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Terms of Use for Acuigen websites and services

Last updated 12 October 2017

  1. Acceptance of Terms
    1. These terms govern your use of the websites (www.acuigen.com and/or www.customserve.com) and the CustomServe Insight Platform (CustomServe), collectively described as the services. By using the services, you agree to be bound by these terms. Acuigen reserves the right to change these terms without notice. The new terms will be published on the Acuigen website and your continued use of the services will be considered acceptance of them.
    2. Your relationship under these terms is with Acuigen Limited, with company number 02822726, whose registered office is at Cranfield Innovation Centre, Cranfield Technology Park, University Way, Cranfield, Bedfordshire, MK43 0BT, UK ("Acuigen")
    3. Your use of CustomServe may also be subject to the terms of a separate contract between you, Acuigen and/or a client of Acuigen. In the event that there is a conflict between these terms and the separate additional terms, the additional terms will control.

  2. Copyright & Ownership
    1. Acuigen remains the owner of all intellectual property rights in the services, and reserves all rights granted under these terms.
    2. The services are provided as a tool to enable Acuigen to perform contracts with its clients. If you use the services to input data, the data will either be the property of Acuigen or its clients.
    3. You acknowledge that CustomServe and the data stored in it may be highly confidential and agree not to disclose CustomServe and such data to a third party without Acuigen's prior written permission.
    4. You must not copy or download data using the services without Acuigen's prior written permission and permission from your employer or client if your employer or client has a contract with Acuigen.

  3. Your access to CustomServe
    1. If you are granted access to CustomServe using a personal login (username and password), the following terms are applicable to you.
      1. Your access to the services is personal to you as the user.
      2. You must keep your user name, account and password confidential and must not share them with any other person.
      3. Acuigen may suspend or discontinue the services at any time, and Acuigen does not guarantee that the services will be available for your use.
      4. You must not misuse the services provided by Acuigen. For example, you must not:
        1. copy, modify or resell the services or content to which you have access;
        2. allow others to use the services or content using your account information;
        3. share content or engage in behaviour which infringes anyone's intellectual property rights;
        4. upload or share content which is unlawful, harmful, threatening, abusive, or defamatory;
        5. attempt to disable, impair or destroy the services.
      5. Acuigen may control your access rights and the facilities that you are able to use and the customer records and data that you are able to view.
    2. You acknowledge that data stored in CustomServe may be personal data and you agree to comply with relevant data protection and privacy laws. In particular, any personal data must be handled only in accordance with the terms on which data subjects disclosed that data for the purpose of market research and/or client feedback and surveys.
    3. Data uploaded to CustomServe may be edited, modified, quarantined, delayed or published by Acuigen to an Acuigen client, or not published at the discretion of Acuigen or of an Acuigen client.
    4. Data uploaded to CustomServe may be destroyed or removed after a period of time without notice in accordance with an agreement with Acuigen’s client, or may be retained in encrypted backup files until backup media is overwritten or destroyed in accordance with Acuigen backup’s and business continuity policies.
    5. The views or opinions expressed by a third party interviewer/contributor to CustomServe (who may be acting in a third party capacity to Acuigen on an instruction from an Acuigen client) and published in CustomServe, are not necessarily those opinions of Acuigen.

  4. Privacy
  5. You acknowledge and agree to be bound by the terms of our Privacy Policy found on the services.

  6. Disclaimer and Limitation of Liability
    1. THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND ACUIGEN DOES NOT, BY ANY MEANS OF THESE SERVICES, RENDER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY WHOLLY UPON THE SERVICES OR ANY INFORMATION CONTAINED IN THEM IN RELATION TO MAKING ANY BUSINESS DECISIONS.
    2. THE INFORMATION CONTAINED ON THE SERVICES IS PROVIDED ON AN AS IS BASIS WITH NO WARRANTY EXPRESSED OR IMPLIED RELATING TO THE ACCURACY, FITNESS FOR PURPOSE, COMPATIBILITY OR SECURITY OF ANY ELEMENTS OF THE SERVICES.
    3. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY. ACUIGEN WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, DATA OR ANTICIPATED SAVINGS IN RELATION TO YOUR USE OF THE SERVICES.
    4. CERTAIN LINKS FROM THE SERVICES MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM ACUIGEN HAVE NO CONTROL AND MAKE NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND ANY LINKS OR CONTENT TO SUCH.
    5. THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

  7. Governing Law
    1. These terms shall be governed by, and construed in accordance with the law of England and Wales. By using the services you agree that the courts of England and Wales shall, subject to the 6(b), have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms of use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of England and Wales.
    2. Acuigen shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms of use are entered into, in the court of your trade or profession, the country of your principle place of business.