FMCG Gurus is a trading name of M&R Insights Limited, registered in England No. 9730354. These terms and conditions and the Order Form comprise the agreement pursuant to which Company provides the Product (defined below) to you (“Agreement”). “We”, “us” or “our” or “FMCG Gurus” refers to Company. “You” or “your” refers to the person who (or on whose behalf) an Order is placed and includes your legal successors and permitted assigns.
These terms and conditions and the Order Form comprise the agreement pursuant to which Company provides the Product (defined below) to you (“Agreement”).
- Order Forms shall only be binding when accepted by us. You shall not cancel or amend an Order Form unless we have given our prior written consent. We shall assume that any person who places an Order Form on your behalf can bind you legally.
- Distribution or Sharing Data: You may use FMCG Gurus tables, analysis and content in the normal course of business. Extracting, sharing, uploading or demonstrating FMCG Gurus content is strictly prohibited without reference or citation of data to FMCG Gurus. This must be clear and unambiguous to all parties.
- Ownership: The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (“Intellectual Property Rights”) relating to the Product belong to us, the holding company, or our licensors, as the case may be, at all times. You obtain no ownership rights in the Product or any of the Intellectual Property Rights pursuant to or arising out of this Agreement.
- Invoicing and Settlement: We will invoice you, plus VAT if applicable, for fees payable by you to us under this Agreement (“Fees”) upon our acceptance of an Order Form. Unless indicated otherwise on the Order Form you will pay all invoices immediately upon receipt of that invoice. Should your account fall overdue then interest will be charged at a rate of 3% per annum. This will be calculated on a daily basis from the due date to the actual payment date. In addition, we may in our absolute discretion a) modify the payment terms to require full payment in advance; and b) suspend your license to use the Product; and / or c) require you to provide such other assurances as we may require to secure your payment obligations.
- Limitation of liability: Neither party shall be liable under this agreement to the other party for indirect, special, exemplary, punitive or consequential damages including without limitation loss of goodwill, whether arising from negligence, breach of contract or otherwise. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall in respect of any one or more incidents not exceed the total Fees received by us from you for the Product in the 12 months prior to the date the incident occurs. This clause shall survive termination of the Agreement.
- Notices: Any notice, invoice or other document shall be duly given if sent by post or facsimile to the other party’s Company Secretary at its registered office or such other address as agreed. Notwithstanding the foregoing, notices in respect of termination or breach shall be sent by recorded delivery to the company Secretary.
- Force Majeure: We shall not be liable for any delay or failure to perform any obligation under this Agreement insofar as the performance of such obligation is prevented by an event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of sources from which data is obtained.