TABLE OF CONTENTS

Introduction to and Acceptance of Terms of Use
Changes to Terms of Use
Scope of, Changes to, and Access to the Website
Information about You and Your Visits to the Website
Intellectual Property Rights
Trademarks
Prohibited Uses
Links from and to the Website
Disclaimer of Warranties
Limitation on Liability
Indemnification
Submissions
Miscellaneous

 

Terms of Use

 

1. Introduction to and Acceptance of Terms of Use

These Terms of Use govern your access to and use of this website (the “Website”). The Website is owned and operated by Mintel Group Ltd., registered in England, no. 1475918, with the registered address of 11 Pilgrim Street, London, UK EC4V 6RN (“Mintel,” “we,” or “us”).

If you use the Website on behalf of a company, organization, or other entity, then the term “you” in the Terms of Use includes you and that entity, and you represent and warrant that you are a representative of such entity with authority to bind the entity to the Terms of Use and so agree to the Terms of Use on behalf of the entity.

Please carefully read the Terms of Use. By continuing to access and use the Website, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy. If you disagree with the Terms of Use or the Privacy Policy, then you must not access or use the Website.

If you purchase syndicated or bespoke services from us, then a separate services agreement between you and us will document the terms and conditions for those services. The Terms of Use will neither change nor limit your rights and obligations under your services agreement with us.

 

2. Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply thereafter to all access to and use of the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to refer to and comply with the Terms of Use each time that you access the Website.

 

3. Scope of, Changes to, and Access to the Website

We may withdraw or amend the Website, and any material provided on the Website, in our sole discretion without notice. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

If all or any part of the Website is unavailable at any time or for any period, then we will not be liable. From time to time, we may restrict access to some parts of the Website, or the entire Website, to select persons, countries, or geographic regions.

You are responsible to ensure that your computer system meets all relevant technical specifications necessary to use the Website and that all persons who access the Website through your internet connection are aware of the Terms of Use and comply with them.

 

4. Information about You and Your Visits to the Website

To access the Website or some of the resources that it offers, we may ask you to provide certain information. You represent that any information that you provide on the Website is correct, current, and complete. All information that you provide, including without limitation through the use of any interactive features on the Website, is governed by our Privacy Policy and Cookie Policy. You consent to all actions that we take with respect to your information consistent with our Privacy Policy and Cookie Policy.

 

5. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Mintel, its licensors, or other sources of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Terms of Use permit you to access and use the Website for your personal, lawful, non-commercial use only. You may not access or use any part of, or any material made available through, the Website for any commercial purpose or by means other than through the interface that is provided by us to access and use the Website. Except for the limited permissions granted above, you acknowledge that you must enter into a separate, written agreement with us in order to license any such material or other intellectual property of ours.

You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, screen capture, download, store, or transmit any of the material on the Website, except as follows:

  • Your computer temporarily may store copies of such material in RAM incidental to you accessing and viewing the material.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • If we provide social media features with certain content, then you may take such actions as are enabled by such features.
  • You may print or download one copy of certain instruction guides, promotional collateral, and FAQ documents for your own personal, lawful, non-commercial use, and not for further reproduction, publication, or distribution.

If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Use, then your right to use the Website will cease immediately, and you promptly must, at our option, return or destroy any copies of the material that you have made. No right, title, or interest in or to the Website or any material on the Website is transferred to you, and all rights not expressly granted are reserved by us. We may terminate or suspend your access to any part of the Website for any or no reason, including without limitation any violation of the Terms of Use, with or without notice. Any use of the Website not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

 

6. Trademarks

The Mintel name and all related names, logos, product and service names, designs, and slogans are trademarks of Mintel or its affiliates or licensors. You will not display or use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. You should infer no affiliation, sponsorship, recommendation, or endorsement from the use of third party marks on the Website because such marks are used solely to designate certain products or services as belonging to their owners.

 

7. Prohibited Uses

Except as otherwise permitted by the Terms of Use, you will not use the Website:

  • In any way that violates any applicable local, state, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom or other countries).
  • To engage in any conduct that, as determined by us, may harm us or other users of the Website or expose us or them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website or interfere with, restrict, or inhibit any other party’s use or enjoyment of the Website, including their ability to engage in real time activities through the Website.

Additionally, you will not:

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

If the Website contains links to other websites and resources provided by third parties, then these links are provided for your convenience only. We are not responsible for the availability of such other websites or resources, and we have no control over and do not endorse them. We accept no responsibility for any content, advertising, products, or other material on or available from such other websites or resources or for any loss or damage that may arise from your use of them. If you decide to access any third party website linked to the Website, then you do so entirely at your own risk and subject to the terms and conditions of use for such other website.

You may not frame, link, or deep-link the Website except for the home page to any other website without our prior written consent. If you wish to frame or to set up a link or deep-link to the Website, then please contact info@mintel.com. Even if we grant such consent, we reserve the right, in our sole discretion, to require that you remove from your website any link to the Website, and you agree immediately to remove such a link upon receipt of our request.

 

9. Disclaimer of Warranties

We cannot and do not guarantee or warrant that any material on the Website or any files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and maintaining a means external to the Website for reconstruction of any lost data. 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 WEBSITE OR TO YOU DOWNLOADING OR ACCESSING ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED AT YOUR OWN RISK, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, CURRENT, COMPLETE, TIMELY CORRECTED, SECURE, RELIABLE, VIRUS-FREE, ERROR-FREE OR UNINTERRUPTED, OF GOOD QUALITY, SUITABLE, OR AVAILABLE.

THE FOREGOING AFFECTS NO WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

10. Limitation on Liability

IN NO EVENT WILL MINTEL, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, NO MATTER WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

11. Indemnification

You will defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms of Use, your use of the Website, including, but not limited to, use of any material accessed through or contained on the Website, other than as expressly authorized in the Terms of Use, or your violation of any law or the rights of another.

 

12. Submissions

We appreciate and welcome your feedback on the Website and our services and constantly seek to improve the quality of the Website and those services in order to benefit you and our customers. However, by submitting ideas, suggestions, documents, or proposals (“Submissions”) to us through any suggestion, feedback, or contact webpage, you acknowledge and agree that: (a) your Submissions contain no confidential or proprietary information; (b) we are under no obligation of confidentiality, express or implied, with respect to the Submissions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions automatically become our property without any obligation by us to you; and (f) you are unentitled to any compensation or reimbursement of any kind from us under any circumstances.

 

13. Miscellaneous

13.1. Governing Law and Jurisdiction

All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of England, and the parties submit to the exclusive, personal jurisdiction of the English courts located in London, UK, provided that we may bring any suit, action, or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.2. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13.3. International Use
Neither we nor our affiliates make any representation that any material, features, or services on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. If you choose to access the Website from other locations, you do so on your own initiative and are responsible for compliance with local laws.

13.4. Waiver and Severability
No waiver by us of any term or condition in the Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. No failure by us to assert a right or provision under the Terms of Use will constitute a waiver of such right or provision.
If a court or other tribunal of competent jurisdiction holds as invalid, illegal, or unenforceable any provision of the Terms of Use, then such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13.5. Entire Agreement; Section Titles; Assignment
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. We freely may assign the Terms of Use and any policies and other documents incorporated or referenced in them (including all rights, licenses, and obligations under any of them), in whole or in part and without notice.

13.6. Your Relationship with Us
By making the Website available to you, we neither create nor imply any business, confidential, fiduciary, or other relationship between you and us, and no such relationship exists absent a separate, written agreement with us.

13.7. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website or our services may be directed to this email address: info@mintel.com.

 

Last Modified: 26 December 2017
© 2017 Mintel Group Ltd. All worldwide rights reserved.