Ecometrica Platform - Terms of Use (June 2016)

This document explains to you the basis on which you may make use of the Ecometrica Platform. Please read these terms of use carefully before you start to use the Ecometrica Platform. By using the Ecometrica Platform, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Ecometrica Platform. We may revise these terms of use from time to time. Such variation will be notified to you.

Information about Ecometrica

The Ecometrica Platform is operated by us, Ecometrica Limited, registered in Scotland as a limited company under company number SC339323 and having its registered office at Orchard Brae House, 30 Queensferry Road, Edinburgh EH4 2HS.

Accessing the Ecometrica Platform

Access to the Ecometrica Platform is restricted to registered users. You must keep your user identification code, password or any security information safe and not disclose them to anyone. We have the right to disable any user identification code or password at any time, if you have failed, or we reasonably suspect you have failed, to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access the Ecometrica Platform. You are also responsible for ensuring that all persons who access the Ecometrica Platform through your internet connection are permitted to do so, are aware of these terms and to ensure that they comply with them.

Intellectual property rights

We are the owner, or licensee, of all intellectual property rights in the Ecometrica Platform, and in the material published on it. Those works are protected by database rights, copyright laws and treaties around the world. All such rights are reserved.

You shall not, except as may be allowed by any applicable law which is incapable of exclusion:

• attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Ecometrica Platform in any form or media or by any means; or
• attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Ecometrica Platform; or
• access all or any part of the Ecometrica Platform in order to build a product or service which competes with the Ecometrica Platform; or
• use the Ecometrica Platform to provide services to third parties except as expressly permitted in a written agreement between us; or
• license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Ecometrica Platform available to any third party without our written consent; or
• knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
• attempt to gain unauthorised access to the Ecometrica Platform, the server on which the Ecometrica Platform is stored or any server, computer or database connected to the Ecometrica Platform. You must not attack the Ecometrica Platform via a denial-of-service attack or a distributed denial-of service attack.

Reliance on the Platform

We make commercially reasonable efforts to ensure that the information contained or made available onthe Ecometrica Platform is complete and accurate at the time it is produced. However, we make no warranties, representations or undertakings about the content of the information contained on the Ecometrica Platform or the results generated using the Ecometrica Platform (including, without limitation, any as to the completeness or fitness for any particular purpose of such content). In addition, we have no responsibility for any information or materials that may be included on the Ecometrica Platform from you or other third parties.

Our liability

To the extent permitted by law and except where expressly stated in this document, we hereby expressly excludes all conditions, warranties and other terms whether express or implied by statute, common law or otherwise.

We shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, forany loss (whether direct or indirect) of dataprofits, business, business opportunities, revenue, turnover, reputation or goodwill or any other indirect or consequential loss.

Our total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with your use of the Ecometrica Platform and under these terms of use shall in all circumstances be limited to fifty thousand pounds Sterling (£50,000).

Information about you and your visits to the Platform

You acknowledge that by making the Ecometrica Platform available to you, we may process some of your personal data (e.g. your name, contact details and email address). By using the Ecometrica Platform, creating an account you hereby consent for us to:

1. process your personal data for the purpose of these terms and making the Ecometrica Platform available to you;
2. transfer your personal data to destinations outside the European Economic Area (EEA) which may have lower standards of data protection than those applicable in the EEA; and
3. retain your personal data for as long as is necessary for the purpose of these terms and making the Ecometrica Platform available.

We shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Ecometrica Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Ecometrica Platform will cease immediately.

Uploading material to The Ecometrica Platform

When using the Ecometrica Platform, you must not distribute or transmit any material that:

• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
• facilitates illegal activity, depicts sexually explicit images or promotes unlawful violence;
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
• causes damage or injury to any person or property.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Ecometrica Platform.

We will have the right to remove any material or posting you make on the Ecometrica Platform if, in our opinion, such material does not comply with the standards set out above.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Ecometrica Platform or to your downloading of any material posted on it, or on any website linked to it.

Links from the Ecometrica Platform

Where the Ecometrica Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Term and termination

We may terminate your access to the Ecometrica Platform immediately by written notice to you if you commit, or we have reasonable grounds for suspecting that you have comitted, a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. Upon termination for any reason:

1. all rights granted to you under these terms shall cease;
2. you must cease all activities authorised by these terms, including accessing the Ecometrica Platform;
3. we may destroy or otherwise dispose of any data in our possession unless we receive, no later than ten (10) days after termination, a written request for the delivery to You of the then most recent back-up of data. We will use reasonable commercial endeavours to deliver the back-up to you within thirty (30) days of receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by us in returning or disposing of the data; and
4. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Ecometrica Platform although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.