TERMS OF USE AND PRIVACY POLICY STATEMENT

Please read these terms carefully. In using this website ("Website") or accessing information from it or providing us with your information, you agree to be bound by these terms as set out below.

1. - Identity

1.1 - This Website is made available to you as an information resource by its proprietor MARKETING INFORMATION SYSTEMS LIMITED ("MKIS") of the MKIS House, Smith Street, Warwick, CV34 4HU, United Kingdom.

1.2 - We are registered as a company in England and Wales under number 04433333.

1.3 - You may use the facilities provided on this Website to make contact with us.

2. - Disclaimers

2.1 - The information viewable by you on this Website is provided for information purposes only and does not constitute any offer to sell (or the acceptance of any offer to purchase) any goods or services.

2.2 - Whilst the information contained on this Website has been compiled in good faith, no representation is made as to its completeness and accuracy.

2.3 - MKIS may make changes to this Website as it feels are appropriate from time to time.

2.4 - MKIS endeavours to keep this Website as accurate and as up to date as possible, but we accept no liability for any errors or omissions.

2.5 - The information contained on this Website is general and does not, and may not be read as providing or offering specific advice of any kind.

3. - Exclusion of Warranties and Liability

3.1 - This Website is provided "as is" for information purposes only and MKIS gives no warranties of any kind either express or implied in respect thereof. Specifically, but without limitation, MKIS does not warrant that:

• you will be able to use this Website,
• or that it will continue to be made available in its current or any other form,
• this Website or any software or material of whatever nature available on or downloaded from it will be free from viruses or defects or compatible with your equipment or fit for any purpose.

3.2 - It is your responsibility to use suitable anti-virus software on any software or other material that you may download from this Website and to ensure that the compatibility of such software or material with your equipment.

3.3 - Any warranties which would otherwise be implied by law (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill or care) are hereby excluded to the fullest extent permitted by law.

3.4 - MKIS will not (subject only to the exclusion provisions below) be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatever nature suffered by you (including, without limitation, direct, indirect or special loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data (inclusive of the costs of recovering such data) or loss of profit), arising from:

• any computer virus, worm or other bug transmitted through this Website,
• your use or inability to use this Website or any documents, services, menus or other navigational facilities, programs, databases or information which are used or found on this Website at any time,
• any error in the provision of this Website,
• your use of and/or reliance on other Websites to which you have gained access by means of hyperlinks published on this Website,
• any inaccurate information published on this Website,
• your failure to comply with any law or regulation that is applicable to you,
• your reliance on any information published on this Website.

3.5 - Nothing in these terms shall operate to exclude or restrict MKIS' liability for either fraud, death or personal injury resulting from MKIS, or its employees' negligence.

4. - Third Party-owned Websites

4.1 - MKIS makes no representation as to the security, quality, compliance with law or propriety of any Website which may be linked to this Website or otherwise accessed through it.

4.2 - MKIS accepts no liability for the content of any loss or damage caused by or alleged to have been caused by the use of or reliance of information contained in such third party websites or any goods or services purchased from them. Such third party websites are independent websites over which MKIS does not exercise any control whether, managerial, financial, editorial or of any other kind. Such third party websites are not in any way endorsed by MKIS.

5. - Intellectual Property Rights

5.1 - All intellectual property rights including, copyright, database rights, patents, registered and unregistered trade marks and design rights and know-how in this Website and in the content (inclusive of any graphics, images, logos, designs sounds and written copy) published on this Website, unless otherwise indicated, are owned by MKIS or, as the case may be, any of its suppliers. This Website, and all content published therein is protected by copyright in the United Kingdom and in other jurisdictions. All trade marks displayed on this Website inclusive of MKIS LOGIC ™ are owned by MKIS and may be registered or be pending registration in jurisdictions across the world. Any use or reproduction of these trade marks is prohibited.

5.2 - You are not entitled and have no licence whether express or implied to reproduce, copy, transmit or otherwise use any MKIS or third party intellectual property except as permitted by law and strictly for the purposes of viewing this Website.

5.3 - You may however view the content published on this Website and print hard copies of material on it for your personal or internal business purposes. You will also be entitled to download certain files from this Website made available for this purpose, which you may then use for your personal or internal business purposes. All other copying whatsoever is strictly prohibited.

5.4 - You may not use MKIS intellectual property or describe or refer to MKIS in any way which would imply or suggest any connection or association between MKIS and your organization.

6. - Privacy and Data Protection – MKIS POLICY STATEMENT

6.1 - We respect your right to privacy with regards to any personal information which you supply to MKIS in accordance with the Data Protection Act 1998 ("the Act"). We are committed to protecting this right by the implementation of procedures relating to the storage and disclosure of your personal information.

6.2 - We collect and retain information from you through this Website to enable us to provide further information or discuss with you the services that we can provide and you have consented to this limited use of your information by registering your interest in MKIS and its services by completing the online/enquiry/feedback form on this Website. Specifically, we may collect information on you through the use of the online enquiry/feedback form basic information as supplied by you (at your sole option) inclusive of your name, email address, telephone/ facsimile numbers, the name and business address of your company and/or employer together with any comments you may have and whether you wish to opt in to receiving marketing emails (or postal mail) from MKIS. You must notify MKIS that you consent to receiving emails for direct marketing purposes. We may collect certain usage statistical information, such as the webpages you have viewed on this Website. MKIS does not collect any credit or debit card details or order details through this Website.

6.3 - We may post additional forms on this Website as part of our own marketing activities to collect any information you may wish to submit to MKIS on a voluntary basis such as personal preferences, web usage trends, usage of third party products and services, performance feedback, opinions and satisfaction information and demographic and other statistical information. If you submit information of this nature to us, you consent to the supply of it by MKIS to its agents and suppliers.

6.4 - Data logged by MKIS from firewalls, web servers, anti-virus software, operating systems and other back-end functions is used to carry out normal security and administrative tasks. Users who abuse, or who in our reasonable opinion are attempting to abuse the system may be identified by these logs. Such users may be blocked immediately from the use of this Website.

6.5 - If you wish to use the LOGIC application software to enable you to process or store information relating to your own customers and contacts by means of this Website, you will be issued with a password conditional upon entry into a specific agreement with MKIS which will cover all aspects of data protection and security relating to your data. Unless you enter such an agreement with us, you are not entitled to use LOGIC to process or store any of your data or data of any of your business partners.

6.6 - With respect to any personal information we collect, MKIS is the data controller for the purposes of the Act.

6.7 - When you contact us and submit your name, email address, other contact details and the nature of your enquiry, such information is made available only to relevant employees of MKIS. We will use it to contact you regarding your interest in our company and you consent to receipt of further communications from MKIS regarding our services and important changes to this Website or other information we think you will find useful. You are entitled to opt out of receiving any further information from us at any time by emailing us.

6.8 - When you access our Website, we may use session cookies (which are deleted when you close your browser) for navigation purposes and to collect certain statistical information such as the particular webpages which you viewed. This is the only information about you which is additional to the information you have voluntarily given to us. We do not use persistent software such as Spyware or Adware on your computer to track your browsing habits or discover more about you or your software or to redirect your browser functions or to feed advertisements from any third parties to you. As required by the Act, we follow strict security procedures in the storage and disclosure of your information to prevent unauthorised access.

6.9 - We may store your details for a period of 2 years to inform you of any developments to our services unless you expressly tell us to delete your information from our system.

6.10 - You have a right to request any information that we may hold about you and to have any inaccuracies corrected. This may be subject to a nominal charge which would be levied only if you make more than one request in any 12 month period.

6.11 - We do not sell, trade or disclose your personal information to others unless we are compelled to do so by court order or orders or acts of any competent authority or for other compelling legal reasons. If we are able to do so without legal restriction, we shall give you advance notice of the fact and attempt to mitigate the situation in consultation with you.

6.12 - We do not transmit any information about you outside the United Kingdom.

6.13 - We may employ other companies and individuals to perform functions on our behalf. Examples include sending post or mail and emails, removing repetitive information from customer lists, analysing data, providing marketing assistance and providing customer services. Such company's individuals will have access to personal information needed to perform these functions but may not use it for any other purposes and are required to process the data in accordance with the Act.

6.14 - MKIS reserves the right to use your company's name as part of a general list for publicity and promotional purposes of MKIS's contacts, customers and users but we shall request your permission before using any name for other promotional purposes. Any public relations statements, notices, press releases or other publications will be agreed with you before publication.

7. - Enforcement

Any failure by MKIS to enforce any of these terms shall not be deemed as a waiver of the right to enforce such term.

8. - Severability

If any provision of these terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable then that provision shall be limited to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.

9. - No Other Terms

These terms supersede any prior or other agreement between the parties whether written or oral.

10. - Jurisdiction

These terms shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction to decide any dispute concerning these terms or the subject matter of these terms.