Terms of Use

TERMS OF USE FOR
 DATAMARAN FREEMIUM AND DATAMARAN RESEARCH
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICE

 

  1. Introduction
    1.1. These terms of use (together with the other documents referred to in them, which are collectively referred to here as the Terms of Use) tell you the terms on which you may access Datamaran Freemium or Datamaran Research (together the Service, as further described in clause 5 below).
    1.2. The Service is provided by eRevalue Limited (eRevalue, us or we). We are a limited company registered in England and Wales under company number 9066496 whose registered office is at 14 Gowers Walk, The Loom, Suite 4.8, London, England, E1 8PY.
    1.3. These Terms of Use constitute a legal agreement between eRevalue and you as an Authorised User (as defined below) of the Service. If you do not agree to abide by these terms of use, you may not access the Service.
  2. Access to the Service
    2.1. In order to access and use the Service as an Authorised User, you must be a business or research user (whether an individual or operating through a corporate entity) who has paid any relevant Service Fees directly to us in accordance with clause 3.
    2.2. By accessing the Service on behalf of an incorporated entity (including a company, partnership, LLP or other entity) , you acknowledge (i) that you are duly authorised by such entity to access the Service and to bind it in that regard and (ii) that references to an “Authorised User”, and “you” in these Terms of Use are references to that corporate entity.   
    2.3. The Service is intended for use by Authorised Users in a business or research context only, and not for use for domestic or private purposes.
    2.4. In order to access the Service for the first time, you must first receive your Authorised User account log in details and change the default password.
    2.5. You remain an Authorised User for any applicable Subscription Period unless your account is terminated in accordance with these Terms of Use, in particular clause 12.
    2.6. Fake user profiles are not permitted.
    2.7. The Service is intended for use worldwide. Wherever you access and use the Service from, you agree that you will only use the Service in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations. To the extent that your use of the Service is not legal in your territory, you may not use it.
    2.8. You are responsible for making all arrangements necessary for you to have access to the Service.
  3. Subscription Period and Service Fees
    3.1. The applicable fees (if any) for access to the Service (the Service Fees) for a given period of time (the Subscription Period) are as set out on our website or as otherwise notified to you from time to time. Payment of Service Fees may be made using the method or methods notified by us to you, including our chosen third party payment provider.
    3.2. At the end of each Subscription Period your access to the Service will automatically renew for additional Subscription Periods of equal duration (and, if applicable, we will take the relevant Service Fees for the next Subscription Period using the payment details provided by you), unless you have given us written notice that you wish your subscription to end. On giving us notice your subscription will terminate at the end of the current Subscription Period. 
    3.3. We reserve the right to change the applicable Service Fees at any time, provided that any such revised Service Fees shall only take effect in respect of the next Subscription Period. We will notify you of the new Service Fees and give you the opportunity to end your subscription if you do not wish to continue with the Service after the end of the then-current Subscription Period.  
    3.4. Please note that the Service Fees must be paid in full before access will be granted to the Service and, in relation to any subsequent payments of the Service Fees, we reserve the right to suspend access to the Service until payment has been made in full for the relevant Subscription Period.
    3.5. All sums payable to us exclusive of any applicable value added tax or other applicable sales tax, which you will pay in addition to the Service Fees.
    3.6. All amounts due to us must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  4. Protection of Authorised User account and password
    4.1. You must treat any Authorised User account log in, user identification code, password or any other piece of information as part of our security procedures, as confidential. You must not disclose it to any third party or authorise others to use your Authorised User account.
    4.2. You may not transfer your Authorised User account to any other person or entity. If you know or suspect that anyone other than you has obtained your user identification code or password and/or has accessed your Authorised User account, you must immediately notify us by sending an email to ask@datamaran.com.
    4.3. You are responsible for the acts and omissions of any third parties who use your Authorised User identification code or password to access your Authorised User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
    4.4. We have the right to disable any Authorised User identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, the Authorised User has failed to comply with any of the provisions of these Terms of Use.
  5. The Service
    5.1. The Service consists of access to Datamaran Freemium and/or Datamaran Research. The specific functionality available to you will depend on which of these products you have access to. Please contact us if you wish to understand more about the details of the Service available to you.
    For the purposes of this clause 5:
    5.2.1. Output means data, text, graphical presentations, reports, documentation and other information provided to you in any form as a result of using the Service including hard copy printouts and customised or derivative works of those things and including Third Party Documents and Datamaran Output;
    5.2.2. Third Party Documents means source documentation and files originating from third parties and which may be directly accessible through the Service, including (but not limited to) SEC filings, sustainability reports, annual shareholder reports, CSR reports, Corporate Governance reports, legislation, regulatory guidance, news features and social media content; and
    5.2.3. Datamaran Output means all Output except Third Party Documents.
    5.3. On condition of you agreeing to abide by these Terms of Use, we hereby grant you a non-transferable, non-exclusive licence while you remain an Authorised User to access the Service in accordance with these Terms of Use.
    5.4. You may use the Service, including the Output, solely for your research or business purposes. For these purposes:
    5.4.1. you may use Output in relation to, and for incorporation into, internal studies, business reports, strategy documents and external communications (including marketing documents, regulatory and financial filings), provided that you attribute any use of Datamaran Output in accordance with clause 5.5 below;
    5.4.2. if you are using the Services for journalistic, academic or research purposes, you may include Output in research papers, articles and papers, provided that you attribute any use of Datamaran Output in accordance with clause 5.5 below;
    5.4.3. if as part of your business you offer consultancy or other advisory services to third party clients, you may use the Service in the course of providing such consultancy or advisory services, including referring to or incorporating Output (or extracts of it) in reports or other work product provided to such clients, provided that you attribute any use of Datamaran Output in accordance with clause 5.5 below;   
    5.4.4. you may not use the Service including any Output in such a way as to act as a reseller or distributor of the Service (or a substantial part of it) or to provide a service that competes with the Service. This restriction includes (but is not limited to) the use of crawlers or other automated means to obtain Output for distribution to third parties.
    5.5. If you incorporate Datamaran Output (including extracts of Datamaran Output) into any of your documentation, you must clearly attribute Datamaran as the source of that Output by using the wording “source: Datamaran”.
  6. Data and Privacy Policy
    6.1. These Terms of Use refer to our Data and Privacy Policy available here, which sets out the terms on which we process any data (whether personal data or otherwise) we collect from you, or that you provide to us. Our Data and Privacy Policy also incorporates our Cookies Policy available here.
    6.2. By using the Service you consent to such processing by us in accordance with our Data and Privacy Policy and you warrant that all data provided by you is accurate to the best of your knowledge.
  7. Submitted Content
    7.1. From time to time you may submit information to the Service, including when setting up your profile on the Service (Submitted Content). Submitted Content excludes publicly available information.
    7.2. We will deal with Submitted Content in accordance with our Data and Privacy Policy. This means that we will hold such Submitted Content securely and, unless you agree otherwise, we will only use Submitted Content in order to improve your experience of, and to enhance, the Service provided to you, but not directly to alter other users’ experience of the Service. However we may use Submitted Content in an anonymised, aggregated or otherwise de-identified form for research, analysis and other purposes in accordance with our Privacy and Data Policy.
    7.3. We will not control, verify or otherwise check Submitted Content and (subject to clause 7.2 above) we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Service.
    7.4. We reserve the right to refuse to process and to remove any Submitted Content if, in our sole opinion, it does not comply with these Terms of Use or any applicable law, or upon the reasonable request of any third party.
    7.5. If you cease to be an Authorised User of Datamaran for any reason, we may not continue to use such Submitted Content except as set out in clause 7.2 above.
  8. Intellectual property rights
    8.1. Whilst you (or your relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in Submitted Content, the Authorised User hereby:
    8.1.1. grant to us (or, as relevant, agrees to procure the grant to us of) a licence to use such Submitted Content in accordance with these Terms of Use including in order to provide the Service; and
    8.1.2. confirms that the Authorised User is duly licensed to submit the Submitted Content to us and that the use of Submitted Content in accordance with these Terms of Use will not breach a third party’s rights including without limitation any IP Rights or rights in confidential information and agrees to indemnify us in respect of any loss or damage (including legal fees) incurred by us in the event of a breach of this clause 8.1.2.
    8.2. Except for Submitted Content, we are the owner or the licensee of all IP Rights subsisting in the Service including Output and any software used in the provision of the Service. All such rights are reserved and you have no rights in, or to, the Service including Output other than the rights to use it in accordance with these Terms of Use.
    8.3. You are under no obligation to provide feedback, improvements or other suggestions (Feedback) that might improve the Service, however if they do so, you acknowledge that eRevalue is free to use such Feedback in any way and that eRevalue shall own any and all intellectual property rights subsisting in or arising in relation to such Feedback as it may be incorporated into the Service.
  9. Reliance on Output
    9.1. Whilst we do our best to draw information from reliable sources, you acknowledge that:
    9.1.1. Output is dependent on the quality and accuracy of such sources and therefore we make no guarantee that the Output is correct, complete, accurate or up-to-date and we take no liability in that regard;
    9.1.2. any use of or reliance by you on any Output is entirely at your own risk, we take no responsibility for the consequences of such actions and in particular no guarantee is made by us that such actions will benefit you or your business in any way; and
    9.1.3. the Service and the Output are for general information purposes only and do not constitute any form of specialist legal, regulatory, tax, investment or other advice. You are responsible for ensuring that your use of any Output is sufficient or appropriate for any particular circumstances including taking separate legal or other specialist advice to confirm information provided as part of the Output.
  10. Limitation of our liability
    10.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    10.2. We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Service without notice. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.
    10.3. In relation to the use of the Service:
    10.3.1. to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied; and
    10.3.2. subject to these Terms of Use in particular clauses 9 and 10.2, we will not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with the following:
    10.3.2.1. loss of profits, sales, business or revenue;
    10.3.2.2. loss of agreements or contracts;
    10.3.2.3. business interruption;
    10.3.2.4. loss of anticipated savings;
    10.3.2.5. loss of business opportunity, goodwill or reputation;
    10.3.2.6. loss of use or corruption of software, data or information;
    10.3.2.7. cost of procurement of substitute goods, services or technology; or
    10.3.2.8. any special, indirect or consequential loss or damage.
    10.4. We use reasonable endeavours to remove bugs or viruses but we do not guarantee that Datamaran or eRevalue will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service.
    10.5. Subject to the express provisions elsewhere in these Terms of Use (including but not limited to clauses 8 and 10.1 to 10.4 and 10.6), our total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Use including the receipt of the Service shall, in any given 12 month period, be limited to the fees paid for the Service in the 12 month period prior to the date on which the claim arose.
    10.6. If you are an Authorised User accessing Datamaran Freemium or another aspect of the Service that is offered to you without payment of a Service Fee, you acknowledge that such access is permitted on an “as-is” basis and that eRevalue shall have no liability whatsoever to you (whether arising in contract, tort including negligence, or otherwise) in relation to your access to or use of the Service.
  11. Prohibited uses of the Service
    11.1. You may use the Service only for lawful purposes. You may not use the Service:
    11.1.1. in any way that breaches any applicable local, national or international law or regulation; or
    11.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    11.2. You also agree:
    11.2.1. not to (and not to attempt to) modify, copy, disclose, distribute or re-sell any part of the Services or Output (including any software used in the provision of the Service) in contravention of these Terms of Use;
    11.2.2. not to impersonate any other Authorised Users; and
    11.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Authorised Users; (ii) any part of the Service or its security measures; (iii) any equipment or network on which the Service is stored; or (iv) any software used in the provision of the Service.
  12. Ceasing to be an Authorised User of eRevalue
    12.1. If you are an individual business Authorised User, you will cease to be an Authorised User in accordance with clause 3 above if you end your subscription, or as set out below.
    12.2. We will determine, in our discretion, whether there has been a breach of these Terms of Use through any Authorised User’s use of the Service. If such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
    12.2.1. immediate, temporary or permanent withdrawal of any relevant Authorised User account;
    12.2.2. immediate, temporary or permanent removal of any Submitted Content;
    12.2.3. the issue of a warning to you; and
    12.2.4. legal action against you.
    12.3. If you cease being an Authorised User for any reason you must immediately cease using the Service.  
  13. Changes to these Terms of Use and the Service
    13.1. You will be asked to read and accept these Terms of Use at the time you first access the Service.
    13.2. We may revise these Terms of Use at any time and in the event of such a revision, you may be asked to read and accept the revised Terms of Use at the next time you access the Service.
    13.3. We may update the Service from time to time, and may change the content and/or functionality provided through the Service at any time.
    13.4. No variation to these Terms of Use may be made save by a variation notified by us as described above, or else in writing signed by you and us.
  14. Third party rights
    A person who is not a party to these Terms of Use shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
  15. Applicable law
    These Terms of Use, their subject matter and their formation, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  16. Trade marks
    “eRevalue®” and “Datamaran®” are registered trade marks of eRevalue Limited.
  17. Contact us and complaints
    17.1. To contact us, including with any comments or complaints regarding the Service, or if you are concerned that any content accessed through the Service breaches intellectual property or other rights, please contact our customer support line, by email at ask@datamaran.com.