Welcome to Metricomm.com
Thank you for visiting www.metricomm.com (the Site). The Site is owned and operated by Metricomm Limited trading as Metricomm (us, we, or metricomm.com).
These Terms and Conditions
These terms and conditions (together with any documents referred to in them and any additional terms on the Site) (Terms and Conditions) set out the basis on which we operate our Site and provide the materials and services made available via our Site (Services). Incorporated into these Terms and Conditions by reference are any additional terms that we may agree with you in writing and all other terms, conditions and notices which we may notify you of and/or publish on the Site from time to time relating to particular elements of the Site or our Services.
Please read these Terms and Conditions carefully before using our Site or any Services. By using our Site and/or any Services, you are agreeing to be legally bound by these Terms and Conditions and are committing fully and unconditionally to the obligations set out herein. You should print a copy of these Terms and Conditions for future reference.
Please also note that these Terms and Conditions shall form a binding contract between you, us and (as applicable) our third party API providers (Third Party API Providers) and shall also be binding on any direct user of the Site and Services together with any person or entity for whose benefit the Site and Services are used. For example, without limitation, in the event that an agency subscribes to our Services for the benefit of its client, both the agency and its client shall be bound by these Terms and Conditions in relation to their use of the Site and Services. Accordingly, by using this Site or our Services for the benefit of any third party, it is an essential pre-condition that you ensure that the third party has agreed to these Terms and Conditions applying in respect of all use of this Site or Services by them or on their behalf. By using our Site or Services for the benefit of any third party you are warranting that you have full permission to do so and that the third party has agreed to such use and to be bound by these Terms and Conditions. CHANGES TO THESE TERMS: We may change these Terms and Conditions at any time by publishing changes on our Site, which changes shall take legal effect immediately on publication. PLEASE NOTE THAT THESE TERMS AND CONDITIONS, OUR SITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER DEFECTS OR TYPOGRAPHICAL ERRORS AND WE SHALL BE ENTITLED TO AMEND SUCH ERRORS AT ANY TIME WITHOUT NOTICE. If you do not agree to our Terms and Conditions or any changes to them, you must immediately stop all use of our Site and/or Services. This is your sole remedy.
Information About metricomm.com, Our Site and Our Services
Metricomm Limited (t/a Metricomm) is a private limited company incorporated in England and Wales under company number 12370652 with our registered office at 24 Nicholas Street, Chester CH1 2AU United Kingdom. Our contact details are published on the Site.
Metricomm’s Services are are the provision of online media data analysis and insights that we publish as reports for purchase and subscription, in order to inform public relations and communications campaign planning and evaluation. Our Site incorporates functionality delivered by our Third Party API Providers. We provide the Services via the Site. Other services (e.g. training and consultancy) may be available by direct negotiation on separate contractual terms. In the absence of any alternative contract between us, these Terms and Conditions shall apply. Our Services are provided on a commercial, paid-for basis. We shall be entitled to restrict and/or charge for use of our Services according to certain purchase models as explained on the Site. Further details of our Services are set out on the Site and in these Terms and Conditions.
The Services will develop and change over time. We may amend, update, add to, replace or withdraw elements of our Site and Services at any time at our sole discretion. While we try to ensure that our Site and Services are normally available 24 hours a day, we shall not be liable if for any reason our Site or Services are unavailable at any time or for any period. You understand and agree that temporary interruptions of the Site and Services may occur and that access to our Site and use of our Services may be dependent on your and third party equipment, software and communications networks, which are entirely beyond our control.
Your Purchase & Our Charges
The Site sets out our charging structure, service levels and any other specific terms applicable for our Services. If you purchase any Services, you agree to pay the published charges and agree to any additional applicable terms of sale stated on the Site. Your use of any paid-for Services may not commence until we are in receipt of cleared funds. We shall be entitled to suspend or cancel any Services without further liability in the event of late payment.
If you are purchasing Services for a set subscription period, on expiry of the initial subscription period, you will automatically be charged for a further subscription period at the prevailing rate for the same or equivalent subscription Service unless you notify us at least 30 days before the new subscription starts.
We may make changes to our charges at any time in our sole discretion for any Services which have not already been paid for by such point.
We deliver our Services to the My Account area of metricomm.com. Each user account login is for a single, named individual and is non-transferrable. You may not share your logins. In the event that we find out that logins have been shared, we shall be entitled to suspend or terminate your use of the Site and Services, and/or delete your account at our sole discretion.
By purchasing any Services you warrant that you are entitled to do so and that all of the payment information you provide is 100% accurate. You shall be responsible for all applicable taxes and duties applicable to your purchase and use of the Services in your location. By making any purchase via our Site, you also warrant that (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old; and (c) you are making your purchase in the course of a business and not as a consumer.
We reserve the right to reject or cancel any request for Services at any time for any reason by refunding your payment for any unused part of your purchase period as your sole remedy. Please note that rejection or cancellation for specific cause (e.g. breach of these Terms and Conditions) will not give rise to a refund. If you decide to cancel your use of our Services, you may do so at any time but no refund will be payable to you.
We do not accept any liability for your interpretation or application of the data analysis and insights provided via our Services. Use and interpretation is solely at your discretion.
From time to time we may make a discount code available. If we invite you to participate, we will give you a unique promotional code via email or it will be made visible in your account, which you can share freely with your friends, colleagues or associates. If purchase is made from Metricomm using your code at sign-up then, subject to the conditions below, we will give them a % off their purchase, as detailed in the offer terms and conditions. You must only share your promotional code with people that you know.
Participation in our Discount Code programme does not create any wider relationship or association between us.
Your promotional code will be valid for any defined period stated in the offer invite.
We may refuse to issue a discount code or cancel your discount code and/or our referral programme at any time at our discretion for any reason.
Any service levels stated on our Site and Services are indicative only. We shall use reasonable endeavours to comply with applicable service levels but time shall not be of the essence in respect to any stated response or remedy times and availability of the Site and Services is not warranted in any respect.
We are also dependent on Third Party API Providers to support certain functionality within the Services, such as payments. No warranties or liability is accepted for the performance of or availability of such third party functionality.
The Services are hosted by us for your convenience. We are not a hosting service provider and are reliant on hosting services purchased by us on the open market. Our choice of hosting service provider is at our sole discretion although we shall aim to select a provider with appropriate expertise and service levels to ensure a reasonable hosting environment for the Services.
Intellectual Property and Usage Licence
The Site and Services comprise and contain valuable intellectual property belonging to us. This is protected by copyright, trade mark, patents or other intellectual property rights which shall remain with Metricomm. Metricomm is our trade mark and may not be used in the course of trade without our prior written authorisation. You shall not utilise such intellectual property except as is expressly permitted in these Terms and Conditions.
For the purposes of general use of our Site without subscribing to or purchasing our Services, we allow you to store on your computer, or print out extracts from, the pages of our Site provided it is for your use only. Any other reproduction, adaptation, distribution or storage, in whole or in part, is prohibited unless with our prior written authorisation.
When you subscribe to or purchase our Services you shall be granted a limited, non-exclusive, non-transferrable, revocable, worldwide licence to use our intellectual property rights in the Services solely for normal use of the Services in the context of your business in accordance with these Terms and Conditions for the duration of your subscription. You agree not to use, access, sell, resell, license, duplicate, copy or use any portion of this Site or our Services for any other commercial purposes.
In order to enable us to provide bespoke Services to you, you hereby grant to us a non-exclusive, royalty-free, worldwide licence to use your intellectual property rights as is reasonable and appropriate in the provision of the Services to you.
Third Party Intellectual Property
Third Party Copyright Materials
Certain Services may facilitate the display of third party proprietary materials (such as other online content). You shall take sole responsibility for your proper and lawful usage of these third party materials, including identifying and obtaining any requisite third party licences at your sole cost and expense. You agree to comply with the reasonable directions of Metricomm and/or relevant third parties regarding the usage of third party intellectual property.
Third Party Trade Marks
Where we refer to third party trade marks (such as Google™ or Twitter™ for example) we do so in an editorial context only and any such use shall not be construed as indicating any trade association between Metricomm and such third parties. You shall not make any unauthorised use of third party trade marks without their express permission.
General Site Usage Guidelines
We require all users of our Site and Services to behave lawfully, politely and respectfully towards each other and third parties in any connection with the Site and Services and at all times in accordance with the guidelines below (Site Usage Guideline). Your licence to use our Site and Services is conditional on your strict compliance with our Site Usage Guidelines. We may suspend or cancel your use of the Site or Services at any time and delete your account if we consider you to have contravened these Site Usage Guidelines or to be otherwise undesirable in our sole judgment. We shall also be free to report any abuse of these Site Usage Guidelines to any relevant authority or third party in our discretion and cooperate with any relevant investigation.
The Site Usage Guidelines require that you use the Site and Services as follows:
- In strict accordance with all applicable laws and regulations both under UK law and in your own specific location, if different
- In your own personal or business name and not under any false name or in any manner which seeks to impersonate any other person or entity including us or our staff
- Not to act in a manner which we or others might consider offensive, abusive, victimising, aggressive, intimidating, harassing or threatening
- Not to post or communicate any offensive, shocking or insulting material or comments via the Site or Services
- Not to act in a way to give rise to any tortious or other civil liability or otherwise be actionable at law
- Not to invade the privacy or confidentiality rights of others
- Not to act in a discriminatory, harmful or degrading basis including but not limited to religion, gender, sexual orientation, race, ethnicity, age, or disability
- Not to infringe any third party intellectual property rights including but not limited to patents, trade marks, confidential information, copyright, passing off, or other proprietary right of any party
- Not to remove, alter or obscure any proprietary rights notices within the Services
- Not to reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the Services, APIs or any element of them
- Not to use the Site or Services for the purposes of any unauthorised or unsolicited advertising, spam or bulk mail, cookie tracking, ad exchanges, data brokerages or similar activities in violation of any applicable law
- Not to use or introduce software viruses or any other computer code, files, or programs that may damage or interfere with any software, hardware, or telecommunications equipment or to damage, hack or obtain unauthorised access to any third party systems or databases
- In accordance with any other requirements we may add or change in respect of these Site Usage Guidelines.
- We withhold the right to restrict or stop trial accounts at our discretion if we feel that companies are unfairly taking advantage of our service. e.g switching to use different emails at the end of trial to avoid upgrading.
We do not warrant or represent that users of our Site or Services will not breach our Site Usage Guidelines or that our Site and Services do not in themselves conflict with such Site Usage Guidelines, but we will respond to complaints in this regard promptly and diligently. If you become aware of or suspect any alleged problem, please follow the procedure set out below (Complaints Procedure) by providing written notification to firstname.lastname@example.org or by post to Metricomm Ltd, 2 Gloucester Road, Knutsford, Cheshire WA16 0EJ as follows and we will respond appropriately:
- Identify the behaviour or content on our Site or within our Services that you consider to breach our Site Usage Guidelines
- State why you consider this behaviour or content to be objectionable;
- Identify any intellectual property rights that you consider to have been infringed (where applicable);
- Provide details of the owner and/or licensee of such rights (where applicable);
- Provide your name and contact details and your relationship to the subject of the complaint or intellectual property rights owner;
- Give details of any other information that we you consider will assist us in understanding, investigating and dealing with this matter;
- Provide a written statement of truth in the following terms “I, [individual’s name], hereby confirm that the information provided in this complaint notification is true to the best of my knowledge and belief”.
When you are allocated a username or secure access details for restricted, paid-for areas on our Site, it shall be your sole responsibility to maintain of all such access details. You may not share your login or allow anyone else to log in to our Site using your details and you shall be solely responsible for any act or omission under access to our Site via your login details. We may immediately suspend or terminate your use and access to the Site and Services if we know or suspect that there has been any breach in security.
We shall comply at all times with applicable data protection law and regulation. Unless otherwise agreed, our Services may only be accessed by subscribing using an online subscription process which may require you to input certain information about yourself and your business (Subscription Data). You undertake to ensure that all Subscription Data is accurate and that you are entitled to submit it to us. Please also regularly review and update your Subscription Data to keep it current.
It shall be your sole responsibility to use the Site and Services strictly in accordance with prevailing data protection law and regulation. In addition, in order to use the Services legally, you may be required to have appropriate privacy and “cookie” policies. It is your sole responsibility to audit the implications of your use of the Site and Services for data protection purposes. You agree that you shall be deemed the Data Controller for UK data protection purposes in relation of any domain or business for which you use our Site and Services.
Dealings with Third Parties
Links to Third Party Sites
Links to other sites from this Site are for information and convenience only. We do not control, monitor or verify such third party sites or information on them and, accordingly we accept no responsibility or liability arising from your access to any third party site which is linked from or referred to on this Site. The inclusion of such a link or reference does not imply any endorsement of, or association with, the third party or their site, express or implied.
Third Party Data
The Services rely to some extent on our use of third party data acquired via third party APIs, for example to identify website traffic volumes.
Third Party Data
The third party data aggregated through the Services is not within our control and we can give no warranty as to the integrity or usefulness of such data. It may also be subject to third party usage terms. Where we use such third party services In the compilation of the Services, we warrant that an appropriate agreement Is In place between Metricomm and the third party.
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF OUR SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS OF USING OUR SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES ARE OF SATISFACTORY QUALITY, WILL BE APPROPRIATE FOR YOU OR FIT FOR ANY PURPOSE, WILL SERVE YOUR REQUIREMENTS, OR THAT THEY WILL BE AVAILABLE, SECURE, ACCURATE OR ERROR-FREE, RELIABLE OR EFFECTIVE.
WHEN AGREEING TO THESE TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, UNDERTAKING OR PROMISE GIVEN BY OR US OR ON OUR BEHALF EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. WE SHALL HAVE NO RESPONSIBILITY FOR ANY STATEMENT MADE, WHETHER ORALLY OR IN WRITING, PRIOR TO THE DATE ON WHICH YOU FIRST ENTERED INTO A C ONTRACT WITH US (UNLESS PROVEN TO HAVE BEEN MADE FRAUDULENTLY).
WITHOUT LIMITING THE FOREGOING, WE WILL TAKE REASONABLE CARE TO ENSURE THAT ALL DETAILS, DESCRIPTIONS AND SERVICE DESCRIPTIONS APPEARING ON THE SITE ARE ACCURATE AND CORRECT AT THE TIME WHEN THE RELEVANT INFORMATION IS PUBLISHED. WE AIM TO KEEP THE SITE REASONABLY UP TO DATE HOWEVER DESCRIPTIONS ON THIS SITE MAY VARY FROM THE SERVICES AVAILABLE AND AS UPDATED FROM TIME TO TIME. NO WARRANTY IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE SITE.
THIS SITE IS PROVIDED FROM THE UNITED KINGDOM AND ALTHOUGH IT MAY BE ACCESSIBLE WORLDWIDE THIS DOES NOT IMPLY ANY REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES ARE LEGAL OR APPROPRIATE FOR USE IN OTHER COUNTRIES.
LIMITATION OF LIABILITY: IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION ANY LOSS (DIRECT OR INDIRECT) OF DATA, BUSINESS, REVENUE OR PROFITS, DAMAGE TO REPUTATON, LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACTS, LOSS OF ENJOYMENT, WASTE OF MANAGEMENT OR OFFICE TIME, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE ARISING.
OUR ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US FOR OUR SERVICES DURING THE SIX MONTH PERIOD PRIOR TO ANY CLAIM NOTIFIED BY YOU TO US. ALL COMPLAINTS, DISPUTES AND CLAIMS MUST BE NOTIFIED TO US WITHIN 1 MONTH OF ANY ALLEGED LIABILITY ARISING, AFTER WHICH TIME ALL LIABILITY SHALL BE DEEMED TO HAVE EXPIRED.
Nothing in these Terms and Conditions shall limit our liability in any way for death or personal injury, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal to exclude, or attempt to exclude, our liability.
In addition to and without limiting your liability under these Terms and Conditions, you hereby agree to defend, indemnify and hold us harmless for all liabilities, claims, and expenses, including legal fees and costs that arise from any breach of these Terms and Conditions by you. Without limiting this indemnity, we may opt to take over conduct of our own defence of any claim or liability, in which event you will cooperate with us fully in any legal dispute or proceedings.
Duration and Termination
These Terms and Conditions shall come into effect on the date on which you first visit our Site and shall continue in force for as long as you continue to visit our Site or subscribe to any of our Services, save where any obligations are stated to survive termination or expiry of these Terms and Conditions.
If you enter into a subscription it shall expire at the end of your current subscription period if either (a) you have opted to cancel it or (b) you do not pay to renew it.
If you wish to terminate your use of any Services, you may do so at any time by deleting your account. No refunds shall be given for any remaining subscription period.
We may without liability terminate or suspend your use of the Site and any Services at the end of their current paid subscription period with or without notice and for any reason.
In addition, we may without any liability to you terminate or suspend any paid-for Services at any time with immediate effect on notice to you in the event that you have breached any material provision of these Terms and Conditions.
On expiry, termination or suspension for any reason your right to visit the Site and use the Services shall immediately terminate, and you acknowledge and agree that we may immediately deactivate or delete any account or subscription to the Site or Services and any of your user generated content hosted via the Site.
Transfer of Rights and Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the benefit or burden under these Terms and Conditions without our prior written consent. Metricomm may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions at any time by posting a notice to this effect on the Site.
Written Communications and Notices
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site or Services, you accept that communication with us will be mainly electronic. We shall be entitled to contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication as being legally effective and binding. All notices given by you to us must be given to Metricomm to email@example.com or in writing by post to our main office address at Metricomm, 2 Gloucester Road, Knutsford, Cheshire WA16 0EJ. Notice will be deemed received and properly served immediately when posted on our Site (metricomm.com only), 24 hours after an e-mail is sent, or three days after the date of posting of any letter via UK Royal Mail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the UK Royal Mail post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events Outside Our Control
Metricomm will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under these Terms and Conditions will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon strict performance of any of your obligations these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the problematic term, condition or provision will to that extent be deemed severed from the remaining Terms and Conditions, which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Any attempt by you to amend, replace or supplement these Terms and Conditions shall be null and void unless we have agreed to such changes in a written agreement validly signed by Metricomm Limited.
Law and Jurisdiction
Your use of our Site and Services will be governed by English law. Any dispute between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.