Terms and conditions

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Terms and conditions of use

Issue 5.00 dated 20 July 2023

1. Introduction

1.1 These terms and conditions shall govern your use of our websites www.fenixinsight.com , www.fenix-insight.com, www.mineaction.net and associated domains.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies policy.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c) Fenix Insight Ltd grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use and privately display this Website for your legitimate personal and/or business needs. Any other use of this Website is expressly prohibited and constitutes a material violation of the Terms of Use.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and legitimate business use, providing that such printing is not systematic or excessive;

(d) link to this Website, so long as it does not portray Fenix Insight Ltd or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with Fenix Insight may be indicated without Fenix Insight's express written permission. Unless specifically set forth in writing by Fenix Insight, any link to this Website must not appear prominently on the linking site so as to confuse or mislead users as to the affiliation, sponsorship, etc. of Fenix Insight and the linking site.

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by these terms and conditions.

3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

3.7 Fenix Insight reserves the right to require that you remove any link to this Website for any reason, and you agree to carry out the removal immediately.

4. Downloadable content

4.1 We may from time to time make available on the website downloadable content (such as newsletters, brochures and technical papers).

4.2 In addition to the rights granted under Section 3.1 above, you may redistribute print and electronic copies of downloadable content, providing that copies of downloadable content must not be edited or amended in any way and must retain:

(a) the name of our business;

(b) any disclaimers, copyright notices and other legal notices; and

5. Misuse of website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(i) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(j) use our website except by means of our public interfaces;

(k) violate the directives set out in the robots.txt file for our website;

(l) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(m) Without prior approval and express written permission, create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website; or

(n) do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.2 You must not allow any other person to use your account to access the website.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion with or without notice to you.

8.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.

8.3 You may cancel your account on our website by contacting us and requesting us to take the necessary action.

9. Testimonials

9.1 This Section 9 governs all testimonials relating to our business that you send to us, whether through our website, by email or otherwise.

9.2 Testimonials must comply with the provisions relating to user content set out in Section 12, but the licensing of testimonials shall be governed by this Section 9, and Section 10 shall not apply to testimonials.

9.3 You grant to us an exclusive, worldwide, royalty-free licence to:

(a) edit your testimonials, providing that such editing shall not materially distort the meaning of any testimonial;

(b) publish your testimonials on our website and in such other print and electronic media as we may determine from time to time; and

(c) publish, together with each testimonial, the name and logo of the business and the name and job title of the person giving the testimonial.

9.4 You grant to us the right to sub-license the rights licensed under Section 9.3.

9.5 You grant to us the right to bring an action for infringement of the rights licensed in Section 9.3.

10. Recruitment

10.1 We may from time to time publish, on our website, advertisements for job opportunities within our organisation.

10.2 We reserve the right to update information concerning the job opportunities posted on our website (including without limitation job descriptions, candidate requirements, application procedures and application deadlines).

10.3 We do not guarantee that we will consider all applications for job opportunities; nor do we guarantee that persons meeting the published candidate requirements will proceed to the next stage of the recruitment process. However, we will ensure that the application process is conducted in accordance with all applicable laws, including applicable discrimination laws.

10.4 We will treat all information forming part of a job application [as confidential and] in accordance with [our privacy and cookies policy].

10.5 You should keep a copy of all information that you supply as part of a job application. We will not return hard copy job applications to candidates.

11. Our rights to use your content

11.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics and images) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website and any successor website.

11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.

11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.

11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

11.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

11.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

12. Rules about your content

12.1 You warrant and represent that your content will comply with these terms and conditions.

12.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be in breach of official secrets legislation;

(j) be in breach of any contractual obligation owed to any person;

(k) be pornographic, lewd, suggestive or sexually explicit;

(l) be untrue, false, inaccurate or misleading;

(m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n) constitute spam;

(o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

13. Report abuse

13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

13.2 You can let us know about any such material or activity by email or using our contact form.

14. Limited warranties

14.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

15. Limitations and exclusions of liability

15.1 While www.fenixinsight.com, www.fenix-insight.com, www.mineaction.net and associated domains have been developed, established and maintained in good faith, no representation or warranty, express or implied, is or will be made and no responsibility or liability is or will be accepted by Fenix Insight Ltd, its affiliates, associates or by any of their respective directors, officers, employees or agents in relation to the accuracy or completeness of www.fenixinsight.com, www.fenix-insight.com. www.mineaction.net and associated domains and any such liability is expressly disclaimed.

15.2 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

15.3 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:

(a) are subject to Section 15.2; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

15.4 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

15.5 Where technical data and statistical information contained in this Website have been derived from information supplied by external sources, including manufacturers and distributors, we do not assume any responsibility whatsoever for its accuracy.

15.6 Users of this Website do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed on the Website.

15.7 If, despite the language of the Terms of Use, Fenix Insight becomes liable to you for anything arising out of or related in any way to your access, use or inability to use this Website then Fenix Insight's total liability to you shall not exceed the total payments actually made by you to Fenix Insight or £100, whichever is greater.

15.8 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.9 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.10 We will not be liable to you in respect of any loss or corruption of any data, database or software.

15.11 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

15.12 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16. Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account.

17. Refund Policy

17.1 We offer a free 7-day trial period to evaluate the use of our paid services and determine if they meet your needs ("Trial"). If you choose to continue using our services following the Trial, you will be charged a monthly subscription fee and be bound by our services agreement.

17.2 If you wish to cancel your subscription, you must do so before the end of the current billing cycle to avoid being charged for the next billing cycle. Please note that we do not offer refunds for charges incurred due to failure to cancel your subscription before the end of the then current billing cycle.

17.3 We will send a reminder notification before the end of any billing cycle to remind you to cancel if you wish to do so. If you wish to cancel your subscription or have any other questions please contact our customer support team at [email protected]

18. Third party websites

18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

18.2 We have no control over third party websites and their contents, and subject to Section 15.2 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. Variation

19.1 We may revise these terms and conditions from time to time.

19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

20. Assignment

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. Severability

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Third party rights

22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

23. Entire agreement

23.1 Subject to Section 15.2, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

24. Law and jurisdiction

24.1 These terms and conditions shall be governed by and construed in accordance with English law.

24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

25. Statutory and regulatory disclosures

25.1 We are registered in England; you can find the online version of the register at https://www.gov.uk/government/organisations/companies-house, and our registration number is 7486572.

25.5 Our VAT number is 108 5838 01

26. Our details

26.1 This website is owned and operated by Fenix Insight Ltd.

26.2 We are registered in England and Wales under registration number 7486572, and our registered office is at Unit 14f, Borers Yard, Borers Arms Road, Copthorne, West Sussex, RH10 3LH, United Kingdom.

26.3 Our principal place of business is at Unit 14f, Borers Yard, Borers Arms Road, Copthorne, West Sussex, RH10 3LH, United Kingdom

26.4 You can contact us:

(a) by post, to [the postal address given above;

(b) using our website contact form;

(d) by email, using [the email address published on our website.

27. RIGHT TO USE

27.1 Subject to the restrictions set forth herein, You are granted a non-exclusive, non-transferable limited licence to use the FENIX INSIGHT licensed Product(s) for your internal business use only.

27.2 Creation of Works from the Product. You may create reports or presentations (collectively "Work") using information from the Product provided such Work is for Internal Use only. Nothing in this Section 1.2 will operate so as to vest in You any proprietary rights in any Products or portions of Work in any way derived from Products. Any information related to a third-party company and/or personal data included in the FENIX INSIGHT Product(s), may be used by You for the limited purpose of enquiring about the products and services of the companies/organizations listed therein. You must comply with applicable data protection and privacy laws and regulations.

27.3 Work not to be Commercialised. You are not permitted to use Work: a) to produce a commercial product or service, or b) directly for revenue generating purposes.

27.4 Citing Fenix Insight in Work. You will represent FENIX INSIGHT as the source of the Product information in the following form: "Includes content supplied by FENIX INSIGHT; Copyright © Fenix Insight, [publication year]. All rights reserved".

28. USE RESTRICTIONS

28.1 By accepting the rights granted by FENIX INSIGHT, you agree that You will not copy, distribute, republish, transfer, sell, license, lease, give, disseminate in any form (including within its original cover), assign (whether directly or indirectly, by operation of law or otherwise), transmit, scan, publish on a network, or otherwise reproduce, disclose or make available to others, store in any retrieval system of any nature, create a database or create derivative works from the FENIX INSIGHT Product(s) or any portion thereof.

28.2 You must not use information included in the FENIX INSIGHT Product(s) (i) for any unlawful, harmful, or offensive purpose; (ii) as a source for any kind of marketing or promotion activity; or (iii) for the purposes of compiling, confirming, or amending its own database, directory or mailing list.

28.3 You shall not use any linking, deep-linking, framing, or page scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the Products or any content or information provided by FENIX INSIGHT.

28.4 You shall not in any way reproduce or circumvent the navigational structure or presentation of the Products or any content, to obtain or attempt to obtain any data, materials, documents, or information through any means not purposely made available through the Product.

28.5 You shall not use the Products, or any content or information provided by FENIX INSIGHT to develop, support, create or provide pricing for any database or product that competes directly with the content or any other product or service offered by FENIX INSIGHT (including Products) or would create a functional substitute for any such product or service offered by FENIX INSIGHT (including Products).

28.6 You shall not attempt to and shall not decompile or disassemble, reverse engineer any data collection, sourcing, management, analytics, categorisation, or commercialisation or product development methodology and/or technologies: (a) accessible through Products; or (b) owned by FENIX INSIGHT.

28.7 You are not permitted to retain the FENIX INSIGHT Product(s), including: (a) in any file or on any hard drive, server, or other form of memory; or (b) in any printed form.

28.8 You represent and warrant that upon any expiration or termination of the Licence Agreement You immediately will: (i) discontinue all use of the FENIX INSIGHT Product; (ii) destroy any items relating to the FENIX INSIGHT Product(s) (including but not limited to data, software, and documentation) and purge any FENIX INSIGHT Product(s) data from all electronic media; and (iii) upon request from FENIX INSIGHT provide written certification to FENIX INSIGHT that End User has complied with this paragraph.

29. COPYRIGHT AND PROPRIETARY

29.1 FENIX INSIGHT own and reserve all rights with regards to Product related documentation and any copies under all applicable national and international laws and treaties for the protection of Intellectual Property, including, but not limited to, trade secrets, copyrights, trademarks and patents. Any rights not expressly granted to You in this Agreement are retained by FENIX INSIGHT.

29.2 You must not remove any proprietary legends or markings, including copyright notices, on the FENIX INSIGHT Product(s). You acknowledge that all data, material, and information contained in the FENIX INSIGHT Product(s) are and will remain the copyright property and Confidential Information of FENIX INSIGHT and are protected and that no rights in any of such data, material and information are transferred to You. You will take any and all actions that may reasonably be required by FENIX INSIGHT to protect such proprietary rights as owned by FENIX INSIGHT.

30. LIMITED WARRANTY

30.1 The FENIX INSIGHT Product is provided “AS IS” and “AS AVAILABLE”. FENIX INSIGHT do not warrant the completeness or accuracy of the data, material, third party advertisements or information as contained in the Product(s) or that it will satisfy Your requirements.

30.1 FENIX INSIGHT DISCLAIM ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, FENIX INSIGHT SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS OR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY RELIANCE ON INFORMATION, THIRD PARTY ADVERTISEMENTS OR ANY STATEMENT CONTAINED IN THE FENIX INSIGHT PRODUCT(S). YOU ASSUMES ALL RISK IN USING THE RESULTS OF THE FENIX INSIGHT PRODUCT(S).

31. LIMITATION OF LIABILITY

31.1 NEITHER FENIX INSIGHT, NOR THE CLIENT WILL BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHER INDIRECT DAMAGES SUFFERED BY THE OTHER PARTY, INCLUDING BUT NOT LIMITED TO: (A) ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, SAVINGS, OR BUSINESS; (B) LOSS OF DATA OR INFORMATION; (C) LOSS OF GOOD WILL, REPUTATION, OR SIMILAR LOSSES; OR (D) BUSINESS INTERRUPTIONS ARISING OUT OF OR RELATED TO THE AGREEMENT OR ANY USE OF OR INABILITY TO USE PRODUCTS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

31.2 Except for each Party’s indemnification obligations, the maximum liability of FENIX INSIGHT, and/or the Client to the other Party for all claims under this Agreement, in warranty, contract, tort, or otherwise, will not exceed: in the case of Products, the Fees paid by Client in the prior 12 months for the defective Products that are the subject of the claim.

31.3 The limitations of liability in this Section 5 will not apply to the liability of a Party for: (a) damages related to death or personal injury arising out of the gross negligence or wilful misconduct of the Party; (b) any damages or liability incurred as a result of fraud or fraudulent misrepresentation of the Party; (c) to claims or loss(es) based upon breaches by the Party of its licence/authorised use or the other Party’s intellectual property right.

32. MISCELLANEOUS

32.1 These terms and conditions will be construed under the laws of England and Wales and any dispute or claim arising out of or in connection thereto shall be subject to the exclusive jurisdiction of the English Courts.

32.2 You agree to comply with all US Export laws and regulations and hold FENIX INSIGHT harmless for its failure to properly do so. You will comply with all applicable country laws and regulations relating to anti-corruption and anti-bribery.

32.3 Force Majeure. FENIX INSIGHT shall have no liability to Client under this Agreement if FENIX INSIGHT is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lockouts or other industrial disputes (whether involving the workforce of FENIX INSIGHT or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

32.4 Notices. All notices required under this Agreement must be in writing and delivered by commercially established courier service, facsimile with written confirmation of delivery; email with written confirmation of delivery, or via certified mail, return receipt requested, to the addresses specified in the Order Form. Any legal notices must also be copied to “Attention: Fenix Insight Legal Department, General Counsel.”

32.5 Limitation Period. Any cause of action arising under this Agreement shall be asserted within two (2) years of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later. No failure or delay by either Party to exercise any right they may have operates as a waiver of their rights at any future time.

32.6 The FENIX INSIGHT Product(s) supplied herein is subject to these terms and conditions only, to the exclusion of any other terms which would otherwise be implied by trade, custom, practice, or course of dealing. Nothing contained in any issued purchase order, your acknowledgement will in any way modify or add any additional terms to these terms and conditions. FENIX INSIGHT reserves the right to amend these terms and conditions from time to time.

32. DEFINITIONS

Following definitions shall apply to these Terms.

“Authorised User(s)” means employees of Client and/or Client’s Affiliates, as applicable, who are authorised by Client to use the Product for its licensed purpose. Client assumes full liability and responsibility for the acts and omissions of its Authorised Users and will take all reasonable steps to ensure that no unauthorised persons shall have access to the Product.

“Client” means organisation or institution that is customer of FENIX INSIGHT and have signed subscription agreement with FENIX INSIGHT.

“Confidential Information” means: (a) FENIX INSIGHT Property; (b) Client Information; (c) the terms of this Agreement; and (d) any information that by its nature, Recipient knows or should know is confidential or proprietary, including Discloser business or technical information.

“Internal Use” means that Authorised Users may use the Product only for Client’s internal business purposes. Except as otherwise specified on a relevant subscription agreement, Products are not licensed for external use.

“FENIX INSIGHT” or “Licensor” shall refer to Fenix Insight Limited, Fenix Insight USA (together “FENIX INSIGHT”).

“FENIX INSIGHT Property” means (a) the business process, data management and analytics technologies of FENIX INSIGHT, including without limitation, any algorithms, analyses, data, databases, documentation, formats, forecasts, formulas, inventions, knowhow, methodologies, platforms, processes, software, tools, trade secrets, and Product(s), and (b) any and all derivative works, enhancements, or other modifications to any of those referenced in (a) above.

“Product” or “Products” means FENIX INSIGHT Products (online, offline and API data services and other offerings) licensed by FENIX INSIGHT.

“You” or “End User” means the Authorised User of entity that has signed legal contract with FENIX INSIGHT whereunder You are authorised to access and use the Product for the permitted licensed purpose.