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Terms and Conditions

General Terms and Conditions for CharisCo Limited and TCPglobal

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1. CHARISCO LIMITED retains all right, title, and interest in and to methodologies, data, knowledge, and research processes — including but not limited to algorithms, customer surveys, focus group guidelines, and statistical models — used in the execution of TCPGLOBAL.

2. The subscriber is under obligation to protect their User Name and Password and may not permit any other individual or body to use those details. Failure to comply may result in the subscription being cancelled with no refund of moneys paid.

3. All comments will be moderated before publication. Unfit or libellous comments will be rejected and persistent submission of such comments may result in the user’s subscription being cancelled with no refund of moneys paid.

4. Subscribers may use the data and information provided by CHARISCO LIMITED in TCPGLOBAL to support internal marketing, strategic planning, and business development functions. For all internal usage, the subscriber must source CHARISCO LIMITED and TCPGLOBAL by name.

5. The subscriber may not distribute, promote, or otherwise use any CHARISCO LIMITED or TCPGLOBAL information or material — including any final published article — for any external use without express written permission from the Managing Director of CHARISCO LIMITED. In such cases, the subscriber must provide a copy of the precise proposed wording or document to enable CHARISCO LIMITED to gauge the full context of the usage and ensure its accuracy, currency, and proper attribution. CHARISCO LIMITED reserves the right to deny approval of external use for any reason. External use includes, but is not limited to, the publication, promotion, or dissemination of advertisements, press releases, white papers, direct mail campaigns, web site postings, and other materials used to promote, educate, market and/or sell, where they may be viewed by persons who are not officers, employees, or contractors of the subscriber. The subscriber will monitor compliance with these restrictions from time to time and as requested by CHARISCO LIMITED and, in the event of a breach or alleged breach of these restrictions, it will provide CHARISCO LIMITED with access and co-operation to enable CHARISCO LIMITED to audit compliance.

6. Absent the prior written consent of CHARISCO LIMITED, the subscriber may not use the name, trademarks, or logo of CHARISCO LIMITED, CHARISCO PRINTER LABS or TCPGLOBAL in promotional materials, publicity releases, advertising, or any other similar publications or communications, whether oral or written.

7. CHARISCO LIMITED will not be obligated to participate in any way in any promotion and/or dissemination of information deemed advantageous to the subscriber and/or worthy of wider dissemination and supported by any permissions granted in accordance with the conditions above.

8. CHARISCO LIMITED may provide services and subscriptions for or on behalf of any other individual, corporation, or organisation, and may advertise and represent its services as being so available. Performance of any TCPGLOBAL subscription will not preclude CHARISCO LIMITED from accepting any other consulting engagements with any other corporations, organisations, or individuals.

9. Each party will protect information received from the other in writing that is marked “confidential” or “proprietary” from transfer or disclosure to others by use of the same measures that it uses to protect its own proprietary information. This does not include information that is in the possession of the receiving party at the time of receipt, or that that party develops independently or obtains from a third party without any restriction on transfer or that has been publicly disseminated without fault of the receiving party.

10. The subscriber may terminate this agreement and cancel the subscription to TCPGLOBAL at any time by written notice, without cause and without further obligation to CHARISCO LIMITED except for payment by the subscriber of three months’ subscription fee from the date of notification.

11. CHARISCO LIMITED SHALL USE ITS REASONABLE ENDEAVOURS TO PROVIDE INFORMATION THAT IS ACCURATE. HOWEVER, CHARISCO LIMITED MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED. CHARISCO LIMITED ALSO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT MAY BE IMPLIED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.

12. CHARISCO LIMITED is not liable for any loss or damage claimed to have resulted from the use by, or on behalf of, the subscriber of any information or material (including TCPGLOBAL) furnished by CHARISCO LIMITED, regardless of the circumstances or cause of action (including negligence), and the subscriber shall hold CHARISCO LIMITED harmless from, and indemnify it for, any loss, cost, or expense including reasonable attorneys’ fees, suffered or incurred as a result of, or in connection with, any claim, suit, or action by the subscriber or any third party relating to that use. In no event (including negligence) will CHARISCO LIMITED be liable for any indirect, special, consequential, or exemplary damages, even if CHARISCO LIMITED was advised of the possibility of such damages, or for any damages in excess of the amount actually received by CHARISCO LIMITED under this agreement as of the date when the cause of action accrued.

13. If a dispute arises between CHARISCO LIMITED and the subscriber relating to this agreement, then, prior to either party pursuing other remedies (including, without limitation, litigation), CHARISCO LIMITED and the subscriber agree they will meet, at a mutually acceptable time and place, no later than twenty (20) days after either receives written notice of a dispute. The meeting shall be attended by individuals with decision-making authority to settle the dispute. At the meeting, CHARISCO LIMITED and the subscriber shall attempt in good faith to negotiate a resolution of the dispute. If the parties are not successful in resolving of the dispute, they may, but need not, agree to the appointment of a mutually neutral person to facilitate a resolution. Notwithstanding anything to the contrary, nothing in this paragraph shall preclude either party from seeking interim or provisional relief in the form of a temporary restraining order, preliminary injunction, or other interim relief concerning the dispute at any time, if the party deems such action necessary to protect its legitimate interests.