Conditions of Sale
These Terms (together with any documents referred to in them) provide you with information about us and the legal terms and conditions on which we sell any of the documents, subscription services or application programming interface (API) (the "Digital Products") referenced on our website https://www.amee.com (the "Site") (the provision or making available of the Digital Products, together with the Site and all the related services provided by AMEE, the "Services").
These Terms will apply to any contract between us for the sale of Digital Products to you (a "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Digital Products from our Services. If you have any queries on these Terms please contact us before placing an order. Please note that by ordering any of our Digital Products, you agree to be bound by these Terms and the other documents expressly referred to in them. If you are a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in these Terms. Every time you wish to order Digital Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21st October 2013.
These Terms, and any Contract between us, are only in the English language.
Your use of our Services is governed by our Terms & Conditions , our privacy policy and our cookie policy (together, the "Other Applicable Terms"). Please take the time to read these, as they include important terms to you. If you are a consumer, you may have other consumer rights granted by law and these Terms do not affect such rights.
1. INFORMATION ABOUT US
1.1
We operate the Site. We are AMEE UK Limited ("AMEE"), a company registered in England and Wales under company number 06630234 and with our registered office at 13-19 Bevenden Street, London, N1 6AA. Our VAT number is GB 941 8188 04.
1.2
If you have any questions, please contact us by email at:
help@amee.com.
2. DIGITAL PRODUCTS
2.1
Digital Products include downloads or emailed copies of PDF or CSV images to your computer, mobile, or any other electronic device, along with any product delivered to you or accessed via the Services.
2.2
Each purchase of a Digital Product shall be deemed a non-exchangeable, non-refundable and final sale. No refunds will be given where a Digital Product has been purchased and successfully delivered by email or any other means.
3. PURCHASES OF SUBSCRIPTION SERVICES
3.1
Users can purchase monthly or annual subscription services (the "Subscription Services"), which dependent on the type of subscription service purchased entitle users to download certain volumes of Digital Products and utilise certain tools and website functionality, details of which are set out on the following page of the Site,
/product
Where prepayments are made for Subscription Services or Subscription Services are purchased it is understood that such payments or credits are not refundable under any circumstances (save at AMEE’s sole discretion). Please note that such payments or credits do not guarantee continued availability of any product or service and AMEE reserves the right to amend or withdraw any product or service at any time. AMEE may provide refunds in these circumstances, at its sole discretion.
3.2
We may immediately suspend or terminate your use of the Subscription Services, without liability or refund, if:
(a)
any payment that you owe is declined, rejected or reversed for any reason during your subscription period; or
(b)
you breach any of these Terms or, if applicable, you breach any of the Other Applicable Terms.
4. PURCHASERS OF DIGITAL PRODUCTS
4.1
If you are a consumer user (being a natural person who is acting for purposes outside any trade, business or profession), you may only purchase Digital Products from us if you are at least 18 years old.
4.2
If you are not a consumer:
(a)
you confirm that you have authority to bind any business on whose behalf you use our Services to purchase Digital Products; and
(b)
these Terms (and any document expressly referred to in them) constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms (or any document expressly referred to in them).
4.3
In purchasing a Digital Product, you warrant that you will comply with all applicable laws and regulations of the country for which the Digital Product is destined. We will not be liable or responsible if you break any such law.
5. ORDER PROCESS
5.1
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2
After you place an order, you will receive an on screen confirmation that your payment has been successfully processed.
5.3
Ad hoc purchases of Digital Products: all PDF or CSV images are either downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation and receipt by email (the "Confirmation")).
5.4
Purchase of Subscription Services: you will receive an order confirmation by email when you initially purchase Subscription Services (the "SS Confirmation") with a receipt available to download direct from the Services and, upon requesting Digital Products within your allocated quota such PDF or CSV images will either be downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation of the order of such Digital Product by email)
5.5
The Contract between us will only be formed when we send you the Confirmation (or when you download the Digital Product, whichever is earlier) or SS Confirmation (as appropriate). We do not send any receipts or information by post - all communications are electronic.
5.6
If we are unable to supply you with a Digital Product, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Digital Products, we will refund you the price paid by you to us for any Digital Product which we are unable to deliver. Any refund due will be made by crediting your credit/debit card in pounds sterling with the amount of the refund within 14 days of the date of the Confirmation. Should you not receive a refund within that time you should contact us by emailing
help@amee.com
quoting the order reference number given in the Confirmation.
5.7
Please note that because we begin to set up and provide the Digital Products immediately following your request, you will not be permitted to cancel the Digital Products under the Consumer Protection (Distance Selling) Regulations 2000.
6. INCORRECT DIGITAL PRODUCTS PURCHASED IN ERROR
6.1
Digital Product sales are final. We cannot be held responsible if you have purchased the wrong Digital Product. If you are unsure about the content of a Digital Product you should contact us prior to ordering. Any replacement items will need to be purchased separately.
7. PRICE
7.1
The price of any Digital Product will be as quoted on our Site from time to time (except in the case that such quoted price is manifestly in error).
7.2
Prices for our Digital Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation or SS Confirmation (as appropriate).
7.3
The price of any Digital Product as initially quoted on the Site excludes VAT, the VAT element (at the applicable current rate chargeable in the UK for the time being) will be applied at point of sale. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Digital Product in full before the change in VAT takes effect.
8. PAYMENT
8.1
At present, unless AMEE otherwise agrees, you can only pay for the Digital Products using a debit card or credit card. In respect of payment using a debit card or credit card, we currently accept the following cards: Visa, American Express and Mastercard although we may change the cards accepted from time to time at our sole discretion.
9. VARIATION
9.1
We reserve the right to amend these Terms from time to time and to impose new or additional terms or conditions on your use of the Site or purchase of the Digital Products. Such modifications and additional terms and conditions will be communicated to you via email and will be effective immediately and will be incorporated into these Terms.
9.2
Every time you order a Digital Product from us, the Terms in force at that time will apply to the Contract between you and us.
10. OUR LIABILITY TO YOU - IF YOU ARE A BUSINESS CUSTOMER
10.1
This section only applies if you are a business customer (being any user other than a consumer as defined above).
10.2
We only supply the Digital Products for internal use by your business, and you agree not to use the Digital Product for any re-sale purposes.
10.3
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.4
Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.5
Subject to the above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Digital Products.
10.6
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Digital Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Digital Products are suitable for your purposes.
10.7
We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Digital Products.
However, because we get the content and data and, therefore, our Digital Products from a number of different third party sources (including, without limitation, information
provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any
content accessed using the Services or contained in the Digital Products. Accordingly, any use of the Services or the Digital Products is at your own risk. If you do become
aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Digital Products (in particular pertaining to yourself or other individuals)
please let us know at
help@amee.com
and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data.
Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this
regard please also contact us at
help@amee.com
and we will use our reasonable endeavours to pass your concern onto the appropriate third party provider.
You understand that by using the Services and/or obtaining Digital Products, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances
(save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services
and/or obtaining the Digital Products.
11. OUR LIABILITY TO YOU - IF YOU ARE A CONSUMER
11.1
This section only applies if you are a consumer.
11.2
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
11.3
We only supply the Digital Products for domestic and private use. You agree not to use the Digital Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4
Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11.5
We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Digital Products.
However, because we get the content and data and, therefore, our Digital Products from a number of different third party sources (including, without limitation,
information provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or
reliability of any content accessed using the Services or contained in the Digital Products. Accordingly, any use of the Services or the Digital Products is at your own risk.
If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Digital Products (in particular pertaining to yourself
or other individuals) please let us know at
help@amee.com
and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct
inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or
incorrect content in this regard please also contact us at
help@amee.com
and we will use our reasonable endeavours to pass your concern onto the appropriate third party provider.
You understand that by using the Services and/or obtaining Digital Products, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as
required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services and/or
obtaining the Digital Products.
12. EVENTS OUTSIDE OUR CONTROL
12.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
12.2
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
13. OTHER IMPORTANT TERMS
13.1
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
13.4
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6
If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Digital Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.7
If you are a business user, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
13.8
We will not file a copy of the Contract between us.