Terms & Conditions

 
Website User Agreement for Online Services Provision
 
 
The User Agreement for Online Services Provision (“this Agreement”) is between TD The Market Publishers, Ltd. (“Company”) and any customer(s) (“Customer”), that may each be referred to herein individually as a “Party” or, collectively, as “the Parties”. This Agreement describes the terms and conditions under which the Company renders services (“Services”) to the Customer that has expressed willingness to use our website (“Website”). The use of the Website and the Services by the Customer means complete acceptance, without exclusion, of the below terms and conditions which refer to all individuals and/or entities accessing the Website for any reason. If you do not hereby agree to the terms and conditions of this Agreement, do not use the Website and Services.
Apart from the terms and conditions, this Agreement includes the following appendices:
- Appendix 1. Website Rules of Conduct
- Appendix 2. Website Terms of Use
 
 
1. Definitions.
 
As used in this Agreement, the following terms shall have the following definitions:
a. “Company” means TD The Market Publishers, Ltd. company, (which is the legal entity under the jurisdiction of the USA), as well as its legal successors or cessionaries.
b. “Website” means Company’s Internet website which caters for technical in informational support of the Parties to this Agreement and which is located to the following address: MarketPublishers.com.
c. “User(s)” means any entity(ies) or individual(s) whatsoever using the Website Services in any form and/or registered on the Website.
d. “Customer(s)” means any User(s) whatsoever placing an Order subject to the terms and conditions of the Standard Procedures indicated on the Website.
e. “Developer” or “Researcher” means a physical or legal entity whose Report is displayed on the Website.
f. “Parties” include any Company, Customer(s), Developer or User(s) hereunder.
g. “Report(s)” means a complete market research report, analytical review, or other market research products or materials drawn up by Developer.
h. “Order(s)” means an instruction or instructions of public or private character relating to the purchase of the Report(s) by the Customer(s) and placed on the Website in accordance with the Standard Procedures for Order placing indicated on the Website. A physical or legal entity that has placed the Order is deemed to be a Customer under this Agreement.
i. “Additional Services” means fee-based services provided by the Company to User(s).
j. “Website Standard Procedures” means technically and logically realized course of actions and routine to assist cooperation between the Parties under this Agreement.
k. “Website Rules of Conduct” means the rules which govern all possible interactions between Users on the Website (please see the Appendix 1 to this Agreement).
l. “Website Terms of Use” means the rules which set forth the way the orders are placed on the Website (please see the Appendix 2 to this Agreement).
 
2. Purpose of this Agreement
 
This Agreement is intended to provide User(s) with an opportunity to place Orders on the Website and convey the Reports to the Customers via the Website venue and/or other human/technical resources available to the Company and/or its partners.
 
3. Conclusion of this Agreement
 
1. Once the User clicks the “Register” or “Sign Up” button located at the bottom of the Website’s registration page, this Agreement enters into force in respect of this User. By registering, the User agrees to abide by all terms and conditions of this Agreement.
2. Any use by the User of the resources and Services of the Website means that the User agrees to comply with all terms and conditions set forth in this Agreement.
 
4. Rights of the Customer
 
Subject to the Website Standard Procedures, the Customer has the right to:
1. place the Order;
2. elaborate and clarify the terms and conditions of Services provision by consulting with the Company;
3. receive the Report(s);
4. order Additional Services;
5. cancel the Order prior it is processed, subject to Website Rules of Conduct and this Agreement.
 
5. Responsibilities of the Customer.
 
1. The Customer shall abide by all terms and conditions of this Agreement and Website Rules of Conduct.
2. The Customer shall not place any Orders which may violate the effective legislature of Customer’s country of registration.
3. The Customer shall not circumvent the Company by placing any contact details (including but not limited to telephone number, postal address, e-mail address or other communications data assisting contact) on any Website area with open public access, if these data may be used for the direct link between the Customer and the Developer without the Company participation;
4. The Customer shall provide the Company with the right to use at no expense any information placed by the Customer or User at the Website, subject to confidentiality rules described in the Clause 7 of this Agreement.
5. The Customer shall hereby agree to commit in a bona fide manner to the fulfillment of all responsibilities arising from the use of the Services and Additional Services offered at the Website.
6. The Customer shall not apply any software, robot, device or any other automated or manual process, to monitor, copy, or otherwise publicly display any content of the Website without the written permission from the Company.
7. The Customer shall not copy, transmit, present, reproduce, alter, expand, distribute (including public distribution), transform into other related products (derivatives), or otherwise use in commercial or other purposes the content of the Website (in whole or in any part) without first obtaining the written permission from the Company.
8. The Customer shall not use any devices, software or other means that might disturb the operation of the Website as per the Standard Procedures.
9. The Customer shall not engage in any activities that pose unreasonable or excessive load on the Website infrastructure.
 
6. Rights of the Company
 
The Company reserves the right to:
1. impose, cancel and alter, at its sole discretion, the fee for the Additional Services, subject to Clause 7 of this Agreement;
2. edit and/or delete any contributions, comments or other entries (including Orders) made by User(s) if these entries violate and/or contradict to this Agreement, infringe upon the laws valid in the country(ies) of the User and the Company, as well as in other cases at the Company’s discretion;
3. use and distribute any data provided by Users, subject to Clause 12 of this Agreement. The use of such data is based on non-exclusive rights and is exempt from time and geographical limitations. 
4. deny access, refuse to respond, or otherwise limit usage of the Website, for any reason, at any time.
 
7. Responsibilities of the Company.
 
1. The Company shall provide each and every User with an individually-authorized access to the information designated for this User. However, due to the nature of the Internet and network connections, the Company can not and does not guarantee the availability, functionality, or speed of access to the Website.
2. The Company hereby agrees to accept, process and place Orders on the Website.
3. The Company shall render Additional Services to Users, subject to the payment made.
4. The Company shall duly provide the required support to maintain the interaction and mutual transaction between the Parties, subject to this Agreement.
5. In the event the payment for the Additional Services is imposed/altered/cancelled, the Company shall notify Users in advance by changing relevant documents and by posting special notices at the appropriate areas of the Website. Should any changes occur in the terms and conditions of this Agreement or Website Rules of Conduct, the above notification procedure shall be used. When applicable, direct e-mailing can be applied.
6. The Company shall not disclose any information (including e-mail addresses) obtained from the Users to third party(ies) for the purpose of preventing any “spamming” (unwanted and unsolicited e-mails).
 
8. Liabilities of the Parties
 
1. In the event of any breach or violation of the terms and conditions of this Agreement, the Parties agree to comply with the legislature used in the countries of their location (registration).
2. The Users are liable for authenticity and validity of the data submitted to the Company in conformity with the legislature applicable in the countries of their location (registration) 
3. In the event the Company becomes aware of the serious breach by the User of the terms and conditions of this Agreement, the Company, in its sole discretion, may impose the following sanctions against such User: warning, warning and Website access limitation, Website access termination. Such User is informed about the sanctions by e-mail and/or telephone.
 
9. Limitation of Liability
 
1. The Company shall not be held liable for the quality or topicality of the Reports purchased by Users via the Website. The Company makes no commitment to update the information contained on the Website.
2. The Company is responsible for the interaction of Users only when the Company is directly involved in the actual transaction between Users.
3. The Company is not liable for the accuracy and legality of the information made available by Users and posted online or otherwise distributed through the Website.
4. The Company is not liable for the payment by Users of any taxes levied when they purchase Reports or order Additional Services.
5. The Company can not and does not guarantee against the following, provided that such circumstances are outside of the Company’s control: the Website operation breaks, Services provision delays, loss of information, data, or pictures residing on its computers, resulting from hardware and software breakdowns, and/or human error. Having that stressed, the Company will make all reasonable effort to eliminate such delays, breaks or losses.
 
10. Term
 
1. Online offers arising from this Agreement are effective without limits and continue until the moment of their termination.
2. Time periods during which the Reports shall be provided are indicated in the report description page and/or agreed directly with Customers while the Order is discussed.
3. If the provision of the Report is delayed, the Company shall duly inform the Customer. Further, the Parties agree new term for the Report provision or decide to cancel the Order.
 
11. Ordering and payment method
 
1. The Company accepts the Order after the Customer has filled in a special form on the Website and the Company officers have checked the correctness of the Order placing and confirmed the Order by technical means. In this case, the Customer receives the confirmation of the Order placing. Order processing and its payment are subject to “Website Terms of Use”.
2. The company accepts as valid forms of payment the following:  SWIFT, credit cards, Moneybookers and Web Money systems of electronic payments.
3. The delivery of the Report to the Customer is executed only after the receipt of the full payment for the Report.
4. Should the User order the Additional Services, the payment for them is performed in the same manner as for the ordered Report.
 
12. Confidentiality
 
1. The information the User provides in registration remains strictly confidential to all third parties other than User partner(s) in specific deals. The same applies to the User information obtained during editing contact details. The Company will not release this information to any other parties, unless required by relevant laws. 
2. The above liability indicated in the Clause 12.1 is not applicable to User pseudonyms (or pseudo names) and to the information which User has expressly displayed as open to public access in appropriate Website portions and forms.
3. The above liability indicated in the Clause 12.1 does not also apply to the information on User’s behavior on the Website as well as to the comments and notices made by the User in relevant Website areas and related to the Website or other User(s)
4. The User shall not disclose its password to any third parties. If the password information becomes available to any third party(ies), the User shall immediately change the password. Otherwise, the Company is not liable for the Services rendered to the User.
5. The User shall not disclose to any third parties information on other Users which the User has collected from or via the Website.
 
13. Warranty
 
Each Party herein is solely responsible for the compliance with the obligations hereunder, as well as with terms and conditions publicly declared and/or agreed directly with its partner(s).  
 
14. Force majeure
 
1. Neither Party shall be liable for any failure or delay in performance under this Agreement if such failure or delay is caused by conditions beyond its control, i.e. force majeure circumstances, including but not limited to the Acts of God.
2. The Party affected by force majeure circumstances shall give the other Party(ies) a prompt written notice (including by fax) of the character, nature and expected duration of these circumstances, as well as indicate which obligations are affected and provide a sufficient confirmation of force majeure circumstances. If the duly notification is failed, nonliability due to force majeure circumstances could not be claimed.
3. In the event of the force majeure circumstances which prevent any Party from the execution of its duties as per this Agreement, dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time that such circumstances are effective. If force majeure circumstances are effective for the period of more than two months, the Parties, at the suggestion of a Party, shall agree further ways of this Agreement execution and/or termination.
 
15. Termination
 
1. The User may unilaterally terminate the performance of this Agreement by informing the Website Administration by telephone or by email. In the event of this, the User automatically loses the right to use the Services provided by the Website.
2. The Company, in its sole discretion, reserves the right to terminate this Agreement, any particular service offered at any time, for any reason including but not limited to: breach of the above terms, failure to follow the Website Administration direction, failure to complete transactions, abuse of any methods, tools, or services provided, use of profanity, racial slurs, hate speech and disruptive behavior. 
 
16. Miscellaneous
 
1. All copyright and other rights in the Report(s) purchased by the User shall remain the property of the Developer. The circulation of the purchased Report(s) is permitted only within the User’s company or for non-commercial purposes only. “Non-commercial purposes” herein shall mean purposes which are not for the benefit of any commercial third party. The User shall not pass the Report, in whole or in any part, to third parties without first obtaining the written permission from the Developer.
2. This Agreement is governed by the laws of the USA.
3. All disputes arising out of, or relating to this Agreement, should be first settled out of Court through negotiations. If disputes or claims relate expressly to the quality of the Report(s), the User shall address such claims directly and solely to the Developer.
4. If any disputes, discrepancies or claims arising out of, or relating to this Agreement, including those pertaining to its performance, violation, termination or invalidity, are not settled in conformity with Clause 11.2, this case should be settled in Court of the USA. 
5. The Company may amend this Agreement at any time by posting the amended version of this Agreement on the Website. In addition, the Company will post notices on frequently visited areas of the Website. All amended terms shall automatically become effective after their publication, unless otherwise stated. 
6. In the event of disagreement with the amended version of this Agreement, the User may unilaterally terminate the performance of this Agreement by informing the Website Administration by telephone or by email. In this case, the User automatically loses the right to use the Services provided by the Website. If the User continues to use the Services of the Website in any way, this means that the User agrees to the amended (new or current) version of this Agreement.
7. Unless otherwise stated, all messages to the Administration of the Website should be emailed to the following address: office@marketpublishers.com
Unless otherwise stated, all messages to the User should be emailed to the address indicated under registration.
 
17. Contact details
 
The Market Publishers Ltd.
Office 101, 87-89 Griva Digeni & Nikolaou Centre, Limassol, Cyprus
 
 
Appendix 1 to the Website User Agreement for Online Services
 
Website Rules of Conduct
 
1. The Website is owned by the Company.
2. The Users provide the Company with information by the following means:
a. filling in the Registration Form on the Website;
b. filling in the Order Form on the Website;
c. communicating with other Users via the Website.
d. placing data in any accessible area of the Website;
e. emailing to the Company.
3. The information posted by the User(s) to the Company shall not:
a. be false, inaccurate or misleading;
b. be for the purpose of fraud, cheating or malpractice;
c. breach third party property, commercial secrets or privacy;
d. contain data offending honour, dignity or business reputation;
e. involve slander and/or threats in relation to anyone or sound otherwise objectionable;
f. encourage or condone racial hatred or criminal activities;
g. include vulgarity, adult content, swear words and other language likely to offend;
h. carry computer viruses or other computer programmes that may cause damage, unauthorized access, unlawful interception/appropriation of data from any system, appropriation of a system itself (in whole or partially), unapproved acquisition of personal or other data (including data owned by the Company and incorporated in the Website);
i. foster activities harmful to the Company and the Website, including actions that may lead to partial or full termination of services rendered by Internet and other service providers.
j. contain advertising materials, unless  otherwise agreed with the Company.
k. otherwise break laws and Website Rules of Conduct.
4. The information shared between Users, including the data displayed at frequently visited areas of the Website and transmitted on the User-to-User basis, shall not include contact details such as phone numbers, postal and email addresses or any other particulars that might assist direct link between Customer and Developer in circumvention of the Company. The only exception from this rule is paid-for advertisements placed by the User subject to agreement with the Company.
5. The User hereby endows the Company with the right to use, at no expense to the Company, all data provided by the User to the Company (such data may include existing and future intellectual property rights). The use of these data is subject to the terms and conditions of this Agreement; such use is based on non-exclusive rights and is exempt from time and geographical limitations. The Company may concede the above rights to third parties.
6. The Company has a right to apply any storage media (that currently exists and may appear in future) to operate with the data provided by the Users. The use of these data is subject to the terms and conditions of this Agreement.
 
Appendix 2 to the Website User Agreement for Online Services
 
Website Terms of Use
 
1. Registration
 
1. In order to place an Order and use other Services offered by the Company via the Website, it is required to register on the Website.
Registered Customers will obtain the following:
- the right to place an Order and purchase the Report(s) via the Website;
- access to the information on new and coming entries;
- full participation in Customer Rewards Discount Programme; 
- personalized services.
 
2. Ordering
 
Ordering is performed by the following methods:
 
A.      Online at the Website MarketPublishers.com
Click ‘Add to basket’ on the page with a Report(s) that you wish to purchase. As a result, the selected Report(s) will be added to the basket. Then you can make a final Order by clicking ‘Checkout’. You will be offered available payment methods. Please choose the appropriate one and follow the next instructions. Your Personal Consultant will contact you within 24 hours and will execute the delivery of the Report(s) to the address you indicated.
 
B.      By telephone +44 20 8123 2220 (Europe), +1 732 587 5005 (USA)
If you have any questions about our Reports or wish to make an Order, please call our Support Centre at +1 732 587 5005.
 
C.      By e-mail orders@marketpublishers.com
You can send a message with your Order to our e-mail: orders@marketpublishers.com. Please indicate Report(s) title, delivery address, banking details and preferred payment method. Your Personal Consultant will contact you within 24 hours and will execute the delivery of the report(s) to the address you indicated.
 
3. Custom-tailored Reports
 
Subject to the Customer’s wish, the Report can be “custom-tailored”.
If a Customer intends to order a custom-tailored Report, it is necessary to use a form located at the relevant Website area or send a letter describing this Order to the following address: orders@marketpublishers.com. Please indicate brief description of the required Report, delivery address, banking details and preferred payment method. Your Personal Consultant will contact you within 24 hours and will execute the delivery of the Report(s) to the address you indicated.
 
4. Shipping information
 
Delivery of the Reports to the Customer is executed in the following ways:
 
A. By e-mail (in electronic form)
The report in electronic form (PDF format) will be sent to your e-mail address. The standard delivery period is 24 hours, but in a number of cases express delivery within 2 hours is possible. In the event of an extra urgent Order, please contact your Personal Consultant or call the Support Centre, and we will put our best efforts to meet your requirements.
Note: Time zones may slightly affect the delivery period. Our company’s work hours:  8.00 - 18.00 GMT-0 (UK time zone), but a number of our Researchers are located in other time zones which may result in certain communication delays.
 
B. Mail delivery 
Paper (and/or CD-ROM) version of the report can be shipped to your mailing address (the Company currently uses DHL or EMS as its shipping partners). For shipping rates, please contact your Personal Consultant.
 
5. Payment methods
 
The following payment methods are used to pay for the Report(s):
 
A. Payments by bank transfer (SWIFT)
Once your Order is placed, click ‘Invoice’ to get the invoice where relevant banking details and the list of ordered Report(s) are indicated.
The payment is made in USD. If payment in other currency is required, please contact your Personal Consultant who will arrange appropriate documents. 
Note: SWIFT transfers may take 2-3 days which you should take into consideration when you order the Report(s). 
 
B. Credit card
The Company currently accepts Visa, MasterCard, American Express and Diners Club credit cards as valid forms of payment.
Note: Please mind a 5.5% commission on each transaction. It is advisable to use credit card payments only in case of urgency.
 
C. Systems of electronic payments: Moneybookers and Web Money
If you decide to use one of these payment systems, please indicate the selected system in payment options and follow the next instructions.
 
6. Delivery moment
 
Report is delivered only after full payment arrives. 
 
7. Accompanying documents
 
For bookkeeping purposes we may provide a Customer with an Invoice in original and/or other relevant documents.
Please contact your Personal Consultant for all issues connected with the preparation of documents.
 
8. Customer Rewards Discount Programme
 
Registered Customers can participate in Customer Rewards Discount Programme  and obtain the following Rewards (Points) Discount Cards:
 
Premium Card
After you purchase a Report and sign into the Website MarketPublishers.com, you will receive a Rewards Discount Card known as a Premium Card, which will allow you to purchase all further ready-made Reports at a 5% discount.
 
Corporate Card
Active corporate Customers can get a special Corporate Card, which will enable them to have a 10% discount on the purchase of ready-made Reports and 5% discount on made-to-order market studies.
Customers that place annually not less than 5 Orders can qualify.
 
VIP Card
Corporate Customers with a large volume of Orders can get a VIP Card, which will guarantee them a 15% discount on ready-made Reports and 10% discount on made-to-order market studies.
Customers that make annually not less than 25 orders can qualify.
 
Special Offer - $ 100 FIRST PURCHASE BONUS DURING ALL WINTER 2011*
* – USD 100 first purchase bonus is available only for customers registered at MarketPublishers.com. The price for the first order must exceed USD 1000. The offer is not valid for the reports by Venture Planning Group and ScanRealty.
 
Appendix 3 to the Website User Agreement for Online Services - ORDERS/RETURN POLICY
 
Once you place an order for a product listed on our website, payment for that product becomes due and owing immediately. Notwithstanding the fact that the product will not be despatched until money is received in full, you are liable to pay to TD The Market Publishers, Ltd. all money due on foot of the order. Once we receive your order we have to purchase the product from the publisher, process the payment and arrange the shipping. Because of this element of work involved, we regret that it is not possible for an order to be cancelled once it is submitted. TD The Market Publishers, Ltd. will not be responsible for any delay or failure to comply with our obligations under our contract with you where such delay or failure arises from any cause which is beyond our reasonable control.
 
The nature of the information being sold means that TD The Market Publishers, Ltd. cannot accept returns of products once they have been dispatched.
 
As a distributor of content published and supplied by third parties, TD The Market Publishers, Ltd. has no editorial control over said content. Such content expresses the opinions, the advice, the services, the offers, the statements, or other information of the authors, and not of TD The Market Publishers, Ltd.
 
Appendix 4. Privacy Policy
 
The Company takes User’s privacy very seriously. This privacy policy has been developed to protect the information gathered from Users of the Website.
 
Website’s web server identifies the domain name and IP address of each User, but not the e-mail address. Website’s log files collect and store domain name information. The Company also tracks information, in aggregate, on pages and features that Users access.
 
Company does not sell such information to any third party. The information collected in such manner may be used only for internal audits, statistical analysis, product development and advertising sales efforts. The Company may disclose site usage information to third parties only in aggregate.
 
Subscribers to Subscription Content as well as Additional Services are asked to provide personally identifiable information (name, e-mail address, job title, company). Company does not share this information with third parties.