ('Confidential Information').
The Client undertakes to disclose Confidential Information of MarketIntello only to those of its officers, employees, agents and contractors to whom and to the extent to which disclosure is necessary for the purposes contemplated under this Agreement.
The above obligations of confidentiality and non-use shall not apply to information or material:
(a) which is named by the Client prior to receipt from MarketIntello as evidence by documents in the possession of the Client at the time of disclosure;
(b) which, after receipt from MarketIntello, is disclosed to the Client by a third party having the legal right to do so;
(c) which is available to the public at the time of receipt of MarketItello; or
(d) which becomes available to the public after receipt from MarketIntello through no fault of the Client.
7. FORCE MAJEURE
No party shall be liable to the other for the delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including without limitation, any of the following: act of God, government act, war, fire, flood, explosion or civil commotion.
No forbearance or delay by MarketIntello in enforcing its rights will prejudice or restrict the rights of MarketIntello, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
9. ENTIRE AGREEMENT
This agreement constitutes the whole agreement between MarketIntello and the Client relating to MarketIntello services and supersedes and replaces any prior agreements and arrangements of whatever natures relating thereto. For the avoidance of doubt, MarketIntello is hereby giving notice that subscriptions provided previously under different contractual arrangements will continue under those earlier terms until the earliest termination date provided, whereupon the terms and conditions of this agreement will prevail for any continuation of Service thereafter.
If any party of this Agreement shall be held unenforceable the rest of the Agreement shall nevertheless remain in full force and effect.
11. LAW GOVERNING THE TERMS