GWI Waterdata Terms and Conditions
The terms and conditions for users of https://www.gwiwaterdata.com/ and for subscribers to GWI WaterData are outlined below (“Terms”). These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
These terms were most recently updated on 6 February 2020
1.1 About Us
The product GWI WaterData and the Website https://www.gwiwaterdata.com/ has been developed by, and is the property of the Media Analytics Limited group of companies (“GWI”, “we”, “us”) as detailed below.
Holding company and main office (UK)
Media Analytics Limited Registered in England and Wales. Company Registration Number 04412085 Registered Office: Kingsmead House Suite C, Oxpens Road, Oxford, Oxfordshire, OX1 1XX VAT Number: 799 920359
Fully owned subsidiaries:
American Water Intelligence Inc (USA) Registered in the state of Texas, US Federal Tax ID Number: 27-3460611
Global Water Intelligence (Shanghai) Limited: 上海寰水商务咨询有限公司 Company Registration Number: 91310000MA1FP6D75R
1.2 Contacting Us
You can contact us by
- telephoning +44 (0) 1865 204208
- emailing us at email@example.com
- writing to us at our registered office address above.
If you are a subscriber, or have signed up for any service on our Website such as a Free Trial (as defined in clause 22.214.171.124 below), and we need to contact you we will do so by telephone, email or post using the details provided to us by you when you subscribed.
1.3 What's in these Terms
These Terms tell you the rules for using our websites and for subscribing to our products as set out below (together our “Websites”).
|Our Websites||Our Products|
|https://www.globalwaterintel.com||Global Water Intelligence Magazine|
|https://www.desalination.com||Water Desalination Report|
|https://www.globalwatersecurity.org||IDA Water Security Handbook|
By using our Websites and/or by applying to take out a subscription with us you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Websites or apply to subscribe to our products. We recommend that you print a copy of these Terms for future reference.
You are also responsible for ensuring that all persons who access our Websites through your internet connection and / or all users on your subscription(s) are aware of these Terms and that they comply with them.
1.5 Changes to Terms
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
Users of our Websites (including subscribers) should check these terms every time they wish to use the Websites to ensure they understand the Terms that apply at that time
Subscribers to our products will be notified by email of any changes to the terms and conditions of their subscription (‘Subscription Terms’) where they are applicable to them and they will also be updated on the Website.
1.6 Limitation of Loss and Indemnity
Nothing in these Terms limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
Subject to clause 1.6.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use our Websites; or
- use of or reliance on any content displayed on our Websites.
In particular we will not be liable for
- Loss of profits, sales, business, or revenue;
- Loss of agreements, contracts or business opportunity;
- Business interruption;
- Loss of anticipated savings;
- Loss of use or corruption of software, data or information;
- Loss of or damage to goodwill or reputation;
- Any indirect or consequential loss or damage.
Where you have taken out a subscription to GWI WaterData and subject to clause 1.6.1, our total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Subscription Fees (as defined below).
You will indemnify us against any losses incurred by us or damages, account of profits and/or costs awarded against us in any action arising as a consequence of the breach by you of clauses 2.3, 2.6, 2.7, 3.4, and 3.8 of these Terms.
To the extent permissible by law, we exclude all implied conditions, warranties, representations or other terms, whether implied by statute or otherwise, that may apply to our subscription products, Websites or any content on them.
The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by the law, excluded from these Terms.
This clause will survive the termination of these Terms.
1.7 Entire agreement
Together, these Terms and the application form for your Subscription (if applicable) is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
1.8 Assignment and Transfer
We may assign or transfer our rights and obligations under these Terms to another entity.
You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
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.
1.11 Third Party Rights
This contract is between you and us. No other person has any rights to enforce any of its terms.
1.12 Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.
2. Website Terms
2.1 Account Details
If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at firstname.lastname@example.org
2.2 Website Availability and Access
While we take all reasonable care to ensure that our Websites are always available and functioning, we do not guarantee continuous, uninterrupted or secure access to our Websites, or any content on them. We may suspend or withdraw or restrict the availability of all or any part of our Websites for business and operational reasons.
We will use reasonable endeavours to ensure that subscribers are notified about planned downtime on our Websites which mean that subscriber-only content will not be available at any time.
Our Websites are provided on an ‘as is’ basis and we do not guarantee that they will be accessible by any particular browser, operating system or device.
2.3 Use of our Material, Intellectual property rights and Copyright.
2.3.1 Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Websites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our Websites must always be acknowledged, this includes when content on our Websites is used for the purposes of presentation.
2.3.2 Free to access content
You may print off copies and download extracts of any free-to-access page(s) from our Websites for your personal use.
You may draw the attention of others within your organisation to the content posted on any free-to-access pages of our Websites.
Except where another owner of intellectual property rights is specifically attributed or credited on our Websites, and subject to clauses 126.96.36.199 and 188.8.131.52, you may print off copies and download extracts of any free-to-access page(s) from our Websites for commercial use if the particular Website used is fully and properly credited with the appropriate accreditation set out in clause 2.3.5.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Where graphs or other data is used for the purposes of presentation, any logos and source data must be kept intact.
2.3.3 Subscriber Only content
Use of the content in the ‘subscriber only’ sections of our Websites (“Subscription Content”), is only for the use of active subscribers as defined in clause 3 below, their authorised users, and those who have applied for and been accepted for a Free Trial (as defined below), but only whilst such Free Trial is active.
A Subscription entitles subscribers and their Users to do the following:
- view and store content available in the ‘subscriber only’ sections of the Website on any compatible device for your personal use or for the internal purposes of your business’ subscribing office(s), so long as the device you are using, and the connection your device has to the Website, does not allow access to subscriber only content by any person who is not an active subscriber or an authorised User on the subscription, either directly or through another device networked or otherwise connected.
- print single copies of articles on paper for personal use.
- share links to articles on our Website by using any sharing tools we make available.
- subject to clause 184.108.40.206, republish or redistribute brief extracts of the Subscription Content if the particular Website used is fully and properly credited with the appropriate accreditation set out in clause 2.3.5.
You may not
- use extracts that promote or endorse any product or service other than ours.
- copy the subscription content from our Website except as set above.
- republish or redistribute full text articles, images or other materials, including by republishing them in any media, including websites, reports or newsletters.
- Use any Subscription Content to create a derivative work, including any product or service that competes with our products or services, or which creates revenue from the use of our Subscription Content to the detriment of our own ability to make a charge for access to that content.
- modify the paper or digital copies of any materials you have printed off or downloaded in any way, or use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Where graphs or other data is used for the purposes of presentation, any logos and source data must be kept intact.
- subject any Subscription Content to derogatory treatment or use it in such a way that would bring us into disrepute or cause us to incur liability to any third party.
- Use spidering technology or datamining technologies to search and link to our Website.
- Remove the copyright notices from any of our materials; or
- Frame, scrape or harvest the Subscription Content or otherwise access the Subscription Content for similar purposes.
A free trial allows users restricted access to parts of the subscriber-only areas of the Website for up to two (2) weeks only following a Demo of the full site by one of our team (“Free Trial”). Free Trial users are to use the subscriber-only areas in accordance with clauses 220.127.116.11 and 18.104.22.168.
You will immediately cease all use of any such extracts if we notify you that we believe you are creating, republishing or redistributing summaries outside of these restrictions.
2.3.4 Intellectual Property Rights in Subscriber Content
All intellectual property rights in or arising out of or in connection with any Subscription (other than intellectual property rights in any materials provided by you) are and shall remain vested in us and our licensors, and, save as specifically provided in these Terms, no rights in the materials and data in the Subscriber Area will pass to you under these terms.
If you take out a Subscription with us, you shall take all appropriate measures (in consultation with us where appropriate) to safeguard our intellectual property rights arising out of or in connection with the Subscription and you shall promptly notify us of any infringement, or suspected infringement, of any of our intellectual property rights in or arising out of the Subscription which comes to your notice.
GWI WaterData and any other product or service name or slogan or logo contained in https://www.gwiwaterdata.com/ are trademarks of ours and our subsidiaries or associates and may not be copied, imitated or used, in whole or in part, without the prior written permission of us or the applicable trademark holder.
2.3.5 Crediting our Content
The below table sets out the appropriate accreditation to be used for each Website when crediting extracts of contents from our Websites.
|Global Water Intelligence Magazine||© globalwaterintel.com, Media Analytics Ltd|
|DesalData||© DesalData.com, Media Analytics Ltd|
|GWI WaterData||© GWIWaterData.com, Media Analytics Ltd|
|Water Desalination Report||© desalination.com, Media Analytics Ltd|
|Ultrapure Micro||© UltrapureMicro.com, Media Analytics Ltd|
|Global Water Security||© globalwatersecurity.org, Media Analytics Ltd|
2.3.6 Material licenced from third parties
Where another owner of intellectual property rights is specifically attributed or credited on our Websites, you may not download, store, disseminate, republish, reproduce or translate such attributed or credited material in whole or in part in any form without the prior permission of the attributed or accredited rights holder. We will not supply contact details of any attributed or accredited rights holder.
2.3.7 Breach of intellectual property rights / copyright
You may not use, copy, download, rent, lend, lease, sell distribute, transmit or otherwise transfer any of the data or materials contained on the Website or any copy, modification, translation or adaptation of any such data except as permitted by law or expressly set out in these Terms.
You may not reverse compile disassemble, reverse engineer or create derivative works based on all or any portion of the data or materials contained on the Website except as expressly set out in these Terms.
If you print off, copy or download any part of our Websites in breach of these Terms, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
2.4 Reliability of content on our Websites
The content on our Websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our sites.
Although we make reasonable efforts to update the information our Websites, we make no representations, warranties or guarantees, whether express or implied that the content on our Websites is accurate, complete or up to date.
2.5 Links to 3rd Party Websites
Where our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. While we would never knowingly link to a website which we believed to be trading in bad faith, such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
2.6 Linking to our Websites
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Websites on any website that is not owned by you.
Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page.
If you wish to link to or make any use of content on our Websites other than as set out in these Terms or under any subscription you have with us, please contact email@example.com
We reserve the right to withdraw linking permission without notice.
2.7 Viruses and Malware
While we make every effort to ensure that our Websites are free from viruses, malware or other harmful matter, we do not guarantee this. You are responsible for configuring your IT, computer programmes and platform to access our Websites. You should use your own virus protection and anti-malware software.
You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites are stored, or any server, computer or database connected to our Websites.
You must not attack our Websites via a denial-of-service attack or a distributed denial-of-service-attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with the authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.
3. Subscription Terms
3.1 Who this clause 3 applies to
This clause 3 applies to the order by you and supply by us to you, of a subscription to GWI WaterData (“Subscription”). It is in addition to ‘clause 1 - ‘General’ and clause 2 - ‘Website’ above. Except for clause 1 - ‘General’, clause 2 - ‘Website’ above and any application form for your Subscription, the terms in this clause 3 apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
This clause 3 is intended for business to business transactions (i.e. where you are a business, or a person acting for purposes relating to your trade, business, craft or profession, whether you are acting personally or through another person acting in the trader’s name or on the trader’s behalf).
By submitting an application to take out a Subscription with us, you are agreeing to the application of these Terms.
3.2 Applying for a Subscription
Applications for a Subscription to GWI WaterData can be made by contacting our Sales Team by emailing firstname.lastname@example.org or by calling them on +44 (0)1865 204208
Our acceptance of your Subscription application will take place when we email you to confirm your Subscription is active, at which point, and on which date a contract will come into existence between you and us.
If we are unable to accept your application for a Subscription, we will inform you of this in writing and will not charge you for the Subscription.
Your Subscription will be active until it expires or is terminated for any reason.
3.3 Our contract with you
Each subscription to GWI WaterData (“Licence”) entitles the subscriber the registration of multiple users, the number of which is specified in the contract with the subscriber at the time of purchase, each having the right to access the subscriber only content and tools on the Website for the term of the subscription.
Subscribers have full access to GWI WaterData content on the website, but may need to purchase additional subscriptions to access content from other products published by Media Analytics (including but not limited to content from DesalData.com and Globalwaterintel.com), and are made available through the website.
Subscribers are those who have applied and been accepted by us for a subscription to GWI WaterData.
In consideration of the payment of Subscription Fees as detailed in clause 3.7, and the acceptance of the obligations set out in these Terms, your Subscription will enable you to access parts of the Website which are accessible by subscribers only (“Subscriber Areas”). Your Subscription includes a non-exclusive and non-transferable licence to access the Subscriber Areas and use the materials available therein under the conditions specified in these Terms (“Licence”).
We will grant you the Subscription for the Subscription Term (as defined below). Unless agreed otherwise your Subscription will be active for 12 months from the date of our acceptance of your subscription application (“Subscription Term”).
The Licence will be for such number of users as specified in clause 3.3.1. You may not sub-license, assign or otherwise transfer the Licence.
Other than expressly permitted in these Terms, you shall not use, access or allow any third party to access or use the Subscriber Areas.
Nothing in these Terms will prevent us from accessing or licensing others to access the Subscriber Areas or using the materials available therein.
3.5 Subscription Renewals
Your Subscription will be active for the Subscription Term agreed – usually 12 months from the date of our acceptance of your subscription (Start Date).
Your Subscription will not automatically renew. We will contact you up to three months before and no later than one month before the expiry of your Subscription with a renewal quote and details of how to renew your subscription.
If you do not wish to renew your Subscription, we will deactivate your Subscription upon its expiry at which point your renewal quote will also expire. You may contact us at any point after that and request a new quote to renew.
3.6 Cancelling your Subscription
You may cancel your Subscription at any time if you notify us by email to email@example.com. We will email you to confirm we have received your cancellation, at which point your cancellation will be effective. You will not be entitled to receive a refund of any Subscription Fees (as defined below) already paid.
3.7 Subscription Fees
In consideration of us providing the Subscription you must pay Subscription Fees in accordance with this clause 3.7 (Subscription Fees).
The Subscription Fees are the prices quoted in the email sent to you following an enquiry about a licence.
Unless otherwise stated, Our Subscription Fees are exclusive of VAT. Where VAT is payable in respect of some or all of the Subscription you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Subscription Fees
Where application for a subscription is made, we will send an invoice or a pro-forma invoice with details of how to make payment and agreed payment terms.
3.8 Your Obligations
- The person applying for the Subscription is duly authorised on your behalf;
- You obtain and maintain all necessary permissions and consents for the subscription, which may be required from within your organisation, before the date on which the Subscription is to start;
- You provide us with all information we may reasonably require in order to supply the subscription, and you ensure that the information provided to us is complete and accurate;
- You notify us in writing immediately (at any time during the Term of your Subscription) if there is any correction or update to the information you have provided to us in relation to your Subscription.
- All users on your Subscription are authorised personnel which we have added to your Subscription at your request (your ‘User List’), and only these users shall have access to the Subscriber Areas of the Website through individual logins and passwords which we will create for each user you provide us details for;
- Users do not share their login and password details with any other personnel not on your User List or with third parties. You agree to indemnify us from and against any loss, liability, damages or costs to us or third parties from your failure to comply with this obligation.
- You notify us in writing immediately if a user’s login or password have been compromised. We will then instruct the user on how to reset their password or if necessary, we will issue a new password; and
- At all times throughout the Subscription Term, the users under the Licence access and use the Subscriber Areas of the Website in accordance with these Terms.
- We will be entitled to suspend provision of the Subscription until you fulfil your obligations; and
- We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failures or delay to provide the Subscription.
- you commit a material breach of any of these Terms and (if such a breach is remediable) fail to remedy that breach within 28 days of you being notified in writing to do so.
- you fail to pay any amount due under these Terms on the due date for payment.
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business.
You will not be entitled to any refund on the termination of your Subscription and these Terms.
Subject to clause 1.12, termination of your Subscription and these Terms will not affect your or our rights and remedies that have accrued as at termination.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.