Terms of Use

Last updated 21 February 2011

These are the terms of use for the Sage Business Index microsite (“website”).  Please read them carefully as they form a legal agreement between you and us in relation to access and use of the website.

1. Who we are

The website is operated by The Sage Group plc, a public limited company registered in England under company registration number 2231246 whose registered office is at North Park, Newcastle upon Tyne, NE13 9AA (the “Group”, “we”, “us”, “our”).    You can contact us at our registered office address or on +44 (0) 191 294 3000.  You can also use the “Contact Us” section of the website to send us an email.

2. What these terms are about

These terms apply to your use of the website.  By accessing the website you agree to these terms.  If you do not agree to these terms, you should not access the website.

The current version of these terms is dated above but we may change them from time to time.  We will always update these terms on our website, so please try to read these terms every time you visit the website.  By accessing the website after changes are made to these terms you agree to the revised terms.

3.    What the website is for

The website is designed to enable the Group and any operating companies within the Group’s ultimate control or ownership (“Sage”) to report on challenges facing business, business trends and confidence in various markets around the world and to provide information relevant to business.  The website allows you to download reports relating to the Sage Business Index, follow read and watch business blogs, and download and watch relevant videos, amongst other things.

We will provide downloadable material and resources on the website and we have set out below what you can and can’t do on the website.  To make things easy to understand we refer to the “Materials” in these terms to cover any documents, files, images, photographs, logos, videos, information or other content of any kind you see or access on the website or that you contribute to it.

3. Acceptable use of our website

We are pleased to provide the website to you for your use but you must use the website in an acceptable way.  It is impossible to provide an exhaustive list of exactly what constitutes acceptable use and unacceptable use of the website.  In general, we will not tolerate any use of the website which damages or is likely to damage Sage’s reputation, the availability or integrity of the website or which causes Sage or threatens to cause Sage to incur any legal, tax or regulatory liability.

We want to make our website a safe and rewarding experience, so we have set out more detail on acceptable and unacceptable use below.

As you might expect, you may only use our website for lawful purposes.  For example, you must not use our website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or
• to transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:

• reproduce, duplicate, copy or re-sell any part of our website;  or
• access without authority, interfere with, damage or disrupt our website, or any related equipment, network or software.

Interactive services

We may from time to time provide interactive services on our website.  If we do provide any interactive service, we will provide clear information to you about the kind of service offered.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.  However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website.

If we do decide to monitor or moderate an interactive service, we will normally provide you with a means of contacting the moderator, should you need to do so.

Our interactive services are not intended for use by children.  Parents and guardians should not permit their children to use our interactive services, as these are only intended for use by businesses.

If you use our interactive services, you will also need to understand and comply with our content standards.

Content standards

If you contribute material to our website, you agree that any material you contribute will:

• comply with all applicable laws and regulations;
• be factually accurate and/or will represent your genuinely held belief or opinion;
• not be defamatory, offensive, hateful or inflammatory; and
• not infringe confidentiality, or any copyright or intellectual property rights of another person.

You also agree that we can use any content you contribute to our website whenever and wherever we think appropriate.

Our suspension and termination rights

The terms set out in this section (“Acceptable use of our website”) are intended to protect us, our website and its users, so a failure to comply with this section constitutes a serious breach of these terms.  If we believe you have breached this section, we may do any or all of the following (as well as any other action we feel is appropriate):

• issue a warning to you and ask you to take certain steps to rectify your behaviour.
• suspend your right to access our website, either temporarily or permanently.
• take legal action against you, including to recover any loss we have suffered due to your actions.
• disclose information to law enforcement authorities.

6.     Intellectual property rights

The design and content of our website, and any Materials on it, are protected by copyright and are owned by us (©2011), Sage or our licensors.  All rights are reserved.  We or our licensors retain the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of our website by any means and in any form, in whole or in part, and to make our website available to the public, and to distribute any copyright protected material in our website (including without limit, any online software or courses).  You agree not to copy, adapt, alter or create any derivative work from any material on our website, or to restrict or inhibit the use or enjoyment of our website by anyone else.

We or our licensors own various trade marks and registered trade marks, for example, the word mark “Sage” (the “marks”), a list of which can be obtained from us.  You may not use those marks, and/or any third party trade marks that appear on our website, other than as permitted by express written licence from the licensor or by law.  In particular, but without limit, you may not use the marks as meta-tags and you may not sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to us. Please notify us immediately if you become aware of any infringement of the marks.

We or our licensors own all other intellectual property rights in our website.

We may grant you express permissions relating to use of Materials from time to time but except where we do so, nothing in these terms or on our website confers any licence or right to use any material on our website without the prior written approval of the owner, whether that is us or our licensors.

7. Links from our website

 

Our website includes links that allow you to leave our website and visit third party websites. We have no control over those websites, so we are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those websites or for the treatment of any personal information you provide to the third party.

8. Other things you need to know about the website

We take steps to ensure that all information we provide on the website is correct and complete at the time of the last update to the relevant page but we do not promise that it will be correct and complete.

We aim to update the website regularly, and may change the content at any time.  If the need arises, we may suspend access to the website, or close it indefinitely.

Use of the website is free and we take steps to ensure that it is available to all permitted users.  From time to time we may restrict access to some or all parts of the website.  We will try to ensure that the website is available 24 hours a day but we have to be realistic and so we do not promise that the website will be continuously available and we will not be liable if for any reason the website is unavailable at any time or for any period.  We also do not promise that your use of the website will be uninterrupted or error-free, or that the website and server will be free from attack.

9. Our liability if things don’t go as planned

We will always try to ensure our website and the Material on it meets the standards we have promised and that you can use our website as intended in relation to your business.  However, because of the nature of our website and the wide range of information we provide, sometimes things may go wrong.  If we are at fault, we will always try to resolve any problems we have caused, but unfortunately we will not compensate you for any loss or damage you might suffer (of any nature and however caused) in connection with:

• our website; or
• your use, inability to use, or results of the use of our website, any websites linked to it and any Material on it; or
• the use of (or any inability to use) any interactive service on our website, whether the service is moderated or not.

Of course, this does not affect our liability for death or personal injury arising from our negligence or our liability for fraud (including fraudulent misrepresentation) in the unlikely event that this should happen, or any other liability which we are not allowed to limit or exclude by law.

10. Cookies

We use cookies on the website (which are small text files which allows the website to “remember” who you are).  Further information about cookies, how we use them to store and access information about you and how you can choose to reject cookies can be found in our Privacy Policy.

11. Your personal details

Any personal details you submit to us through or in connection with the website are subject to the terms of our Privacy Policy which forms part of these terms.

12. General

If a court or other competent authority rules that any of these terms are void or unenforceable in whole or part, the other terms and the remainder of the void or unenforceable term will still be valid.

Nothing in these terms excludes or limits our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.

If we fail to exercise or delay in exercising a right or remedy provided by these terms or by law that does not mean we give up those or any other rights or remedies.  We reserve the right to exercise those rights or remedies in the future.

These terms and the use of the website and its contents shall be governed by and construed in all respects in accordance with English law.  We and you agree that the English courts shall have non-exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.

13. Need to get in touch?

If you would like to contact us about the website or any of the material on it, please e-mail us on global.communications@sage.com.

Thank you for using the Sage Business Index.

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