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InsightBee Terms & Conditions

(A) Terms of Use

These terms of use of the Website ("Terms of Use") describe the terms on which Evalueserve UK Limited, a company incorporated under the laws of England under company number 06810791, with its registered office at Lewis House, Great Chesterford Court, Great Chesterford, Essex, CB10 1PF, United Kingdom (hereinafter referred to as "Evalueserve") offers the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") access to the Website located at www.insightbee.com ("Website"). Your use of the Website constitutes Your agreement to all the terms, conditions and restrictions contained in these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING SERVICES THROUGH THE WEBSITE AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EVALUESERVE. YOUR USE OF THE WEBSITE SIGNIFIES THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU MUST STOP ACCESSING AND USING THIS WEBSITE AND ANY OF THE SERVICES AVAILABLE VIA THIS WEBSITE IMMEDIATELY.

IN ADDITION TO THESE TERMS OF USE, BY USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE PRIVACY POLICY OF THE WEBSITE AVAILABLE AT www.insightbee.com/privacy-policy ("Privacy Policy"), THE COOKIE POLICY OF THE WEBSITE AVAILABLE AT www.insightbee.com/cookie-policy (“Cookie Policy”) AND THE POSTING POLICY OF THE WEBSITE AVAILABLE AT www.insightbee.com/posting-policy (“Posting Policy”). FURTHER, IN THE EVENT YOU PURCHASE ANY SERVICES (AS DEFINED BELOW) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF LICENSE AVAILABLE AT www.insightbee.com/terms-and-conditions (“Terms of License”)

Evalueserve is an English limited liability company and is registered for VAT with VAT number 981423611.

1. General

The Website is an Internet based portal owned and operated by Evalueserve. Your use of the Website and Your access to it is subject to, and is conditional upon you accepting, all of the terms and conditions contained in these Terms of Use. All rights in this Website are owned by Evalueserve and any unauthorized use, copying or modification is prohibited.

2. Eligibility to use the Website

  1. You warrant and represent that You are accessing the Website for business purposes and that You are not acting as a consumer (i.e. accessing the Website for Your own personal use rather than in connection with Your own business or on behalf of Your employer). If You are a consumer, You must stop accessing and using the Website.
  2. If You are registering as, or on behalf of, a corporate entity, You warrant and represent that You have the authority to bind that corporate entity and that You are duly authorized by the business entity to accept and enter into these Terms of Use, the Terms of License and the Privacy Policy, the Cookie Policy and the Posting Policy. You agree that the terms "You" and "Your" in these Terms of Use refers to Your business entity.

3. User Account, Password, and Security

  1. Evalueserve may make certain Services available to You through the Website only if You have provided Evalueserve with such User information as may be requested by Evalueserve on the Website and created an account ("Account") utilizing an Evalueserve ID and password or any other valid email ID (collectively, the "Account Information"). The Website requires You to register as a User by creating an Account in order to make use of the Services provided by/ through the Website. You are responsible for maintaining the confidentiality of Your Account information and are fully responsible for all activities that occur under Your Account.
  2. You shall:
    1. Provide such Account Information as may be required by Evalueserve as set out on the Website and update and maintain such Account Information, to ensure that it remains true, accurate, current and complete; and
    2. Immediately notify Evalueserve of any unauthorized use of Your Account and/or Account Information or any other breach of security.
  3. By registering on the Website You agree that the Account Information is personal to You or to the business entity You represent and may only be used by You or the business entity.
  4. Evalueserve will not be liable for any loss that You may incur as a result of someone else using or accessing Your password or account, either with or without Your knowledge.
  5. You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing Your password or account if You have not taken reasonable steps to keep Your password or account secure.
  6. Evalueserve reserves the right to log off or deactivate accounts that are inactive for an extended period of time, with a prior notice to You.
  7. Evalueserve may suspend (temporarily or indefinitely) or terminate or block access to the Website and/or Your Account at any time with a prior notice to You for any reason whatsoever.

4. Services

  1. The Website is a platform that facilitates the online sale and delivery of Evalueserve's services ("Services") which may include, without limitation, the following services:
    1. Subscription Services

      These services mainly include the Procurement Intelligence (“PI”) and the Sales Intelligence (“SI”) services. These Subscription Services shall also include any and all other dashboard services that Evalueserve may provide in the future. The PI and SI services are briefly defined below:

      (i.a) PI services: PI services shall mean the access and subscription to the PI dashboard which is specifically designed for procurement teams. Access to such dashboard would enable the procurement teams to set up category sourcing strategies and identify project risks.

      (i.b) SI services: SI services shall mean the access and subscription to the SI dashboard which is specifically designed for sales teams. Access to such dashboard would enable the sales teams to identify and scope business opportunities via insight technology.

    2. On-Demand Research Services

      These services include the preparation and delivery by Evalueserve of on-demand research reports containing such information as may be described in further detail on the Website.

    3. Additional Services

      These services include any and all those new or additional services provided by Evalueserve in the future that are not set out in this section.

    4. Pursuant to the provision of the afore stated Services, as a final deliverable, Evalueserve may also provide a report containing all the information as requested by You (the “Reports”) at a Fee mutually agreed between Evalueserve and You.

  2. Your use of the Services, and all terms relating to Your purchase of the Services via the Website, are subject to the Terms of License. If there is any conflict between these Terms of Use and the Terms of License, the Terms of License shall prevail.
  3. Your use of the Website and/or Services may also be subject to additional procedures for use, uploaded guidelines, rules, terms of service, disclaimers and notices, or any other additional terms and conditions as may be notified to You by Evalueserve from time to time ("Additional Terms"). If there is any conflict between these Terms of Use, the Terms of License, and any Additional Terms, the following order of precedence shall apply: (i) the Terms of License; (ii) the Additional Terms; and then (iii) these Terms of Use.

5. Your Obligations

  1. You agree to use the Website and Services only for purposes that are permitted by, and in accordance with: (a) these Terms of Use; (b) the Terms of License; (c) the Privacy Policy, (d) the Cookie Policy (e) the Posting Policy and (f) any applicable law.
  2. You shall not:
    1. Upload to the Website any content or files that: (a) contain viruses, Trojan horses, worms, corrupted files, or any other similar harmful or disruptive software or programs or material; (b) may interrupt, be harmful to, damage or disrupt or limit the operation or functionality of the Website or another's computer; (c) belong to another person and to which You do not have any right to; (d) bullies, intimidates or harasses any other User (e) is harassing, defamatory, embarrassing, tortuous, abusing, threatening, profane, violent, sexually explicit, libelous, obscene, pornographic, hateful and/or racially, ethnically or otherwise objectionable, invasive of another's privacy or which otherwise violates the rights of other as solely determined in Evalueserve's discretion; (f) is sexist, racist, homophobic, offensive on the grounds of religion, nationality or demographic group; (g) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringes any patent, trade mark, trade secret, database right, right of privacy or publicity, copyright or other proprietary or intellectual property rights of any party; (h) is deceiving or misleading; (i) violates the criminal law; (j) promotes or encourages illegal activity; (k) encourages or facilitates any violation of these Terms of Use; (l) may prejudice ongoing civil or criminal proceedings, violate the sub-judice rule or may otherwise amount to a contempt of court; (m) includes any spam, unauthorized advertising, links to other websites or any other form of commercial publicity other than commercial publicity that you are entitled to post arising out of Your agreement with Evalueserve; (n) is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the Website servers, bandwidth or infrastructure; (o) is inaccurate or based solely on rumour or hearsay; (p) relates to a minor without consent of a parent or guardian; or (q) are otherwise unlawful in any respect;
    2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    3. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Evalueserve server, or to any of the Services offered on or through the Website;
    4. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    5. Collect or store, or attempt to collect or store data about other users of the Website or the Services without their knowledge or consent;
    6. Share confidential pricing information of any party;
    7. Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    8. Violate any applicable laws or regulations for the time being in force;
    9. Violate these Terms of Use, or any applicable Additional Terms;
    10. Reverse engineer, modify, decompile, disassemble, or copy, adapt, translate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information contained on the Website or the Services provided by Evalueserve save as expressly permitted in these Terms of Use;
    11. Use any robot, spider or other device to screen scrape any portion of the Website or any material or information from the Website, except as expressly authorized in writing by Evalueserve; and
    12. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

6. Intellectual Property Rights

  1. All intellectual property rights in the Website design, text, graphics, the selection and arrangement of the Website and all software related thereto vests in Evalueserve unless otherwise indicated.
  2. Evalueserve owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, rights to inventions, innovations, inventions which are not capable of protection by patent or registration, registered design and topography rights, copyright and related rights, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing , trade or business names, domain names, rights in get-up, rights protecting goodwill and reputation, the right to sue for passing off, rights in designs, database rights and rights under licenses and consents to such things rights in the nature of unfair competition rights, rights to use, and protect the confidentiality of, confidential information; drawings and instructions, secret formulae and processes; know-how, including data specifications, and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights in each case whether registered or unregistered, which subsist or which may in the future subsist in the Website and the Services ("Evalueserve IP"). You shall not acquire any right in respect of the Evalueserve IP other than as expressly stated in these Terms of Use.
  3. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at the Website without our written permission.
  4. You may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights notices appearing in the Services or in any materials supplied to You in connection with the Services. You agree to abide by all access and use restrictions contained in any content made available to You through, or in connection with, the Services.
  5. The trademarks, trade names, designs, logos and service marks displayed on the Website ("Marks") are the property of Evalueserve. You are not permitted to use the Marks without the prior written consent of Evalueserve. You shall not refer to or attribute any information to Evalueserve in any public medium or otherwise imply any endorsement by, or relationship with, Evalueserve.
  6. Except as expressly permitted in these Terms of Use or the Terms of License, You shall not copy, republish, publish, modify, post, display, translate, transmit, reproduce, distribute, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any content appearing on the Website without Evalueserve's prior written consent.
  7. You acknowledge and agree that Evalueserve shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that You post or otherwise publish on the Website in postings, survey responses, and otherwise, and You hereby waive any claims against Evalueserve for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Evalueserve's use and publication of such submissions.

7. Third Party Content

  1. The Website may provide links to third party websites over which Evalueserve has no control, and some of the content appearing on the Website, or made available to You in connection with the Services may be sourced from external sources ("Third Party Content"). The provision of Third Party Content to You is for general informational purposes only and does not amount to an endorsement or recommendation of these sites by Evalueserve. Evalueserve does not exercise any control or supervision over Third Party Content. Evalueserve is not responsible for the content or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by Evalueserve.
  2. Evalueserve accepts no liability in relation to those sites and should You choose to access third party sites You do so at Your own risk.
  3. You acknowledge that the Third Party Content provided to You is obtained from sources in relation to which Evalueserve has no control. Evalueserve does not provide any warranties to You with respect to any the Third Party Content and, subject to section 9, Evalueserve shall not be liable for any loss suffered by You in connection with Your reliance on or use of such Third Party Content.

8. Termination

  1. Evalueserve may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if:
    1. Evalueserve determines that You are in breach of any of the terms set out in these Terms of Use, the Privacy Policy, the Cookie Policy, the Terms of License, the Posting Policy or in any Additional Terms (or have acted in a manner that shows that You do not intend to, or are unable to, comply with the same);
    2. If Evalueserve is unable to verify or authenticate any information You provide; or
    3. If Evalueserve determines that Your actions may cause legal liability for You, other users or Evalueserve;

      (hereinafter the "Breach").

  2. You acknowledge that on termination of Your Account for any reason Evalueserve may: (i) remove or limit Your access to the Services; and (ii) delete Your Account and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof).
  3. Subject to section 9 below, Evalueserve shall not be liable to You or any third party for any termination of Your Account, Your access to the Website and Services, or the deletion of any of Your Account Information or any other data or information relating to Your Account including, without limitation, pursuant to section 8.b above.
  4. Notwithstanding the foregoing, these Terms of Use including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive indefinitely unless and until Evalueserve chooses to terminate them either by giving You notice in writing, or by amending these Terms of Use in accordance with section 11 below.

9. Disclaimer of Warranties & Limitation of Liability

  1. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS EVALUESERVE'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
  2. THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY EVALUESERVE WITH REASONABLE SKILL AND CARE BUT ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. UNDER NO CIRCUMSTANCES SHALL EVALUESERVE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES.
  4. WITHOUT LIMITING THE GENERALITY OF SECTION 9.b. ABOVE, EVALUESERVE MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (III) THAT ANY OF THE SERVICES WILL BE DELIVERED WITHIN A PARTICULAR TIMESCALE. ANY DELIVERY DATES OR TIMES QUOTED ON THE WEBSITE ARE ESTIMATES ONLY.
  5. SUBJECT TO SECTION 9.a. ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVALUESERVE SHALL NOT BE LIABLE FOR:
    1. ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION;

    2. ANY INTERRUPTION OR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OR FOR ANY OTHER REASON;

    3. ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, TIMELINESS, COMPLETENESS, DELETION, DEFECT, FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF, OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THEREFROM; OR

    4. ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.

  6. SUBJECT TO SECTION 9.a. ABOVE, EVALUESERVE'S MAXIMUM AGGREGATE LIABILITY TO YOU, WHETHER UNDER THESE TERMS OF USE, YOUR USE OF THE WEBSITE OR THE SERVICES, OR OTHERWISE HOWSOEVER ARISING, SHALL BE LIMITED TO THE PRICE PAID BY YOU TO EVALUESERVE IN CONNECTION WITH THE SERVICES IN THE SIX MONTH PERIOD PRIOR TO THE DATE ON WHICH THE ACT OR OMISSION GIVING RISE TO THE LIABILITY OCCURRED.
  7. Each of the parties acknowledges that the exclusions and limitations on Evalueserve's liability set out in this section 9 above are distinct and separate provisions. If any provision or part-provision of this section 9 is or becomes invalid, illegal or unenforceable, the provisions of section 13.c. shall apply.

10. Indemnity

You agree to indemnify, defend (at the request of Evalueserve) and hold harmless Evalueserve, its investors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney's fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Evalueserve that arise out of, result from, or may be payable by virtue of: (i) Your use of the Website or any part thereof; (ii) Any Breach (as defined above); (iii) The violation of these Terms of Use, the Privacy Policy, the Cookie Policy, the Posting Policy or the Terms of License; (iv) The infringement or misappropriation by You, or a third party using your computer, of any account or password to access and/or use the Website; or (v)The infringement by You of any intellectual property rights or any other rights of any third party.

11. Amendment of these Terms of Use

Evalueserve reserves the right at its absolute sole discretion, to change, modify, add to or delete provisions contained in these Terms of Use at any time by publishing any amended or updated version of the Terms of Use on the Website. It is Your responsibility to regularly review the Terms of Use for changes. You should regularly visit the webpage at www.insightbee.com/terms-and-conditions to view the most current version of the Terms of Use. By continuing to use the Website you agree to these changes.

12. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy at www.insightbee.com/privacy-policy to see how we collect, use and protect Your personal information. You understand that through Your use of the Website you consent to the collection and use of Your information as set forth in the Privacy Policy.

13. General Provisions

  1. Notices

    All notices of Evalueserve will be served by email or by general notification on the Website. Any notice provided to Evalueserve pursuant to the Terms of Use should be sent to Evalueserve customer support, the contact details for which are available at www.insightbee.com along with a copy to evslegal@evalueserve.com Attn: Legal Team.

  2. Assignment

    You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party.

  3. Severability

    If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be void, invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

  4. Waiver

    Any amendment to or waiver of these Terms of Use by you must be in writing and signed by authorized representatives of Evalueserve. Any failure by Evalueserve to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Evalueserve of that provision or

14. Availability of Service

  1. Evalueserve may at our sole discretion and at any time discontinue temporarily or permanently the Website or any part thereof with notice to You. The Website may be temporarily unavailable from time to time for maintenance or other reasons. Evalueserve accepts no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.
  2. Where possible, Evalueserve will use reasonable efforts to give user's fair notice of technical difficulties or termination or suspension of access to the Website. However, You agree that we shall not be liable to You or any third party for any inability to access the Website, termination or suspension of access to the Website or modification of the service provided.

15. Governing Law

  1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Evalueserve shall be governed in accordance with the laws of England and Wales.
  2. You agree that all disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Evalueserve shall be subject to the exclusive jurisdiction of the courts of England and Wales.

(B) Terms of License

These terms of license ("Terms of License") describe the terms on which Evalueserve UK Limited, a company incorporated under the laws of England under company number 06810791, with its registered office at Lewis House, Great Chesterford Court, Great Chesterford, Essex, CB10 1PF, United Kingdom (hereinafter referred to as "Evalueserve") shall supply the Services (as defined below) to users/ registrants ("You" or "Your" or "Yourself" or "User") through the website located at www.insightbee.com ("Website"). By purchasing the Services You agree to all of the terms, conditions and restrictions contained in these Terms of License.

PLEASE READ THESE TERMS OF LICENSE CAREFULLY BEFORE PURCHASING ANY SERVICES THROUGH THE WEBSITE. THE PURCHASE OF ANY SERVICES BY YOU SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF LICENSE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IN ADDITION TO THESE TERMS OF LICENCE, YOU SHALL ALSO BE BOUND BY THE WEBSITE TERMS OF USE AVAILABLE AT www.insightbee.com/terms-and-conditions ("Terms of Use") AND THE PRIVACY POLICY OF THE WEBSITE AVAILABLE AT www.insightbee.com/privacy-policy ("Privacy Policy").

Evalueserve is an English limited liability company and is registered for VAT with VAT 981423611.

1. Services

  1. The Services offered by Evalueserve ("Services") via the Website may include, without limitation, the following services:
    1. Subscription Services:

      These services mainly include the Procurement Intelligence (“PI”) and the Sales Intelligence (“SI”) services. These Subscription Services shall also include any and all other dashboard services that Evalueserve may provide in the future. The PI and SI services are briefly defined below:

      (i.a) PI services: PI services shall mean the access and subscription to the PI dashboard which is specifically designed for procurement teams. Access to such dashboard would enable the procurement teams to set up category sourcing strategies and identify project risks.

      (i.b) SI services: SI services shall mean the access and subscription to the SI dashboard which is specifically designed for sales teams. Access to such dashboard would enable the sales teams to identify and scope business opportunities via insight technology.

    2. On-Demand Research Services

      These services include the preparation and delivery by Evalueserve of on-demand research reports containing such information as may be described in further detail on the Website.

    3. Additional Services

      These services include any and all those new or additional services provided by Evalueserve in the future that are not set out in this section.

    4. Pursuant to the provision of the afore stated Services, as a final deliverable, Evalueserve may also provide a report containing all the information as requested by You (the “Reports”) at a Fee mutually agreed between Evalueserve and You.
  2. You warrant and represent that You are purchasing the Services for business purposes and that You are not acting as a consumer (i.e. purchasing the Services for Your own personal use rather than in connection with Your own business or on behalf of Your employer). If You are a consumer, You must not purchase any Services and must cease Your use of the Website immediately.
  3. If You are purchasing the Services on behalf of a corporate entity, You warrant and represent that You have authority to bind that corporate entity and that you are duly authorized by the business entity to accept these Terms of License, the Terms of Use, and the Privacy Policy and You have the authority to bind that business entity to these Terms of License and the Terms of Use and Privacy Policy.
  4. In accessing the Services via the Website You shall, and shall procure that any of Your employees accessing the Services via the Website shall, comply fully with the Terms of Use and the Privacy Policy.

2. Grant of License

  1. Subject to these Terms of License, including without limitation, the license restrictions set out in section 3 below, on receipt by Evalueserve of the Fees pursuant to section 4 below, Evalueserve shall grant to You, a non-exclusive, perpetual, non-assignable, non-transferable, revocable and limited license to use the Reports in the ordinary course of Your business (the "Licensed Rights").
  2. The License granted by Evalueserve to You under this section 2 shall be exercised only by You and You shall not have any right to novate, assign, or sublicense the benefit of the Licensed Rights to any third party without the prior written consent of Evalueserve.
  3. For the avoidance of doubt any content appearing on the Website, or contained in any Reports or other materials made available to You in connection with the Services, are property of Evalueserve and You shall acquire no rights in respect of the Services or any other intellectual property rights of Evalueserve other than as expressly set out in this section 2.
  4. Notwithstanding anything contained herein, in the event You are availing any Subscription Services, Evalueserve shall grant to You, a non-exclusive, non-assignable, non-transferable, revocable and limited license to use the Subscription Services in the ordinary course of Your business.

3. License Restrictions

  1. Subject to section 3.b. below, You may provide a copy of all or part of any Report to Your customers in combination with the goods and services that You provide to them in the ordinary course of Your business.
  2. You shall not:
    1. Provide copies of, distribute, or otherwise make available any part of the Reports to any third party independently of the goods and services that You provide to Your customers in the ordinary course of Your business;
    2. Sell, or charge any third party to receive any Report, save that in exercising Your rights under section 3.a. above, nothing in these Terms of License shall prohibit You from charging Your customers for the goods and services provided to them in the ordinary course of Your business;
    3. Use the Services, the Reports, or any part of them, for the purposes of providing knowledge process outsourcing services, or any other services which are similar to or which compete with the goods and services provided by Evalueserve or any member of its group of companies;
    4. Use the Services, the Reports, or any part of them, for the purposes of providing a service bureau, including, without limitation, providing third-party hosting, application integration, application service provider-type services, or for any similar services; or
    5. Modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the source code or underlying ideas, techniques or algorithms relating to the Website or any other software or technologies made available to You by Evalueserve.

4. Fees and Payment

  1. In consideration of Evalueserve performing the Services, and granting You the Licensed Rights, You shall pay to Evalueserve all applicable fees as set out the on the Website and agreed by You at the time of placing Your order on the Website ("Fees"). If You have opted for an Account Plan, the details of the fees, payment terms and a credit balance available for the package you select will be provided in a commercial proposal. For your Account Plan, You are responsible for making payment in accordance with this document, and, if applicable, you are responsible for making payments for any additional credit balance you buy as agreed by You at the time of requesting additional credits on the Website. Once, You have bought credits, under any Account Plan, such credits will be non- refundable and Evalueserve shall not be liable to refund such credit amount to You.
  2. If You have availed any of the Subscription Services and/or the Additional Services, then, if required, the details of the fees and the payment model for these services shall be captured separately in the commercial proposal.
  3. All Fees shall be paid by You in the currency specified on the Website at the time You place Your order for the Services and, unless otherwise stated on the Website, shall be exclusive of any value added tax (VAT) which You shall pay Evalueserve in addition to the Fees. If you have opted for an Account Plan and/or the Subscription Services, the applicable currency will be set out in your commercial proposal.
  4. Evalueserve may at its sole discretion introduce new Services and modify or cease to offer some or all of the existing Services offered on the Website. In such an event Evalueserve reserves the right to introduce Fees for the new Services offered or amend/introduce Fees for existing Services, as the case may be. Any changes to the Fees shall be published on the Website and such changes shall automatically become effective immediately at the time on which they published.
  5. Without prejudice to its other rights or remedies, Evalueserve reserves the right to issue You a warning, temporarily /indefinitely suspend or terminate your Accounts for the Website, refuse to perform the Services in the event that You fail to pay any of the Fees by their due date for payment.
  6. If you have opted for an Account Plan, you will be issued with credits in exchange for payment of the Fees. Bonus credits may be made available to you. When you order a service from us, the credit balance required will be notified to you as part of the order process.

5. Termination of the Licensed Rights

  1. Your right to exercise the Licensed Rights shall commence on the date that Evalueserve receives payment in full and cleared funds in respect of the Fees or, for Account Plan holders, when credits are used from your credit balance available for that Account Plan.
  2. Evalueserve may terminate Your right to exercise the Licensed Rights, immediately on notice and without any liability to You, if Evalueserve determines that You have committed a breach of these Terms of License, the Terms of Use, or the Privacy Policy (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same).
  3. Notwithstanding the foregoing, termination by Evalueserve of Your right to exercise the Licensed Rights shall not affect the validity of these Terms of License which shall remain in full force and effect until updated or amended by Evalueserve in accordance with section 11 below.

6. Intellectual Property Rights

  1. Evalueserve owns (or licenses from third parties) all intellectual property rights including, without limitation, patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, know-how, in each case whether registered or unregistered, which subsist or which may in the future subsist in the Services ("Evalueserve IP"). You shall not acquire any right in respect of the Evalueserve IP other than as expressly stated in these Terms of License.
  2. In addition to section 6.a hereinabove, You agree that Evalueserve shall be the sole and exclusive owner of all rights, title and interest in the Report, and any modifications to the Report, including all intellectual property rights associated therewith (including without limitation any inventions, creations and improvements whether or not patentable or copyrightable, conceived or made in connection with the Report) shall be owned exclusively by Evalueserve.
  3. Any data, information, material, document of whatsoever nature supplied by You to Evalueserve in the Report shall remain the sole and exclusive property of You.
  4. You may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights notices appearing in the Services, the Reports, or in any other materials supplied to You in connection with the Services.

7. Confidential Information

  1. You may, by using the Service or by contact with Evalueserve's employees, officers, directors, and agents, come into contact with information, including without limitation, trade secrets, methods, details about products or service features, enhancement or release plans, pricings, promotions and business or marketing plans ("Confidential Information") which is proprietary and confidential. You shall neither disclose Evalueserve's Confidential Information to any third party, nor use the same for any purpose other than as set forth hereunder. You shall use the same degree of care as You use to protect Your own confidential information, but no less than reasonable care, to prevent the unauthorized use, dissemination or publication of the Confidential Information.
  2. You shall promptly advise Evalueserve of any unauthorized disclosure or use of Evalueserve's Confidential Information by any person not authorised to do so.
  3. These Terms of License imposes no obligation upon You with respect to Confidential Information which: (i) was in the possession of, or was known by You without an obligation to maintain its confidentiality prior to its receipt from Evalueserve, (ii) is or becomes generally known to the public without violation of these Terms of License or the Privacy Policy or the Terms of Use by You, (iii) is obtained by You from a third party, without an obligation to keep such information confidential, or (iv) is independently developed by You without use of the Confidential Information.
  4. Disclosure of Confidential Information will not be prohibited, if You give Evalueserve prior notice and such Disclosure is: (a) compelled pursuant to a legal, judicial, or administrative proceeding, or (b) otherwise required by law.
  5. Your duty to protect Confidential Information received under these Terms of License shall survive the termination of these Terms of License.

8. Disclaimer of Warranties & Limitation of Liability

  1. NOTHING IN THESE TERMS OF LICENSE EXCLUDES OR LIMITS EVALUESERVE'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
  2. THE SERVICES AND OTHER MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SERVICES ARE PROVIDED BY EVALUESERVE WITH REASONABLE SKILL AND CARE, BUT ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. WITHOUT LIMITING THE GENERALITY OF SECTION 8.b. ABOVE, EVALUESERVE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE ERROR-FREE; (II) THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (III) THAT ANY OF THE SERVICES WILL BE DELIVERED WITHIN A PARTICULAR TIMESCALE. ANY DELIVERY DATES OR TIMES PROVIDED TO YOU IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES ARE ESTIMATES ONLY.
  4. SUBJECT TO SECTION 8.a. ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVALUESERVE SHALL NOT BE LIABLE FOR: ANY INACCURACY, ERROR, OMISSION, COMPLETENESS, OR DEFECT, IN THE REPORTS OR ANY OTHER MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SERVICES; ANY DELAY IN PERFORMING THE SERVICES OR DELIVERING ANY REPORTS TO YOU; OR ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
  5. SUBJECT TO SECTION 8.a. ABOVE, EVALUESERVE'S MAXIMUM AGGREGATE LIABILITY TO YOU, WHETHER UNDER THESE TERMS OF LICENSE, OR IN CONNECTION WITH THE PROVISION OF THE SERVICES, OR OTHERWISE HOWSOEVER ARISING, SHALL BE LIMITED TO THE PRICE PAID BY YOU TO EVALUESERVE IN CONNECTION WITH THE SERVICES.
  6. Each of parties acknowledges that the exclusions and limitations on Evalueserve's liability set out in this section 8 above are distinct and separate provisions. If any provision or part-provision of this section 8 is or becomes invalid, illegal or unenforceable, the provisions of section 13.c. shall apply.

9. Pass through Cost

In addition to the Fee, If Evalueserve incurs any additional expense/cost while providing Services to You, such expense/cost will be charged to You on a pass through basis. This additional expense/cost shall be mutually agreed upon between Evalueserve and You.

10. Indemnity

You shall indemnify, defend and hold harmless Evalueserve from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney's fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Evalueserve that arise out of, result from, or may be payable by virtue of any breach or non-performance by You of any of the terms of these Terms of License.

11. Force Majeure

Evalueserve shall not be deemed to be in breach of these Terms of License, and shall not be liable to You, in respect of any delay or failure to perform the Services which arises from any causes beyond the reasonable control of Evalueserve ("Force Majeure"). If the event that a Force Majeure lasts more than one (1) month, Evalueserve shall have the right to terminate the contract between Evalueserve and You by giving not less than ten (10) days written notice to You.

12. Amendments to these Terms of License

  1. Evalueserve may amend these Terms of License at any time by publishing any amended or updated version of the Terms of License on the Website. You should regularly visit the webpage at www.insightbee.com/terms-and-conditions to view the most current version of the Terms of License.
  2. Any Services purchased by You, and any Licensed Rights granted to You, shall be subject to the Terms of License applicable at the time at which You placed Your order for the Services on the Website.

13. Privacy Policy

You hereby confirm that You have read and agree to all of the terms set out in the Privacy Policy available at www.insightbee.com/privacy-policy.

14. General Provisions

  1. Notices

    All notices of Evalueserve will be served by email or by general notification on the Website. Any notice provided to Evalueserve pursuant to the Terms of Use should be sent to Evalueserve customer support, the contact details for which are available at www.insightbee.com along with a copy of such notice to evslegal@evalueserve.com, Attn: Legal Team.

  2. Assignment

    You cannot assign or otherwise transfer the Terms of License, or any rights granted hereunder to any third party.

  3. Severability

    If, for any reason, a court of competent jurisdiction finds any provision of these Terms of License, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

  4. Waiver

    Any failure by Evalueserve to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Evalueserve of that provision or right.

  5. Existing client/customer

    In case, You are an existing client/customer of Evalueserve (or any of its affiliates), and wish to avail new/additional services from the Website ("IB Services"), then the IB Services will be solely and exclusively governed by the terms and conditions of the Website. In case, any existing client/customer avails IB Services, then in such a case, the terms and conditions of the Website shall prevail and supersede over any existing/prior agreement/arrangement with such client/customer.

  6. Governing Law and Dispute resolution
    1. These Terms of License and Evalueserve's provision of the Services to You shall be governed in accordance with the laws of England and Wales.
    2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Evalueserve shall be subject to the exclusive jurisdiction of the English courts and You hereby accede to and accept the jurisdiction of such courts.