Emolument Limited - Terms and Conditions
1. Information about us
The terms "us" or "we" refer to the Owner of the Website, who is registered in England and Wales under number 07916343 with registered office at Emperor's Gate, 114a Cromwell Road, London SW7 4AG, United Kingdom. Our VAT number is 142 8343 21.
2. Access to and use of this Website
2.1 We only offer use of the Website, the Remuneration Reports, Alumni and Employer Reports for domestic and private use and you agree not to use or attempt to use any of the foregoing for any commercial, business or resale purposes. We offer alternative business solutions for commercial users, details of which can be obtained by contacting us at email@example.com.
2.2 In order for you to use the Website, you are asked to upload certain profile data to this Website, including:
- Your gender
- Your location
- Your business activity
- Your job title
- Your education
- Your remuneration
2.3 Delivery Policy: When you submit your bonus & salary Data to the Website, your entry will be reviewed by our algorithms and team of experts. In the meantime, you will receive an email with login details (your "Registration Details"). These should be used to access the site and the Emolument library of job reports (the "Basic Remuneration Report"), or reports relating to your university (the 'Alumni' report) or employer (the 'Employer' report).
If your specific job, Alumni or employer report is not yet available, you will be emailed as soon as enough entries have been validated and it has been made available. You can still browse the hundreds of other available job, Alumni and Employer reports already published on the site.
2.4 You must keep your Registration Details confidential and secure at all times and you must not disclose them to any third party. We may rely on any use of the Website with such Registration Details as being authorised by you.
2.5 We reserve the right to disable your Registration Details at any time and without notice if you breach any of these Conditions or any other policies or guidelines set by us from time to time elsewhere on the Website. In the event of any such breach, your permission to use the Website shall at the same time terminate and you must immediately destroy any extracts downloaded or printed from the Website.
2.7 By contributing your Data on the Website, you will be given full access to the Emolument library of reports. In order to maintain such access, you must refresh your contributed Data at least once every 12 months. The data you enter on Emolument is stored for as long as it can be used to calculate relevant salary trends for a specific job.
2.8 By using this Website and/or requesting the provision of a Full Remuneration, Alumni or Employer Report and therefore agreeing to be bound by these Conditions, you consent to the immediate provision of such Report to you. Accordingly, you will have no right to cancel under the Distance Selling (Consumer Protection) Regulations 2000 (as amended from time to time).The contract between you and us will be concluded in English and the details of your specific contract will not be filed by us.
2.9 Any Full Remuneration, Alumni or Employer Report ordered will be provided immediately upon acceptance by us of your order. You will be able to access such Reports online via the Website. You may print copies of such Full Remuneration, Alumni or Employer Reports (subject always to Condition 5) but may not download the same.
4. Acceptable Use Policy
4.1 We are committed to ensuring that our Website remains safe for our users. Our Website relies on users submitting or uploading their Data to or on this Website. By using this Website, you warrant that you will only use this Website in accordance with our Acceptable Use Policy and you shall indemnify us from and against all losses, expenses, damages and costs (including reasonable legal costs) incurred as a direct or indirect result of the breach by you of such warranty.
5. Ownership of Intellectual Property Rights
5.1 This Website contains material, including without limitation, text, images, the browsing system, design, layout, look, appearance and graphics, which is protected by copyright and/or other intellectual property rights. All intellectual property rights in this Website and its content are owned by Emolument Limited or its third party licensors.
5.2 Without limiting Condition 5.1, this Website also contains trade marks including (without limitation) Community Trade Mark registration number E10542099 for EMOLUMENT. All trade marks included on this Website belong to Emolument Limited or its third party licensors.
5.3 You hereby acknowledge that the Owner has made substantial investment in obtaining, verifying, compiling and presenting the data collected by or on its behalf (whether or not via the Website and including (without limitation) any Data and Personal Details submitted or uploaded to this Website by its users (in anonymised form)) (together the "Data"), in the form of a database (the "Database").Without limiting Condition 5.1 and subject to Condition 5.5, all copyright, database right and any other intellectual property right in the Data and the Database belongs to Emolument Limited. You may not modify the Data or Database, merge the Data or Database with any third party data, sell or otherwise trade in the Data or Database, or use or distribute the Data or Database for the purposes of compiling databases, lists or directories.
5.4 Except for any Full Remuneration, Alumni or Employer Report (which you shall not be entitled to download or store in any way), you may download, temporarily store and print hard copies of any of the pages of this Website for personal use, or for internal, non-commercial use, provided that we are acknowledged as the source and copyright owner. You may not in any way alter or adapt the text of the material on the Website or of any material printed off the Website (including without limitation any trade marks or logos included in such material) and/or remove any copyright, trade mark or other intellectual property notices contained in the original material from any material printed off from the Website.
5.5 Whilst we consider any Data you submit to this Website to be non-proprietary, in the event that any intellectual property rights in such Data vest in you, you hereby grant to us a perpetual, irrevocable, worldwide, transferable, sub-licensable, non-exclusive, royalty-free licence to use such Data (including without limitation to copy, display, modify, transmit, make derivative works of, verify and compile such Data in a database and distribute) for the purpose of our business.
6. Our liability
6.1 The content of the pages of the Website is for your general information and use only. We have the right to modify or withdraw the Website without notice to you and to change these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system?s capabilities. You will be subject to the Conditions in force at the time that you use this Website, upload your Data to this Website or otherwise download or purchase any Basic or Full Remuneration, Alumni or Employer Report over this Website.
6.2 The Website is provided on an "as is" and "as available" basis and we make no warranty or guarantee of any kind, whether express or implied, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose, or that the Website will be uninterrupted, timely or error-free or that defects will be corrected. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons which may be beyond our control. Whilst steps have been taken to ensure that this Website is free from viruses, no warranty is given in this regard and you are responsible for ensuring you have appropriate virus checking software.
6.3 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence up to an amount equal to the aggregate amount paid by you to us in the 12 (twelve) months immediately preceding the cause of action arising. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into any contract pursuant to these Conditions or at the time you accessed the Website.
6.4 We only offer use of the Website, the Basic and Full Remuneration Reports, Employer and Alumni Report for domestic and private use and you agree not to use or attempt to use any of the foregoing for any commercial, business or resale purposes. Accordingly, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
6.5 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
7. Third Party Links
7.1 Electronic links to this Website from other websites are prohibited without our prior written consent. Requests should be addressed to firstname.lastname@example.org
7.2 From time to time, the Website may also include links to third party websites or resources for you to access at your sole discretion. The content of any such third party website or resource may be subject to terms and conditions imposed by the owner of that content. We do not endorse or accept any responsibility for the content of or software downloaded from any website linked from this Website or which links to it.
8.1 Any contract entered into between you and us is binding on you and us and on our successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under any contract between you and us to any person at any time.
8.2 If any of these Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.3 These Conditions, any contract for the purchase of any Full Remuneration, Alumni or Employer Report through our Website and any other issue arising from this Website or your use of the Website, shall be governed by English law. The English courts will have exclusive jurisdiction over any claim or matter arising from or related to a visit to this Website, and over any claim or matter arising under or in connection with these Conditions or any contract entered into with you pursuant to these Conditions.
Emolument Acceptable Use Policy
2. By using this Website, submitting any Data to it and/or placing an order for the provision of a Full Remuneration, Alumni or Employer Report, you warrant that you will: (a) only use this Website for lawful purposes; (b) not use this Website for any Prohibited Use; and (c) comply at all times with our Content Standards.
3. For the purpose of this Acceptable Use Policy, "Prohibited Uses" include (without limitation) any uses of the Website which:
- breach any applicable local, national or international law or regulation;
- are otherwise unlawful or fraudulent or have any unlawful or fraudulent purpose or effect;
- are prohibited under paragraph 4 of this Acceptable Use Policy.
4. You may not:
- use this Website to send, knowingly receive, upload, download, use or reuse any material which does not comply with our Content Standards;
- use this Website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
- use this Website to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code which may compromise or adversely affect the operation of this Website;
- access, interfere with, damage or otherwise disrupt:
- any part of this Website;
- any equipment or network on which this Website may be stored from time to time;
- any software used in the provision of this Website (in each case whether owned or used by us or a third party).
5. For the purpose of this Acceptable Use Policy, the "Content Standards" set out in paragraphs 6 and 7 of this Acceptable Use Policy apply.
6. You must ensure that any Data submitted on or uploaded to this Website is:
- accurate (where it is factual);
- genuinely held (where it states opinion); and
- complies with any applicable local, national or international law or regulation.
7. You must ensure that any Data submitted on or uploaded to this Website:
- does not contain any material which is defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe anywhere in the world any third party's intellectual property rights (including copyright, database right and trade mark rights), other proprietary rights or rights of privacy;
- is not likely to deceive any person;
- is not made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is not likely to harass, upset, embarrass, alarm or annoy any third party or cause him, inconvenience or needless anxiety;
- is not used to impersonate any person, or to misrepresent your identity or affiliation with any person; and
- does not give the impression that it emanates from us, if this is not the case.
8. You must not advocate, promote or assist any act which breaches or potentially breaches this Acceptable Use Policy.
- issue of a warning to you;
- immediate, temporary or permanent withdrawal of your right to access or use the Website, and/or your access to any Data (and/or any Basic or Full Remuneration, Alumni or Employer Report derived in whole or in part from such Data) at any time and without notice to you;
- immediate, temporary or permanent deletion, moving, and/or edit of any Data uploaded by you to the Website at any time and without notice to you;
- further legal action against you.
The list of actions above is not limited, and we may take any other action we reasonably deem appropriate.
10. We may also, at our sole discretion at any time and without notice to you: (a) contact any law enforcement agency or court of competent jurisdiction regarding any use which we consider, in our sole discretion, to be a Prohibited Use, and/or regarding any Data which we believe, in our sole discretion, does not comply with our Content Standards, and supply copies of any such Data to them and give them access to any Data (including any Personal Data contained therein) which is held by us relating to any user who has committed such Prohibited Use or submitted such Data; and/or (b) refer any matter to a law enforcement agency or court of competent jurisdiction where in our reasonable opinion, we consider that any matter arising from your use of this Website is of a criminal or illegal nature.
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