Terms of Use

Welcome to the Decision Profile web site (the “Web Site”). The Web Site is operated by Thompson Dunn Ltd (registered in England under the number 03520507) of 5 Church Walk, London N6 6QY ("we" or “us”).

These terms and conditions apply to your access, browsing, use and participation in this Web Site and, if you are a licensee, to your access and use of the registration areas of our Web Site (the “Portal”). If you have concluded any other contract with us, then in the event of any conflict or inconsistency between the terms of that contract and these terms and conditions, the terms of the contract will prevail and take precedence.

  1. Acceptance of terms
    1. There terms and conditions apply to you if you access and browse our Web Site and by so doing you will be treated as having accepted these terms and conditions. Please do not access or browse our Web Site if you do not accept these terms and conditions.
    2. We do not charge for you to access, use or browse the non-registration areas of our Web Site.
    3. Our charges for access to and use of the Portal are described in detail in the products and services page or will be otherwise notified to you by us. You must pay the charges in accordance with the terms or any separate contract you conclude with us in that regard.
  2. Intellectual Property Rights
    1. We are the owner or the licensee of all intellectual property rights in and relating to:
      • our Web Site; and
      • the Portal; and
      • all materials (including all logos, text, Contributions and graphics) published or made available on the Web Site; and
      • the software used to operate our Web Site.
      These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
    2. Subject to any clause 2.7 below, you may print off copies, and may download extracts, of any page(s)) from our Web Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Web Site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 2.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on our Web Site must always be acknowledged.
    5. You must not use any part of the materials on our Web Site for commercial purposes without obtaining a licence to do so from us or our licensors or as otherwise permitted by the additional terms referred to in clause 2.7.
    6. If you print off, copy or download any part of our Web Site in breach of these terms and conditions, your right to use our Web Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    7. If you purchase any downloads or access and use of the Decision Profile then your licence to copy and use these will be set out in the additional terms that apply to such access and use.
    8. You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Site will cease immediately.
  3. Portal
    The following terms are only relevant to you if you have concluded a contract with us for access to and use of the Portal.
    1. Access
      You will be required to input your email address and password in order to access the Portal. A password will be allocated to you following conclusion of your licensee contract with us. Following allocation of your password to you, you will be given an opportunity to change it to a password of your choice. Your password is personal to you and may not be used by anyone else to access the Portal. You must not do anything which would assist anyone who is not a licensee to make contributions or to gain access to the Portal.
    2. Contributions
      These terms apply to any and all material (including any comments, artwork, photos and other materials) which you contribute to our Web Site (“contributions”), and to any interactive services associated with it. You warrant that all of your contributions comply with the terms set out below and you indemnify us for any breach of that warranty.
    3. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. If, for any reason, we believe that any contribution does not comply with these terms, requirements and standards, we may, at our discretion, cancel your access to the registration areas of our Web Site immediately and without giving you any advance notice.
    4. Contributions must:
      • where they state facts, be accurate;
      • where they state opinions, be genuinely held;
      • comply with applicable law in the UK and in any country from which they are posted.
    5. Contributions must not:
      • contain any material which is defamatory of any person;
      • contain any material which is obscene, offensive, hateful or inflammatory;
      • promote sexually explicit material;
      • promote violence;
      • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • include any materials created by a third party and/or which you did not create yourself unless you have a formal written licence from the third party in question;
      • infringe any copyright, database right or trade mark of any other person;
      • be likely to deceive any person;
      • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      • promote any illegal activity;
      • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
      • include any personal details (including any image of any other person) about anyone other than yourself (and you should be cautious about revealing your own personal details on our Web Site) unless you have written authority and licence from the person in question;
      • be likely to harass, upset, embarrass, alarm or annoy any other person;
      • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      • give the impression that they emanate from us, if this is not the case;
      • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    6. You grant to us the non-exclusive right to use, copy, reproduce, adapt, modify, distribute, publish and disclose to third parties any contributions for the purposes of operating our Web Site and throughout the world via our Web Site and any related activities. This means that you remain the owner (or licensee) of the intellectual property rights in and relating to your contribution and are free to deal with it as you choose.
    7. You also waive any moral rights which you may have in relation to the contributions made to our Web Site.
    8. We will not be responsible, or liable to any third party, for the content or accuracy of any contributions posted by you or any other user of our Web Site.
    9. Publication of any contribution you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
    10. We have the right to remove any contribution, material or posting you make on our Web Site at our discretion and, without limiting the foregoing, if, in our opinion, such contribution does not comply with the terms above.
    11. Monitoring and Moderating
      We are not under any obligation to oversee, monitor or moderate our Web Site. Subject to clause 4.1 of these terms and conditions, we expressly exclude our liability for any loss or damage arising from use of our Web Site by any user which is contrary to these terms whether we choose to moderate and/or monitor this Web Site or not.
    12. We do not actively monitor contributions before they appear on the Web Site. We encourage open and active participation and if you are concerned about any contribution please see the “Complaints” section of these terms.
    13. We would like our Web Site to be accurate, informative and incorporate quality content. Notwithstanding the above, we may monitor or moderate all contributions and make alterations at any time and at our discretion.
    14. Complaints
      If you have any complaint about any contribution or other content on our Web Site please or contact us at info@decisionprofile.com. Your complaint will be dealt with by our team in accordance with our internal moderation and take down policy and guidelines in place from time to time.
  4. DISCLAIMER AND LIABILITY
    THIS IS AN IMPORTANT CLAUSE. ITS EFFECT IS TO LIMIT OUR LIABILITY UNDER THESE TERMS. YOU SHOULD READ IT CAREFULLY AND MAKE SURE YOU ARE HAPPY WITH IT BEFORE AGREEING TO THESE TERMS.
    1. Nothing in these terms shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
    2. The Web Site is provided on an “as is” and “as available” basis and we offer no warranty or representation of any kind relating to our Web Site, any content or otherwise.
    3. Subject to clause 4.1 and other than as stated in this clause 4, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
    4. Whilst we make every effort to ensure the availability and accuracy of our Web Site and any content, we do not warrant that the availability of our Web Site will be uninterrupted or that Web Site and any materials accessible via the Web Site will be error or omission free.
    5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any content on it, or on any web site linked to it.
    6. We do not accept any responsibility for any use made of the Web Site and we shall not be liable:
      • in any circumstances for any loss of profits, loss or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
      • for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
      • for any other loss suffered in connection with the use of our Web Site or any content to the fullest extent that we may exclude or limit such liability under applicable law.
    7. Subject to clauses 4.1 to 4.6 our total aggregate liability arising from any claim relating to the use or operation of our Web Site shall not exceed an amount equal to the total amounts paid or payable by you for your participation in the Web Site, such amount to be calculated at the time when our liability comes to be assessed, or to £100.00 (whichever shall be the greater).
  5. Your personal information
    1. Please see our privacy policy for details of how we process your personal details and how we use cookies on the Web Site
  6. Variations
    1. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Web Site.
  7. Linking to our Web Site
    1. You may link to our home page or any other relevant page of our Web Site, provided you obtain our written consent to do so and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. You must not establish a link from any web site that is not owned by you.
    3. Our Web Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
  8. Term and termination
    1. We are entitled to terminate your use of our Web Site at any time:
      • in accordance with these terms and conditions; and
      • immediately following any breach by you of these terms; and
      • on 30 days written notice to you.
    2. On termination you must immediately cease to access and use our Web Site.
  9. General terms
    1. If we fail, at any time, to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    2. You may not sub-contract or assign your rights under these terms and conditions.
    3. We will not be liable to you for any breach of these terms and conditions that arises because of any circumstances which we cannot reasonably be expected to control.
    4. These terms and conditions set out all of the terms that have been agreed between you and us in relation to the subjects covered by it. Subject to clause 4.1, no other representations or terms shall apply or form part of these terms and conditions.
    5. Where these terms and conditions refer to any person, this includes reference to legal as well as natural persons (so, for example, a limited company is a person for the purposes of this agreement).
    6. No term of these terms and conditions is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement.
  10. Law
    1. These terms and conditions are governed by English law. You agree to submit to the exclusive jurisdiction of the English courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.

Contact

You may contact us at info@decisionprofile.com.
Thank you for visiting our Web Site.