1. ABOUT US AND THESE TERMS OF USE

1.1         SimpleInsight Ltd (company number 08831121) (referred to as “SimpleInsight”, “we“, “us” or “our” in these terms), is a company registered in England and Wales and our registered office is at 1 Derwent Business Centre, Clarke Street, Derby, England, DE1 2BU. We operate the website https://www.simpleinsightltd.co.uk (the “Website”).

1.2         We offer the Website, including all information, tools and services available on the Website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

1.3         These terms of use (the “Terms” or “Terms of Service”) set out the terms on which SimpleInsight provides Services to you and on which you agree to use the Website. These Terms apply to all Users, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content. 

1.4         Please review these Terms carefully and make sure that you understand them before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must cease use of the Website and may not use any Services.  

1.5         Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

2. PRIVACY POLICY

Our privacy policy sets out how we will use the personal information you provide to us (the “Privacy Policy”), which can be found here. By using the Website, you consent to the processing of information described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating Account information for accuracy and completeness.

3. DEFINITIONS

3.1         In these Terms and Conditions:

“Account” means the account of a User with SimpleInsight which is created when a User registers with SimpleInsight by completing the registration form available on the Website;

“Customer” means any User who uses Services from SimpleInsight via the Website;

“Event Outside Our Control” means any abnormal and unforeseeable act, circumstance or event beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including but not limited to postal delays, acts of God, flood, drought, earthquake or other natural disaster;

“Services” means visiting the Website;

“User”, “your” and “you” means a user of the Website and/or our Services.

3.2         The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

4. GENERAL TERMS OF USE

4.1         By agreeing to these Terms of Service and by accessing or using the Website, you represent that you have the full authority to act to bind yourself, any third party, company, or legal entity, and that your use and/or interaction, as well as continued use and/or interaction, with the Website constitutes your having read and agrees to these Terms of Use as well as other policies or terms that we may post on the Website. 

4.2         By agreeing to these Terms of Service, you represent that you are over 18 years of age and you have given us your consent to allow any of your minor dependents to use this Website. 

4.3         We reserve the right to refuse any request made by you, to deny access to you or any person for any lawful reason, refuse to provide you with Services, and we reserve the right to close your Account in our sole and absolute discretion for any reason at any time.

4.4         You agree to provide current, complete and accurate Account information for all interactions made on the Website. You agree to promptly update your Account and other information, including your email address, in order for us to be able to contact you as needed. 

4.5         You must not transmit any worms or viruses or any code of a destructive nature while on the Website.

4.6         A breach or violation of any of these Terms will result in an immediate termination of our Services to you.

5. NO WARRANTY AND LIMITATION OF LIABILITY

5.1         The Website and Services are provided “as is” and “as available” for your use without any representation, warranty or condition, whether express, implied or statutory.

5.2         We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions on the Website; any losses or damages arising from the use of the Website including banners, advertisements and pop-ups; any losses or damages arising from downloads from the Website; and any conduct by Users of the Website. 

5.3         You expressly agree that your use of, or inability to use, the Service is at your sole risk. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the Service will be accurate or reliable.

5.4         You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.

5.5         In no event shall SimpleInsight, its shareholders, directors, officers, employees, affiliates, contractors, interns, suppliers, service providers, licensors or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with  your use of the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5.6         SimpleInsight does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of SimpleInsight. 

5.7         If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

5.8         From time to time, we may provide you with access to optional third-party tools (the “Tools”) over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to the Tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the Tools. Any use by you of the Tools offered through the Website is entirely at your own risk and discretion and you agree to be bound by the terms and conditions of such Tools provided by the relevant providers of the Tools.  

5.9         From time to time, certain content, products and services available via our Service may include materials from third-parties.  Third-party links on the Website may direct you to third-party websites that are not affiliated with us. In accessing these third-party websites, you agree to be bound by the terms and conditions of such third-parties and you agree that we are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, websites or services and for any harm or damages related to the purchase of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 

5.10       We will not be liable or responsible for any damages that is caused by or related to an Event Outside Our Control. 

6. TERMINATION

6.1         These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our Services, or when you cease use of the Website.

6.2         We may change or discontinue the availability of the Services and at any time without prior notice. We reserve the right to terminate these Terms for any reason, without notice, and these Terms shall automatically terminate in the event that you violate any of the Terms set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website and will not make any order.

6.3         Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

6.4         If we terminate these Terms in accordance with Clause 13.2, you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof). 

6.5         Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

7.1         We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.

7.2         The Service may contain typographical errors or other inaccuracies or errors that may relate to descriptions, promotions, offers and availability. We reserve the right to correct any errors and inaccuracies and to modify or update the contents of the Website at any time, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to the Website. 

7.3         No specified update or refresh date applied to the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

8. INTELLECTUAL PROPERTY

8.1         The intellectual property rights in all software and content made available to you on or through the Website remains the property of SimpleInsight or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SimpleInsight and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. 

8.2         You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation or material supplied by SimpleInsight or its licensors. No licence or consent is granted to you to use the contents of the Website in any way, and you agree not to use any content of the Website without our written permission. 

9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1         If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us, and that any Comments shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. We are and shall be under no obligation to:

(a) maintain any Comments in confidence;

(b) pay compensation for any Comments; or 

(c) respond to any Comments.

9.2         We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3         You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

10. PROHIBITED USE

10.1       In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content:

(a) for any unlawful purpose;

(b) for any commercial or public setting;

(c) to solicit others to perform or participate in any unlawful acts;

(d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

(e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

(g) to submit false or misleading information;

(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the

Service or of any related website, other websites, or the Internet; 

(i) to collect or track the personal information of others;

(j) to spam, phish, pharm, pretext, spider, crawl, or scrape; 

(k) for any obscene or immoral purpose; or 

(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. 

10.2       We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses set out in these Terms.

10.3       We reserve the right to close an Account if any User is seen to be using proxy internet protocol addresses in order to attempt to hide the use of multiple Accounts, or disrupts any of our Services in any way.

10.4       You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without our express written permission. 

10.5       You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

11. INDEMNITY

You agree to indemnify, defend and hold harmless SimpleInsight and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. SECURITY

Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information from unauthorised use, we cannot guarantee that unauthorised third-parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.

13. ELECTRONIC COMMUNICATIONS

By using the Website, you consent to receiving electronic communications and notices from SimpleInsight. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14. SEVERABILITY

Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15. ASSIGNMENT AND TRANSFER

15.1       We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing or by posting on this Website if this happens.

16. ENTIRE AGREEMENT

16.1       The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

16.2       These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

16.3       Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17. THIRD-PARTY RIGHTS

17.1       These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999. 

18. DISPUTES AND GOVERNING LAW

18.1       You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, SimpleInsight’s advertising or any related transaction between you and SimpleInsight shall be governed by and construed in accordance with English law.

18.2       Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.