- Acceptance of Terms
These terms and conditions (“Terms”) are the terms on which we make available this website (www.tom.rw) and provide the Service to you. Please read these Terms carefully before subscribing. You should keep a copy of these Terms for future reference by printing them or saving a copy to your device.
- Changes to Terms
We may change these Terms from time to time to reflect changes to the Service or for legal, regulatory or security reasons. We will give you reasonable notice of any changes to these Terms. You may end this Agreement by giving us notice by email if we tell you we are going to change these Terms to your detriment.
- The ordering process and order confirmations
Your order constitutes an offer to us to subscribe to the Service. All orders are subject to availability and to acceptance by us. We will send you an email acknowledging receipt of your order. Please note that this does not constitute acceptance by us. The contract for your subscription is formed when we send you a subscription confirmation email.
- Terms used in this Agreement
Words starting with a capital letter uses in these Terms have the following meanings:
- “Agreement” the contract between you and us as set out in these Terms;
- “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Service or fulfilling any of our other obligations under this Agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
- “Service” means the Trendensity dashboard software and/or the TOMRW Index, as further described in section 4.1 below;
- “We/us/our” means Trendensity Limited;
- “Working Days” means a day which is not a Saturday, Sunday or a Bank Holiday in the UK;
- “You/your” means you, the user of the Service.
- These Terms are only available in the English language.
GENERAL INFORMATION ABOUT US
- We are Trendensity Limited, a company registered in England and Wales under registration number 08184661. Our registered address is 5 Minton Place, Victoria Road, Bicester, Oxfordshire, United Kingdom, OX26 6QB.
- If you have any questions, complaints or comments about the Service then please contact us by email at firstname.lastname@example.org.
- We are not currently VAT registered, therefore our VAT number is to be determined.
YOUR USE OF THE WEBSITE/SERVICE
- Registration, Passwords and Security
You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website/the Service and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by email to email@example.com if you become aware of or suspect any unauthorised use of your password or user name.
- Your promises to us
- You confirm that:
- you are over 18;
- if you are acting for an organisation (such as a company or a partnership), you are authorised to enter into these Terms for and on behalf of that organisation (in which case, references in these terms to “you” are to that organisation, and not you personally);
- all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details.
- you will comply with the restrictions on your use of this Website and the Service as set out in these Terms; and
- in relation to any material submitted to or posted on the Website or the Service by you that you have the right to do so and have obtained all necessary licences, consents and/or approvals.
- We do not promise that: (a) you will be able to access or use the Service and/or the Website at all times or locations of your choosing; or (b) any files that you download are free from viruses, contamination or destructive features. Whilst we will provide the Service and the Website to you using reasonable care and skill, outages and unexpected downtime may occur. We do not make any guarantee of uninterrupted service. Access to the Service and/or Website may be suspended temporarily and without notice in the case of system failure, malfunction, maintenance or repair or for reasons reasonably beyond our control (including but not limited to outages or software errors that result from actions taken by social networking websites or third party data providers).
- You acknowledge that the information provided through the Service and the Website is not offered as advice on any particular matter and must not be treated as a substitute for specific investment advice from a suitably qualified professional. In particular, information provided through the Service and this Website does not constitute professional, financial or investment advice, nor our opinion on any matter and must not be used as a basis for making investment decisions. The information provided is no way intended, directly or indirectly, as an attempt to market or sell any financial instrument. Advice from a suitably qualified professional should always be sought in relation to investment decisions.
- You acknowledge that the information provided through the Service and the Website is not an invitation to invest in the shares of any exchange, or constitute or form a part of any offer for the sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or financial instruments, nor should it or any part of it form the basis of, or be relied upon in connection with any contract or commitment whatsoever.
- You acknowledge that we have limited control over the nature and content of information and programs transmitted or received by you or other users of the Service and the Website.
- You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
- If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour you will be responsible for all costs allowable by the courts.
- User conduct
- You agree that in using the Service and the Website you will not:
- use the Service or the Website for any unlawful purpose;
- use the Service or the Website in any way that interrupts, damages, impairs or renders the Service or the Wesbite less efficient;
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate our security measures; and
- advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email.
- Wherever you make use of a feature that allows you to upload content or information to the Service, you must comply with the content standards set out in our Acceptable Use Policy at the bottom of this page. If you suspect that any posts, comments or other content on the Website or the Service breaches our these Terms or our Acceptable Use Policy, you can report it by emailing firstname.lastname@example.org.
- We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have committed a serious breach of these restrictions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
- Closing your account
- We may temporarily suspend or permanently close your user account at any time without providing any reason, however, if we suspend your account for reasons other than your breach of these Terms we will reimburse to you any fees paid by you in advance.
- You can close your account at any time. You may instruct us to close your account at any time by contacting us by email at email@example.com with the username or registered email details of the account you wish to close. Such closure will occur 90 calendar days after our receipt of your request and we will confirm the closure of your account by email. You remain responsible for any activity on your account between your request and the closure of your account by us.
- Our rights
- Your use of the Service, this Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website/Service and its contents.
- You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages, content or materials on the Service or the computer codes of elements comprising the Service or the Website other than for your own use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
- Any use other than that permitted under this section 3.5 may only be undertaken with our prior express authorisation.
- By submitting information, text or other content to us via the Service or the Website, you grant us a right to use such materials at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Service.
- Links to and from other Websites
- You may establish links to the Website provided:
- you link only to the home page of the Website;
- you do not remove or obscure, advertisements, the copyright notice or other notices on the Service or the Website;
- you give us notice of such link by sending an e-mail message to us at the email address contained at section 2.2 above; and
- you stop providing links to the Website immediately if we require you to.
- We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that:
- these links are provided for your ease of reference and convenience only; we do not control such third party websites and are not responsible for their contents;
- our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators;
- we will not be party to any transaction or contract with a third party that you may enter into via such sites;
- we shall not be liable to you in respect of any loss or damage which you may suffer by using those Websites; and
- you agree that you will not involve us in any dispute between you and the third party.
- You may establish links to the Website provided:
About the Service
Trendensity is [a dashboard software as a service offering which enables you to monitor a single or multiple keywords chosen by you in order to track trends around that particular term or company.
- TOMRW Index
The TOMRW index is intended to establish a consistent scoring of social and news media content performance. The index aggregates third party content and provides an active and on-going value, based upon a number of factors including but not exclusively the expressed sentiment within posts, tweets, comments and stories.
- We may make changes to the TOMRW Index algorithm from time to time to enhance or improve the Service and this may potentially alter its results.
- The information and content displayed on the Service is produced as a result of our aggregation of content and information made available by various third party sources. We have no control over this content and information and we are not able to verify the reliability or accuracy of such content. Consequently, you acknowledge that we are not responsible for any content or information redisplayed on the Service or the Website nor do we promise, endorse or guarantee that any such content or information will be accurate or that it will be free from any error or omission.
- We do not promise, endorse or guarantee the accuracy or quality of the inference elements of the Service.
- Companies, names or persons appearing on or referred to on the Service or the Website are not affiliated with or endorse the Service, unless we expressly state otherwise.
- Whilst we will provide the Service to you using reasonable care and skill, outages and unexpected downtime may occur. We do not make any guarantee of uninterrupted service. Access to the Service may be suspended temporarily and without notice in the case of system failure, malfunction, maintenance or repair or for reasons reasonably beyond our control (including but not limited to outages or software errors that result from actions taken by social networking websites or third party data providers).
Commencement of the Service
The Service will commence on [or around the day on which we send you the subscription confirmation email]. In the unlikely event that we are unable to commence the Service within a 30 day period from the day after the day you submit your subscription order, we will give you the option of continuing with the order or cancelling and receiving a full refund of any sums paid.
Operating system requirements
We recommend you use Internet Explorer 9+, Google Chrome, Apple Safari or Mozilla Firefox
The Service charge
- The charges for the Service are as follows:
- Please contact us for individual usage rates for the index.
- All Service charges are inclusive of UK VAT. We may change the Service charge from time to time. [We will give you at least 30 days’ notice of any increase in the Service charge.] If you wish to cancel your subscription to the Service you may do so by giving us 30 days’ notice in writing to Trendensity Ltd, 5 Minton Place, Bicester, OX26 6QB, United Kingdom unless otherwise set out in these Terms.
- Payment for your first month will be debited from your account upon or shortly after we sent you the email confirmation of your subscription.
- You confirm that the credit/debit cqard that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
- We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
Term and cancellation
- This Agreement will begin on the date we send you a subscription confirmation email and will continue for 12 months until we or you terminate or cancel it in a manner set out in this section.
- You agree that once you have accepted these Terms via the subscription process and your access to the Service has begun, you will lose the right to change your mind and cancel the Service. You will still have the right to terminate the Service in the circumstances described in clause 4.5.3 below.
- You may terminate this Agreement by giving us 30 days’ notice in writing to the following address Trendensity Ltd, 5 Minton Place, Bicester, OX26 6QB, United Kingdom. We will refund any full month’s Service charge which you have paid in advance for the Service for the period after the Agreement has ended.
- We may terminate this Agreement by giving you 30 days’ notice in writing by email to your registered email address. We will refund any full months’ Service charge which you have paid in advance for the Service for the period after the Agreement has ended.
- We may also suspend the Service and terminate this Agreement without notice and without refunding any advance payments in the following circumstances:
- if you breach any of your obligations under this Agreement;
- if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time, or if you make an arrangement with your creditors or if your assets are the subject of any form of seizure; or
- if any third party data provider terminates its licence agreement with us.
You expressly agree that the Service will begin as soon as we send you the subscription confirmation email and you acknowledge you will therefore lose the right which you would otherwise have to cancel the Service and obtain a full refund. You may still cancel the Service under clause 4.5.3.
OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
- We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
- You have certain rights under the law. These include that we will provide the Service to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to or will affect your legal rights. For more information about your legal rights contact your local Citizens Advice Bureau or Trading Standards Office.
- If you are a consumer and we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £100. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. In no case shall we be liable for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity.
- If you are not a consumer our total liability to you for any loss or damage arising in connection with this Agreement (including negligence) shall be limited to £100. In no case shall we be liable for loss of business, loss of revenues, loss of goodwill and/or indirect losses.
- You acknowledge and agree that we are not responsible for:
- any losses you incur which are not caused by our breach;
- any contracts which you enter into with any third party in reliance of any information received through your use of the Service;
- the content of any comment or post by any user of the Service;
- any Event Beyond Our Control;
- a failure of any data transmission system that results in:
- the failure of, or damage and destruction to, our central computer system or records, or any part thereof;
- any delays, losses, errors or omissions.
- The information and content provided through the Service does not constitute any kind of advice, recommendation, opinion, or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decision. We therefore exclude all liability and responsibility arising from any reliance placed on such information or content by you or any user, or by anyone who may be informed of any of its contents.
- We do not endorse or guarantee any third party information, content or services offered through the Service and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
- Whilst we use reasonable endeavours to correct any inaccuracies, errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of the Website itself will be accurate or free from errors or omissions.
- Transfer of this Agreement
- We may wish to transfer our rights or obligations or sub-contract our obligations under this Agreement to another other legal entity. You agree that we may do so provided that:
- this will not adversely affect the standard of Service you receive under this Agreement; and
- in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity, your only rights under or in connection with this Agreement will be against the new legal entity and not against us.
- This Agreement is personal to you. You may not transfer your rights or obligations under this Agreement to anyone else.
- We may wish to transfer our rights or obligations or sub-contract our obligations under this Agreement to another other legal entity. You agree that we may do so provided that:
- Ineffective terms If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply. Disputes We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales the laws of England and Wales shall apply and if you live in Scotland, Scottish law shall apply.
PERSONAL DATA AND PRIVACY
ACCEPTABLE USE POLICY
- You may only use our Website and the Service for lawful purposes. You may not use our Website or Service:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware of any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Your posts, comments, contributions and any other material you upload, display, transmit on, to or via the Service or Website must:
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- not be unlawful or illegal.
- Your posts, comments, contributions and any other material you upload, display, transmit on, to or via the Service or Website must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person; be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misinterpret your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, insider dealing, wrongful trading or fraudulent trading.
- If you suspect that any posts, comments or other content on the Website or the Service breaches this Acceptable Use Policy, you can report it by [insert details].
- We accept no liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- We may revise this acceptable use policy at any time by amending this page. You should check this page from time to time to take notice of any changes we make.