Website Terms and Conditions

WHO WE ARE AND HOW TO CONTACT US

www.devartci.com is operated by and on behalf of The Kantar Group Limited and its Affiliates[1]*. We are registered in England and Wales under company number 02887671 and have our registered office at 6 More London Place, Tooley Street, London, SE1 2QY.

The term "Kantar " or "us" or "we" or "our" refers to The Kantar Group Limited and its Affiliates, the owner of this [www.devartci.com] (“Website”). The term "you" refers to the user or viewer of this Website.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement between Kantar and you with respect to the subject matter contained herein.

BY ACCESSING THIS WEBSITE YOU ACCEPT THESE TERMS

By accessing this Website you agree to be bound by these Terms & Conditions ("Terms") which together with Kantar’s Privacy Policy governs the relationship between you and Kantar in relation to, or in connection with, this Website and your use of this Website. Please read the Terms carefully and if you do not agree to be bound by the Terms you should not access or view our Website. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to our Privacy Policy, which also apply to your use of our Website. You can access our Privacy Policy here.

WE MAY MAKE CHANGES TO THIS WEBSITE

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Website and to restrict or prohibit access to it. We will not be liable if for any reason our Website is unavailable at any time or for any period.

Kantar will make such changes by posting them at or on this Website. You should check this Website for such changes frequently. Your continued access of this Website after such changes conclusively demonstrates your acceptance of those changes.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

All pages and content of Kantar and their respective licensors, business partners and/or agents, contained on or within this Website, including without limitation text, graphics, audio, video, photographs, surveys, logos and/or any other material are the intellectual property of, or are authorized for use by Kantar, and/or their respective licensors, business partners and affiliates, including all trademarks, services marks, copyrights, patents and trade secrets contained therein unless otherwise indicated. We are the exclusive owner or the licensee of all intellectual property rights in our Website, and in the material published on it and contained on the Website. Those works are protected by copyright laws and treaties around the world.

Copyright Notice: All rights reserved. We do not authorise you to incorporate any content from this Website in any commercial document or Website, or in any material sold or otherwise made available for profit without our prior written consent. You may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way the content, materials and information made available on this Website, without the prior express written consent of Kantar. Framing or deep linking this Website to a page other than the home page is not permitted without our prior written consent. You may not reproduce or store any part of this Website on any other Website without our prior written consent. Your access does not imply a licence to reproduce, transmit and/or distribute this information or these names, logos, icons and graphics in any form or by any means. If you wish to do any of these things you must first obtain prior written consent from us.

Kantar shall pursue any and all remedies available at law and/or in equity to remedy, restrict, prohibit and punish any violation of the foregoing.

DO NOT RELY ON INFORMATION ON THIS WEBSITE

The information contained in this Website is intended for finding out about our services and general information purposes only. Nothing contained in this Website shall constitute an offer for our services. All contracts for our services must be agreed by us and the instructing party in writing.

Whilst Kantar endeavours to ensure that the information contained on this Website is correct, we make no representations nor give any warranties as to its completeness, accuracy or fitness for any particular purpose. Further, to the fullest extent permissible by law, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. We do not warrant that the information and functions contained on this Website, in the Service or any materials or content contained therein will be completely secure, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. This includes any hypertext links to any Website or other items used either directly or indirectly from this Website. Kantar accepts no liability for any inaccuracies, errors or omissions in this Website and any decisions based on information contained in Kantar's Websites are the sole responsibility of the visitor. Please note that some of the information or data on this Website may have been produced some time ago.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

From time to time this Website may also include or contain (i) links to other Websites maintained and/or operated by third parties, and/or (ii) information about products or services offered by third parties. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every site that you visit. We are not responsible for the practices or the content of such other sites or services. Despite any links that might exist on the Website, we do not endorse and are not affiliated with such third parties. Kantar hereby disclaims any and all liability, responsibility and/or accountability for any content of, or products or service listed on, the linked Website(s) to the maximum extent permitted under applicable law.

USER-GENERATED CONTENT IS NOT APPROVED BY US

You acknowledge and agree that Kantar expressly disclaims any and all responsibility, liability and accountability for any content or other material posted on this Website by any visitor or user. You acknowledge and agree that you are solely liable, responsible, and accountable for any content or other material or information posted, published, entered, submitted, uploaded and/ or made available by you. The publication of entries written by visitors or users does not constitute an endorsement by Kantar of any opinion or advice responsibility, liability or accountability for any opinions or advice published, entered, submitted, uploaded or made available by you.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

This Website is provided to you free of charge. Accordingly, neither us nor any of our subsidiaries or affiliated or group companies shall be liable for any loss and/or damage whatsoever you may suffer arising in contract, tort or otherwise from the use of, or inability to use, this Website or any information or data contained in it, or accessed through this Website, or from any action or decision taken as a result of using this Website or the information or data contained in it. We shall not be liable for the use of the Service, including, without limitation, the content and any errors contained therein provided by third parties. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, or other consequential loss, punitive loss or damage, including damage to your computer hardware or software, lost profits or contracts, loss of income or revenue, loss of business, lost data, lost opportunities, loss of anticipated savings, costs of cover, exemplary, personal injury/wrongful death, wasted management or office time. Your sole remedy is to discontinue using this Website.

We will not be liable for the loss of goodwill suffered by any visitor or user of this Website, or others under or in connection with use of this Website or as a result of Kantar’s performance or non-performance under these Terms, regardless of whether or not the possibility of any such damages was disclosed to Kantar or could have been reasonably foreseen by Kantar.

Each of the above is hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages. The above exclusions do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kantar, its directors, officers, employees and/or agents from and against any and all third party claims, demands, liabilities, damages, losses and cost and/or expenses, including without limitation reasonable legal fees and court costs, arising out of, resulting from, related to, or in connection with, whether directly or indirectly, as a result of i) any breach by you of any of these Terms, ii) your content, iii) your use of materials or features available on the Website, iv) your misuse of this Website or v)  any other violation by you of the Terms and/or applicable law and/or any agreement or terms with a third party to which you are subject.

DISCLAIMER

The Contents on the Site could include technical inaccuracies or typographical errors. Also, Kantar may make changes or improvements to the Kantar Site at any time. THE CONTENTS ON THE KANTAR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. KANTAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. KANTAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KANTAR SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KANTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE KANTAR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KANTAR MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE KANTAR SITE. YOU (AND NOT KANTAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. FURTHER, information contained ON THE KANTAR SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR ANY PURPOSE. KANTAR SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE KANTAR SITE.

ANY REFERENCE TO KANTAR OR THE INFORMATION CONTAINED ON THE KANTAR SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Kantar through the Kantar Site (together, the “Submission”) will, upon communication, give Kantar the right to use the Submissions. Kantar will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Kantar operations or Contents.  Except as noted below in this paragraph, Kantar will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold Kantar harmless for any liability arising due to the use or distribution of those materials. You further grant Kantar the right to use your name in connection with the reproduction or distribution of such material.

Personally identifiable information that may be received at the Kantar Site is provided voluntarily by a visitor to the Kantar Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not Kantar, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, Kantar reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

HOW WE MAY USE YOUR PERSONAL INFORMATION

Kantar respects the privacy of visitors and users of this Website, and will only collect personally identifiable data, such as your name or email address, when it is voluntarily submitted to us at this Website. For more information on what information we collect and how we use such information, please read our Privacy Policy.

SEVERABILITY CLAUSE

If any or any part of the Terms contained in these Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall be deemed severed from these Terms and Conditions and, the remaining Terms shall continue to be valid and enforceable to the fullest extent permitted by law. Any Term that is invalid shall be replaced with a Term that is as similar as possible to and best meets the intended purpose of the invalid Term.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Your use of this Website and downloads from it, and the operation of these Terms, the Privacy Policy on our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed in accordance with the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected with our Website. You must not attach our Website 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. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on them, or on any Website linked to them.

Kantar reserves the absolute right to modify or delete any content material or information posted, published, entered, submitted, uploaded or made publicly available by any visitor or user of this Website.

INVESTING IN OUR COMPANIES

Nothing contained in this Website shall constitute an investment advertisement or an offer of or an invitation to make an offer for shares or other securities in Kantar.

GENERAL

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

TERMINATION OF ACCESS

If you are in breach of these Terms or of Kantar’s Privacy Policy Kantar may as its option, suspend or block your access to this Website and refuse to provide you with any further access to it. In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, or as a Member at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other condition of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Please contact us if you have any questions about any information on our Website at info@kantar.com



[1] “Affiliate”  means any legal entity that directly or indirectly: (i) is Controlled by that party; (ii) Controls that party; or (iii) is under substantially common Control and in relation to The Kantar Group Limited is trading as “Kantar” from time to time and under the common Control of the The Kantar Group Limited (but excluding any operating entities trading as Europanel). “Control” for the purposes of these terms and conditions means the ownership, directly or indirectly, of a majority of the voting shares of such entity or is the ability (directly or indirectly) to appoint a majority of the directors of such entity or the authority to direct the management or policies of such entity, by contract or otherwise.An entity that otherwise qualifies under this definition will be included within the meaning of “Affiliate” even though it qualifies after the publication of these terms and conditions.

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