HitRateTrend.

These terms and conditions form the contract between you and Hitrate Trend Limited (“us”, “we”, “our”) when you use our Website, or buy our Products and our Services.

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Hitrate Trend Limited is a company registered in England and Wales. Our company registration number is 11781350. Our address is New Bridge Street House, 30-34 New Bridge Street, London, United Kingdom EC4V 6BJ.

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1.Definitions

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In this document:

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"Content" means information in any form published on our Website or in any Product. It includes photographs, text, images of and references to Products and designs, and other creative works.

“Copy or Publish” with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping, incorporating or any other change or use as part of some other created work.

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“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including designs together with all rights which are derived from those rights.

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“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.

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“Licensed Product” means any Product offered for licence by us, whether or not bought by you.

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“Product” means any item that we supply, including reports, whether or not for sale.

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“Services” means all of the services we provide, whether or not available to purchase from our website, and whether free or charged.

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“Website” means this website and all of the hardware and software that enables it to function.

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“Work” means the work we do to provide the Services you have ordered.

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2.Interpretation
 

1. Unless the context clearly requires otherwise:
    

   1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa;
       

   2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
       

   3. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person;
       

   4. in the context of permission, “may not” in connection with an action of yours, means “must not”;
       

   5. any obligation of any person arising from this agreement may be performed by any other person;
       

   6. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing; and
       

   7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
       

2. These terms and conditions apply to all supplies of Products and Services by us. They prevail over any terms proposed by you.
    

3. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
    

3.Entire agreement
 

1. This agreement contains the entire agreement between us and supersedes all previous agreements and understandings between the parties.
    

2. In entering into this contract you have not relied on any representation or information from any source except that which is provided on our Website.
    

3. If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
    

4. Conditions, warranties or other terms implied by statute or common law in any country are excluded from this agreement to the extent permitted by law.
    

4.Basis of contract
 

1. Our Products must be used only to inform your research and development and product design purposes.
    

2. You acknowledge that you are satisfied that the Product or Service you have selected is suitable and satisfactory for your requirements.
    

3. The price payable for our Products and Services are clearly set out on Our Website.
    

4. When you click to buy a Product or Service from us, you make an offer to buy. Our acceptance of your offer is made only when the first of any of the following events occurs:
    

   1. we send a Product to you;
       

   2. we authorise you to download a Product; or
       

   3. we have started providing a Service to you.
       

5. Every Product or Service you buy that is separately identifiable is the subject of a separate contract. Accordingly, performance or breach of one contract does not affect any other.
    

6. Our contract concludes when the first of any of the following events occurs:
    

   1. your receipt of a Product;
       

   2. our sending of a Product by email and not receiving notification from our service provider of non delivery; or
       

   3. our completion of any Work for which you have paid us.
       

7. The price of any Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy.
    

8. Products will be delivered by your free download, by e-mail or by both of these, at our choice.

5.Payment
 

1. Payment may be made by credit card through our Website or by transfer to our bank account.
    

2. If we do not receive payment for a Service within the period required, we shall not continue to provide it until payment has been received.
    

3. We take care to make our Website safe for you to use. Payments not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
    

4. We accept no responsibility for problems you may have in making payment through the website of a payment service provider.
    

5. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at £100 per hour in dealing with your breach. You also agree that this provision is reasonable.
    

6.Your Licence to use a Product
 

1. When you “buy” a Product from us, you buy a licence to use the Product for the purposes of your own business.
    

2. We represent, warrant and guarantee that we have the full right, power and authority to licence and distribute our Products.
    

3. All ownership rights and intellectual property rights in the Content of the Product shall remain the sole property of us and/or the owner of the Content. We will strongly protect our rights in all countries.
    

4. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
    

5. No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.
    

6. If we terminate a Licence on account of your breach of this agreement, you agree that you will:
    

   1. immediately stop using the Licensed Product;
       

   2. destroy all copies of the Licensed Product in your possession or control;
       

   3. destroy any work of yours derived from a Licensed Product.
       

7. If we reasonably believe that you are using a Licensed Product beyond the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us
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7.Limitations and permissions on licences
 

1. You must not sub-license a Licensed Product, unless we have made a specific agreement with you to enable you to do so.
    

2. You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
    

3. You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
    

4. You may not represent or give the impression that you are the owner or originator of any Licensed Product.
    

8.Liability for defects
 

1. As soon as you receive it from us, please check the Product.
    

2. If you find an error in the Product, please tell us in writing.
    

3. You must report any error to us as soon as you discover it but in any case, not later than six months after receipt by you.
    

4. Please describe the error clearly and give other information to enable us to identify it.
    

5. If we agree that the Product is faulty, then we shall:
    

   1. correct the error and come back to you within 3 days, or
       

   2. refund the full cost you have paid.
       

9.Intellectual Property
 

1. You agree that at all times you will:
    

   1. not disclose to any person any Intellectual Property we provide to you;
       

   2. not cause or permit anything which may damage or endanger our title to the Intellectual Property;
       

   3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
       

   4. not use any name, logo or mark similar to or capable of being confused with any name, logo or mark of ours; and
       

   5. not use any Intellectual Property except as permitted through this agreement or otherwise directly in our interest.
       

10.Security of our Website
 

1. You now agree that you will not, and will not allow any other person to:
    

   1. modify, copy, or cause damage or unintended effect to any portion of our Website, or any software used within it;
       

   2. download any part of our Website, without our express written consent;
       

   3. collect or use any product listings, descriptions, or prices;
       

   4. collect or use any information obtained from or about our website or its content except as intended by this agreement;
       

   5. aggregate, copy or duplicate in any manner any of the content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary;
       

   6. for any purpose, use our name, any proprietary information (including images, text, or page layout) of ours in any way;
       

   7. upload or republish any part of our Content on any Internet, intranet or extranet site.
       

11.Disclaimers and limitation of liability
 

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    

2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    

3. Our Website and our Products and our Services are provided “as is”. We make no representation or warranty that they will achieve the target or intended results or will be:
    

   1. useful to you;
       

   2. of satisfactory quality;
       

   3. fit for a particular purpose;
       

   4. available or accessible, without interruption, or without error.
       

4. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Website.
    

5. Products may include technical inaccuracies or typographical errors.
    

6. We are not responsible for any action you decide to take as a result of using a Service or buying a Licensed Product.
    

7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period.
    

8. Except in the case of death or personal injury, our total liability under this agreement, however it arises, will not exceed the sum of £1,000. This applies whether your case is based on contract, tort or any other basis in law.
    

9. We will not be liable to you for any loss or expense which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    

10. Our Website contains links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of it.
     

11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
     

12. If you become aware of any breach of any term of this agreement by any person, please tell us. However, while we invite your opinion, we may not agree with you.
     

13. Nothing in this agreement will be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
     

12.Indemnity
 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
 

1. your failure to comply with the law of any country;
    

2. your breach of this agreement;
    

3. your infringement of the rights of any third party; and
    

4. any act, neglect or default by any agent, employee, you or your customer.
    

13.Dispute resolution
 

1. If you are not happy with our services or have any complaint then you must tell us in writing.
    

2. If a dispute is not settled by negotiation, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
    

3. We can propose an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015. We will also listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
    

14.Miscellaneous matters
 

1. You undertake to provide to us sufficient information about yourself to enable us to fulfil our obligations under this contract.
    

2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
    

3. The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
    

4. Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
    

5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    

6. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
    

7. Any communication to be served on either party by the other will be delivered by hand or sent by recorded delivery. It will be deemed to have been delivered on the day of delivery if delivered by hand, or if sent by post to the correct address, within 72 hours of posting.
    

8. This agreement does not give any right to any third party under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
    

9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.