Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.3 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.4 Notwithstanding Section 3.3, you may redistribute any newsletter we might send from time to time in print and electronic form to any person.

3.5 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Digital products

5.1 The advertising of digital products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.3 Save to the extent expressly provided otherwise, these terms and conditions shall not govern the sale, purchase or licensing of our digital products, or any other matters relating to our digital products. The sale and purchase of digital products through our website, and the licensing of those digital products, will be subject to our digital product terms, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

6. Report abuse

6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

6.2 You can let us know about any such material or activity by email to webmaster@gower.st.

7. Limited warranties

7.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

8. Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:

(a) are subject to Section 8.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

9. Breaches of these terms and conditions

9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our websit;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

10. Third party websites

10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

10.2 We have no control over third party websites and their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. Variation

11.1 We may revise these terms and conditions from time to time.

11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions

11.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

12. Assignment

12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

13. Severability

13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

15.1 Subject to Section 9.1, these terms and conditions of use, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

17. Statutory and regulatory disclosures

17.1 Our VAT number is GB210450566.

18. Our details

18.1 This website is owned and operated by Gower Street Analytics.

18.2 We are registered in England and Wales under registration number 09455007, and our registered office is at 20-22 Wenlock Road, London, N1 7GU, UK.

18.3 Our principal place of business is at Empire Cinemas, 63-65 Haymarket, London.

18.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website.

Article download terms and conditions

1. Introduction

1.1 These terms and conditions shall govern the sale and supply of downloadable articles through our website, and the use of those articles.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3 This document does not affect any statutory rights you may have as a consumer.

2. Interpretation

2.1 In these terms and conditions:

(a) “we” means Gower Street Analytics (and “us and “our” should be construed accordingly);

(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(d) “your articles” means any such articles that you have purchased through our website (including any enhanced or upgraded version of the articles that we may make available to you from time to time).

3. Order process

3.1 The advertising of articles on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3 To enter into a contract through our website to purchase downloadable articles from us, the following steps must be taken: you must click on the articles you wish to purchase, you must consent to the terms of this document; our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4 You will have the opportunity to identify and correct input errors prior to making your order by editing the details in the payment form or clicking outside the payment window to restart your order.

4. Prices

4.1 Our prices are quoted on our website.

4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

5. Payments

5.1 You must, during the checkout process, pay the prices of the articles you order.

5.2 Payments may be made by any of the permitted methods specified on our website from time to time.

6. Licensing of articles

6.1 We will supply your articles to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.

6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive, non-transferable license to make any use of your articles permitted by Section 6.3, providing that you must not in any circumstances make any use of your articles that is prohibited by Section 6.4.

6.3 The “permitted uses” of your articles are:

(a) downloading a copy of each of your articles;

(b) making, storing and viewing copies of your articles on desktop, laptop or notebook computers;

(c) making, storing and viewing copies of your articles on ebook readers, smartphones, tablet computers or similar mobile devices

(d) forwarding your articles to up to 10 employees of the company you work for; and

(d) printing of each of your articles solely for your own use.

6.4 The “prohibited uses” of your articles are:

(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any article (or part thereof) in any format;

(b) the editing, modification, adaptation or alteration of any article (or part thereof), and the creation of any derivative work incorporating any article (or part thereof);

(c) the use of any article (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d) the use of any article (or part thereof) to compete with us, whether directly or indirectly; and

(e) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any article for the purpose of preventing unauthorised use,

providing that nothing in this Section 6.4 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.

6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your articles.

6.6 All intellectual property rights and other rights in the articles not expressly granted by these terms and conditions are hereby reserved.

6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any article.

6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant articles in your possession or control.

6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant articles in your possession or control, and permanently destroy any other copies of the relevant articles in your possession or control.

7. Warranties and representations

7.1 You warrant and represent to us that:

(a) you are legally capable of entering into binding contracts;

(b) you have full authority, power and capacity to agree to these terms and conditions; and

(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

7.2 We warrant to you that your articles will be supplied to you with reasonable care and skill.

7.3 All of our warranties and representations relating to articles are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 8.1, all other warranties and representations are expressly excluded.

8. Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:

(a) are subject to Section 8.1; and

8.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) £2,500; and

(b) the total amount paid and payable to us under the contract.

9. Variation

9.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

9.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

11. No waivers

11.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

11.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

12. Severability

12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Third party rights

13.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

13.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

14. Entire agreement

14.1 Subject to Section 8.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.

15. Law and jurisdiction

15.1 These terms and conditions shall be governed by and construed in accordance with English law.

15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

16. Statutory and regulatory disclosures

16.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

16.2 These terms and conditions are available in the English language only.

16.3 Our VAT number is GB210450566.

16.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

17. Our details

17.1 This website is owned and operated by Gower Street Analytics.

17.2 We are registered in England and Wales under registration number 09455007, and our registered office is at 20-22 Wenlock Road, London, N1 7GU, UK.

17.3 Our principal place of business is at Empire Cinemas, 63-65 Haymarket, London.

17.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website.