Terms of Service
These are the terms and conditions of service which will apply to your use of this website and purchase of Reports from this website. This website and the Reports are provided by Real Insight Limited (company number 0437520) a company registered in England and Wales whose registered office is at 70A High Street East, Uppingham, Rutland LE15 9PZ. Our VAT number is GB799807841.
When we refer to we, our, us, we mean the company. When we refer to you or your we mean the user.
These terms and conditions form a legally binding contract between you and us and by using the website you accept our terms and conditions in full. We reserve the right to amend these terms and conditions at any time. Any such amendment shall be effective to all use of the website from the date upon which such amendments are included within the text of our website. You should therefore check the terms and conditions posted on this website periodically to ensure that you are aware of and are complying with the current version.
1. DEFINITIONS AND INTERPRETATION
Account An account with us allowing Users to request Reports using a single login;.
Account Holder The individual or organisation responsible for an Account or Multi User Account or Trusted Multi User Account as the case may be;
Despatch Notice A notice sent via email to the registered email address confirming that a Report has been ordered and payment has been received;
Intellectual Property (i) copyrights, trademarks, trade secrets, patent rights, know-how, descriptions, formulas, designs, processes, procedures, concepts, confidential information, software containing any of the same, database rights, and rights in trademarks, trade secrets and designs (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of the same; (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world; and (iv) any enhancements to the foregoing;
Multi User Account An account with us which monitors the Reports purchased from Accounts authorised by the Account Holder on behalf of that organisation's Users and facilitates the authorisation and maintenance of a list of authorised users of the Account;
Trusted Multi User Account An account with us which monitors the Reports purchased from Accounts authorised by the Account Holder on behalf of that organisation's Users on a monthly basis, facilitates the authorisation and maintenance of a list of authorised users of the Account, and facilitates the payment for such Reports by means of a single monthly payment in full. The status of Trusted Multi User Account will be offered at our sole discretion, and will operate on the basis of specific payment terms.
Report The Portable Document Format (PDF) SCA report that you purchase from our website;
SCA Invention All and any descriptions, formulas, designs, processes, procedures, methods, know-how, and software containing any of the same, concerned with the notion of calculating the ‘should cost’ of products, developed and owned by Real Insight Limited. Any information pertaining to the SCA Invention shall be regarded as intellectual property and confidential information owned by us.
SCA Web Application The complete software system which is used by the website to allow users to register and to generate SCA Reports.
Users Account holders and/or other individuals and organisations using our website, including paying for any services, in connection with their trade or profession.
Browser Users should ensure that all browsers used are current and up to date. In the case of Windows Internet Explorer it is important to use version 11 or newer.
2. THE SERVICES
2.1 Upon payment to us in accordance with clause 7 of these terms and conditions, we will provide Reports detailing what your product as described by you by way of input data should cost when manufactured using an appropriate, fair and reasonable process in the country of manufacture that you select. The Report is derived directly from the product data input by you together with empirical data and benchmarks representing demonstrated working practices in reasonably widespread commercial use in manufacturing facilities around the world.
2.2 The Reports are for guidance only and are not intended to be comprehensive.
3. USE OF THE WEBSITE
3.2 You must not, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws), or use it in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3 You must not 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.
3.4 You must not 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 prior written consent.
3.5 You must not use our website to transmit or send unsolicited commercial communication.
3.6 Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. You must notify us in writing immediately if you become aware of any unauthorised use of your Account, Multi User Account, Trusted Multi User Account or password. 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. You must not use any other person's user ID and password to access our website. We may disable your Account or your Multi User Account on the website at our sole discretion without notice or explanation.
4.1 To order a Report you must either:
(a) set up an account by providing your full legal name, valid email address and valid payment method details; or
(b) have an Account which is authorised by and linked to a Multi-User Account; or
(c) have an Account which is authorised by and linked to a Trusted Multi-User Account.
4.2 Your login must be used by only one person. A single login shared by multiple people is not permitted.
4.3 You are responsible for maintaining the security of your login, account, and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
5. ORDERING A REPORT AND REPORT DELIVERY
5.1 To place an order for a Report with our website you must complete the following steps:
(a) input all of the required data in the input screen;
(b) review the default values returned to you in the validation screen;
(c) make any required adjustments to your input and default data values;
(d) review and accept your final input and validation screen values;
(e) click ‘Buy Now’ when you are happy that all data has been entered correctly and you are ready to order a Report;
(f) provide the account information that we should deduct payment from prior to our submission of the Report to you (which will be exclusively by Email to the single Email address held on your Account), and then
(g) confirm your order.
5.2 Once complete please note that your Order only constitutes an offer to purchase a Report from us and does not form a binding contract until accepted by us. We must receive payment in full for the Report before we can accept any offers. Once we have received payment in accordance with this clause 5.2 and clause 7 we will issue a Despatch Notice.
5.3 An offer made by you to purchase a Report shall only be deemed to be accepted by us when we issue a Despatch Notice to you. We reserve the right to refuse any offers, and to withdraw credit offered to Trusted Multi-User Account holders (if applicable) prior to acceptance.
5.4 Once we have accepted your offer we will email you a PDF copy of your SCA Report simultaneously with the Despatch Notice at the single Email address held on your Account for your safekeeping.
5.5 Despatch Notices and Reports will be deemed received by Users at the time of completion of the transmission by us of the Report provided that we do not receive an automated undeliverable message response, in which case it will be deemed received on the next transmission when such reply is not received.
5.6 You must inform us within 24 hours of an order if you do not receive a Report ordered from our website. The notice required under this clause must be sent via email to email@example.com .
5.7 If you have any queries in relation to your Report you can contact us at firstname.lastname@example.org or Real Insight Limited, 70A High Street East, Uppingham, Rutland, LE15 9PZ.
5.8 Given the bespoke nature of the Reports made available to you through our service and given the fact that Reports are delivered simultaneously with the Despatch Notice, orders cannot be cancelled.
6. PRICE OF REPORTS
6.1 The price of Reports will be as quoted on our website from time to time and unless specifically described as including VAT, shall be exclusive of legally applicable VAT.
6.2 Prices for our Reports may change from time to time, but any such changes will not affect any order for a Report which we have accepted as signified by our issue of a Despatch Notice.
7. HOW TO PAY
7.1 We accept the following payment mechanisms:
(a) Paypal; and
(b) credit or debit cards.
7.2 Given the bespoke nature of the Reports made available to you through our service, payment for Reports shall be non-refundable subject to clause 8.2.
7.3 If you have an Account which is not linked to a Trusted Multi-User Account, payment for requested Reports will be debited from the personal account details provided by you immediately upon receipt of the Report request.
7.4 If you have an account linked to a Trusted Multi-User Account, payment for requested Reports will be debited on a monthly basis from the account details provided by the Account Holder of the Trusted Multi-User Account immediately.
8. YOUR RIGHT OF REFUND
8.1 Payments for Reports are non-refundable subject to Clause 8.2 below.
8.2 If you do not receive your Report but have received a Despatch Notice, you must inform us within 24 hours of receipt of the Despatch Notice. Subject to receipt of payment for your Report in accordance with these terms and conditions, we will endeavour to provide your Report within 48 hours from notification. If for any reason we are unable to provide your Report we will refund payment for the Report to the account details provided to us by you or the Multi-User Account holder (as the case may be) within 30 days of confirmation from us that the Report cannot or will not be submitted.
9. NO WARRANTY
9.1 Much of the information contained on our website, and used by the SCA Web Application is concerned with combining complex commercial and technical information with the specific input information relating to your proposed product in order to provide you with a bespoke ‘should cost’ Report. The website also uses published summarised data and bench marking information within the public domain published at the relevant time. Reports provided are not therefore a substitute for professional advice.
9.2 We would recommend that additional research is conducted to supplement the Report(s) in order to account for additional variables that may not be referred to within the input fields, or otherwise within our Report given that. global economic conditions change constantly at a rapid pace and empirical, statistical benchmarking information can become out-of-date.
9.3 We do not warrant, represent or guarantee:
(a) the accuracy of the information published on this website;
(b) the completeness of the information published on this website;
(c) that the information published on this website is up-to-date;
(d) or the information on the website or in the generated Reports can be applied to achieve any particular result.
9.4 Users take full personal and legal responsibility for any decisions made, or actions taken, based on content provided on the website, or on Reports provided by us.
10. OUR LIABILITY
10.1 Subject to Clause 10.2 we will under no circumstances whatsoever 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, special or consequential loss.
10.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any breach of these Terms and Conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
10.3 To the maximum extent permitted by applicable law, we exclude all representations, warranties and guarantees relating to this website, the use of this website and of Reports (including and without limitation, insofar as we are lawfully able to, any warranties implied by law).
10.4 Our aggregate liability to you in respect of an individual Report will not exceed the total amount paid for purchase of that Report.
11.1 We own all intellectual property rights connected with the SCA Invention, the SCA Web Application and the information contained within this website, except where it is owned by third parties affiliated with us.
11.2 We have full and exclusive right to exploit the SCA Invention and the SCA Web Application for its own commercial purposes without any obligation to any user of the website or any other party.
11.3 Nothing in this agreement gives transfers or assigns any intellectual property or any intellectual property rights to you.
11.4 You must retain, and must not delete, obscure or remove all copyright notices and other proprietary notices, including but not limited to our logos on any report or in any derivative.
11.5 Real Insight Ltd, SCA and any other logos included on this website are trademarks belonging to us and or our customers or third party affiliates and any unauthorised use would constitute an infringement of the relevant rights. The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
12.1 You acknowledge that some of the information included within our Reports is obtained from third parties. Such information is in the public domain generally and we accept no responsibility for its accuracy or otherwise.
12.2 Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the content of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. PERMITTED USES
13.1 Storing and viewing the report on a single desktop, notebook, or other computer
13.2 Printing an unlimited number of copies of your Report
13.3 Copying the contents of the report in to other documents (to be known as derivatives of the Report), e.g. powerpoint presentations, only when solely for the dissemination of Report information for the sole benefit of your business organization, provided that you acknowledge our moral rights by inserting the following "created and generated by Real Insight Limited" in clear and readable font on every page on which Report contents appear in any and all derivatives you produce or have control of producing.
13.4 You must not sell, distribute or publish the Reports or derivatives thereof.
13.5 You must not use the SCA Web Application, or any Report, or the contents of any Report to compete with us, whether directly or indirectly.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
We do not share customer details with any 3rd parties.
If you do not wish to receive marketing emails from us, you must select to opt out of marketing emails at the point of registration.
16. BREACHES OF THESE TERMS AND CONDITIONS
16.1 Without prejudice to our other rights, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these Terms and Conditions of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your Account and/or Multi-User Account with the website; and/or
(h) delete and/or edit any or all of your content.
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 and/or Multi-User Account and/or Trusted Multi User Account).
17. CANCELLATION AND TERMINATION
17.1 We reserve the right to modify or discontinue, temporarily or permanently, the website, the SCA Report service or any part thereof with or without notice.
17.2 You may cancel your Account and/or your Multi-User Account and/or your Trusted Multi-User Account by emailing email@example.com.
17.3 Your Account and/or Multi-User Account and/or your Trusted Multi-User Account is not considered cancelled until you can demonstrate that you have received our acknowledgement of your cancellation from us by email.
17.4 The personal information related to your Account and/or Multi-User Account content will be deleted from the website upon cancellation.
17.5 On cancellation of your Account and/or Multi-User Account and/or your Trusted Multi-User Account all charges due and owing by you will become immediately due and payable and will be debited directly from the account details provided.
18. FORCE MAJEURE
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 18.2.
18.2 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.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these terms and conditions will be suspended.
18.4 If any obligations under these terms and conditions cannot be performed within 7 days of an order because of an Event Outside Our Control, both parties obligations will be terminated and we will refund any payment made by you with 30 days.
You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these terms and conditions. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without obtaining our prior written consent.
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. If any unlawful and/or unenforceable provision 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.
21. THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you (which in the case of Accounts linked to Multi User Accounts and Trusted Multi User Accounts, shall include the Multi-User Account holder and Trusted Multi User Account Holder) and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
22. ENTIRE AGREEMENT
23. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.