Terms & Conditions
Terms & Conditions
- 1.2. This Agreement is entered into between Insight Retail Group Limited, company number 03285833 registered in England having its registered office at 3 Churchgates, Church Lane, Berkhamsted, HP4 2UB (“Insight”) and you (“User”);
means Insight Retail Group Limited trading as Insight DIY
means the annual fee payable by a User in accordance with Insight’s price list from time to time based on the number of user licences acquired by the User;
Restricted Access Areas
means the areas of the Website which can be accessed by Users who have paid the Subscription Fee(s);
means these terms and conditions of this Agreement; and
means the website to be found at www.insightdiy.co.uk and which provides market information in relation to home improvement, housewares and gardening industries.
- 1.4. Insight may amend the Terms from time to time. The amended terms shall appear on the Website. Users’ continued use of the Website shall imply acceptance of the Terms and if Users does not accept the Terms, they should notify Insight in writing.
2. Use of the Website
- 2.1. Access to the Website is permitted on a temporary basis, and Insight reserves the right to withdraw or amend the service it provides on the Website without notice (see below). Insight will not be liable if for any reason the Website is unavailable at any time or for any period.
- 2.2. When using the Website, the User must comply with the provisions of the Website’s acceptable use policy.
- 2.3. Users are responsible for making all arrangements necessary for them to have access to the Website. Users are also responsible for ensuring that all persons who access the Website through the Users’ internet connection are aware of the Terms, and that they comply with them.
- 2.4. Insight shall use reasonable efforts to keep the information and data on the Website up to date and accurate but it does not warrant and excludes all liability in respect of the accuracy, completeness or the use to which such information may be put by Users. If Users intend to make business decisions based upon information or data it has obtained from the Website which it has not purchased, they should use the Website as a starting point only and seek the appropriate professional advice before making such business decision.
- 2.5. Insight does not warrant free and uninterrupted use of the Website and may at its discretion restrict the availability of the Website either generally or in relation to specific Users. If Users encounter faults relating to the functionality of the Website, they should contact Insight by e-mail at the following address:firstname.lastname@example.org.
- 2.6. If Users use the Website in a way that could be deemed illegal, unlawful or offensive, Insight shall have the right to terminate this Agreement and suspend such Users’ access to the Website.
3. Fees and Activation
- 3.1. In consideration for payment of the Subscription Fee, Insight shall make available to a User access to Restricted Access Areas in accordance with the Terms;
- 3.2. The Subscription Fee may be paid either using the online payment facility provided on the Website or by payment of an invoice rendered to the User on its terms;
- 3.3. A User’s annual subscription shall last for 12 months from the date that the Restricted Access Areas is accessible to the User;
- 3.4. [Insight shall provide the User who has paid the Subscription Fee with a username and a password for each user of the Website];
- 3.5 .If the User chooses, or is provided with, a username, user identification code, password or any other piece of information as part of the Website’s security procedures (“Security Information”), the User must treat such information as confidential, must not disclose it to any third party, and shall indemnify Insight for any loss, damage or claim of whatever nature relating to its use. Insight has the right to disable any user identification code or password, whether chosen by the User or allocated by Insight, at any time, if in Insight’s opinion the User has failed to comply with any of the Terms. In addition, the User may be liable to pay additional Subscription Fees if it can be shown that Security Information assigned to it has been made available to another party.
- 3.6. The User shall immediately notify Insight if it becomes aware that a third party has knowledge of the User’s Security Information.
4. Intellectual Property Rights
- 4.1. The trade marks, copyright, design rights, trade names and the “get up” or “look and feel” (“Intellectual Property”) of the Website are the property of Insight. Users shall not have the right (other than to view) to claim any interest in or seek to register an interest in the Intellectual Property or to use, reproduce or imitate the Intellectual Property in any way.
- 4.2. Insight shall grant to Users non-exclusive licences subject to the Terms to use the software that is integral to the provision of the Website using the assigned username(s) and password(s).
- 4.3. The Website may contain Intellectual Property belonging to third parties (where, for example, there is a link to a third party website) and such Intellectual Property shall belong to those third parties.
- 4.4. Users must not modify the paper or digital copies of any materials it has printed off or downloaded in any way, and must not use illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 4.5. Insight’s status (and that of any third party contributors) as the authors of material on the Website must always be acknowledged by Users.
- 4.6. Subject to clause 4.4, Users must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Insight or Insight’s licensors except that Users are permitted to download and use images, videos, graphics and text within their own customer presentations.
- 4.7. If Users print off, copy or download any part of the Website in breach of these Terms, their right to use the Website will cease immediately and they must, at Insight’s option, return or destroy any copies of the materials the Users have made.
- 4.8. Commentary and other materials posted on the Website by Insight (“Commentary”) are not intended to amount to advice on which reliance should be placed unless an unequivocal statement to the contrary accompanies the Commentary and Users purchase the Commentary from Insight in accordance with Insight’s website terms and conditions of supply in which case such terms and conditions of supply will apply. Insight therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
5. Third Party Websites
- 5.1. Although Insight shall exercise a reasonable degree of care in selecting sites to which links appear on the Website, Insight has no control over the content of such sites and does not accept responsibility for their content. Such linked sites are provided “as is” with no express or implied warranty in relation to their content.
- 5.2. Users may link to the Website’s home page, provided Users do so in a way that is fair and legal and do not damage Insight’s reputation or take advantage of it, but Users must not establish a links in such a way as to suggest any form of association, approval or endorsement on Insight’s part where none exists.
- 5.3. Users must not establish a link from any website that is not owned by that User. The Website must not be framed on any other website, nor may Users create a link to any part of the Website other than the home page. Insight reserves the right to withdraw linking permission without notice. The Website from which Users link must comply in all respects with the content standards set out in Insight’s acceptable use policy.
- 6.1. Insight shall be entitled to suspend the services and/or terminate this Agreement if Users:
- 6.1.1. breaches any of the Terms and fails to remedy the situation within 48 hours of a request to do so.
- 6.1.2. breaches a material term of the Terms.
- 6.1.3. becomes insolvent, appoints (or has appointed in respect of it an administrator or receiver) or enters into an arrangement with its creditors or any such arrangement.
- 6.2 The right to terminate the Agreement shall not prejudice any other rights Insight may have against Users.
- 7.1. Although Insight shall exercise a reasonable degree of care and skill in collating the information on the Website, it does not give any warranties as to the accuracy of the information or its suitability for any particular purpose.
- 7.2. Except for death or personal injury arising from its own negligence; its liability for any claim of whatever nature (including contract, tort, economic loss or other direct or indirect loss) under the Agreement shall be excluded to the fullest extent possible in law.
- 7.3. If Users wish to use the information contained on the Website for the purposes of making a business decision, they should undertake sufficient due diligence and obtain professional advice that is reasonably appropriate to the significance of the business decision.
- 7.4. Notwithstanding clause 7.2, if Insight shall be found to be liable for any claim of whatever nature (including contract, tort, economic loss or other direct or indirect loss) brought by a User, Insight’s liability shall be limited to any Subscription Fee paid by the User concerned.
- 7.5. Insight shall not be liable for any breach of this Agreement where the cause of the breach is beyond its reasonable control (examples of such factors include (but are not limited to) lightning, fire, flood, strike, lockout, labour dispute, act of God, war, failure of any telecommunications or computer system).
8. Transactions concluded through the Website
Contracts for the supply of Information formed through the Website or as a result of visits made by Users are governed by Insight’s terms and conditions of supply.
9. Uploading material to the Website
- 9.1. Whenever Users make use of features that allows the uploading of material to the Website, or to make contact with other Users of the Website, the User must comply with the content standards set out in Insight’s acceptable use policy. Users warrant that if any such contribution does comply with those standards the User shall indemnify Insight for any breach of that warranty.
- 9.2. Any material Users upload to the Website will be considered non-confidential and non-proprietary, and Insight has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Insight also has the right to disclose Users’ identity to any third party who is claiming that any material posted or uploaded by such User to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- 9.3. Insight will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by a User or any other Users of the Website.
- 9.4. Insight has the right to remove any material or posting Users make on the Website if, in Insight’s opinion, such material does not comply with the content standards set out in Insight’s acceptable use policy.
10. Viruses, hacking and other offences
- 10.1. Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
- 10.2. By breaching this provision, Users commit a criminal offence under the Computer Misuse Act 1990. Users will report any such breach to the relevant law enforcement authorities and Insight will co-operate with those authorities by disclosing the Users’ identity to them. In the event of such a breach, the Users’ rights to use the Website will cease immediately.
- 10.3. Insight 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 Users’ computer equipment, computer programs, data or other proprietary material due to Users’ use of the Website or to Users downloading any material posted on it, or on any website linked to it.
11. No Partnership
The provision of access to the Website does not constitute the creation of any joint venture, partnership or agency relationship between Insight and the User and neither party shall be entitled to hold itself out as being involved in any such alliance.
12. Entire Agreement
- 12.1. The Terms represent the entire agreement and understanding of the parties in relation to the services to be provided and supersede all other agreements or representations made by either party whether oral or in writing.
- 12.2. No waiver or indulgence granted by Insight of any course of conduct by the User shall be deemed to be an acceptance of such conduct in future or discharge any liability of the User under the Terms.
Any notice required to be given to Insight shall be in writing and sent to Insight Retail Group Ltd, Regents Place, 338 Euston Road, London, NW1 3BT and any notice to be given to the User shall be sent to the postal address or e-mail last made known to Insight by the User.
14. Governing Law
This Agreement shall be governed and interpreted according to English law and the parties hereby submit to the jurisdiction of the English courts.
15. Privacy and Data
- 15.1. Where Insight collects personal information from a representative of the User, it shall hold such information in accordance with the provisions of the Data Protection Act 1998.
- 15.2. Insight may collect information such as name, address, position held with the User organisation, telephone number, e-mail address so that it has contact details for Users in the event that Insight needs to contact Users, for example, in relation to maintenance or interruption of the Website.
16. User Concerns
- 16.1. If Users have any concerns about material which appears on Insight’s Website, please contact email@example.com.
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