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<head>
<title>Title of the document</title>
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<a class="logo" href="#"><span class="sr">Vestigium</span></a> <input type="checkbox" id="navigation-toggle-checkbox" name="navigation-toggle-checkbox" class="navigation-toggle-checkbox none"> <label for="navigation-toggle-checkbox" class="navigation-toggle-label" onclick=""><span class="navigation-toggle-label-inner"><span class="sr">Navigation</span></span></label>
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<a href="index.html#download">Download</a>
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<div id="terms" class="content-block legal-block">
<div class="legal-block-inner container">
<h2>BROWER TOOL TERMS OF USE AND SALE</h2>
<p>
Your Browsing Insights ('we', 'us', 'our') provides its users with profiling tools for their browsing behaviour. The features are provided to users through
the download of a software (the Browser Tool) and access to additional software features via a user account. Users are granted a licence on the terms of
the End User Licence contained in this Agreement and these Terms of Use and Sale. This is a monthly service for which users ('you', 'your' or 'subscriber')
may access a limited service for free or register with us for a full Licence and pay a monthly Licence Fee.
</p>
<p>
<strong>
IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE DO NOT REGISTER FOR THE SERVICES. YOUR COMPLETION OF REGISTRATION OR CONTINUED USE OF THE SOFTWARE
AND ITS FEATURES WILL BE DEEMED AS ACCEPTANCE OF THESE TERMS AND CONDITIONS.
</strong>
</p>
<p>
<strong>THESE TERMS AND CONDITIONS CREATE A LEGAL AGREEMENT BETWEEN YOU AND US, SO PLEASE TAKE YOUR TIME TO READ THIS DOCUMENT CAREFULLY.</strong>
</p>
<p>
You can contact us by [telephone] if you have any questions now or at any time during your Subscription to Your Browsing Insights.
</p>
<p>
<strong>Who we are and notices to you</strong>
</p>
<p>
We are Your Browsing Insights Ltd, and are established in England and Wales. Our company number is 09939474 and our registered office address is 1 Sycamore
Road, Amersham, HP6 5ED, United Kingdom. We have notified the Information Commissioners Office for Data Protection purposes and our registration number is
ZA165300.
</p>
<p>
All communications from us will be sent via email to the email address that you provide to us or by SMS message. As such you agree that we can communicate
with you by these methods. However, we reserve the right to send you communications via post if we are unable to contact you (for example if your email
address is incorrect or the email is returned undelivered).
</p>
<p>
Except for notice of cancellation which must be by telephone or post, all notices from you to us must be by email response as set out in this Agreement or
by post to our registered office address.
</p>
<p>
Our telephone number is: [xxxxxxxxx] lines are open Monday - Friday 8:00am - 5.30pm (excluding public holidays in the UK). Calls to 0800 numbers are
normally free form most landline and mobile phones.
</p>
<p>
We may from time to time update these terms and conditions, as well as those contained in our <em>Terms of Use</em> and <em>Privacy Policy</em>. All
general notices from us to you will be displayed on our website (https://www.yourbrowsinginsights.co.uk/) (<strong>" Website"</strong>) from time to time
or sent by email or letter.
</p>
<p>
For information on our privacy practices please see our Privacy Policy. We take privacy very seriously and aim to comply with all relevant provisions of UK
data protection legislation. All personal information provided through this website or by email, such as enrolment information or information necessary to
complete the purchase of our services, will be handled in accordance with the Privacy Policy.
</p>
<p>
<strong>Who You Are</strong>
</p>
<p>
You are a potential subscriber to Your Browsing Insights, you must be aged 18 or over and resident in the United Kingdom as this is the area that we
service. By registering for the service you are making a statement upon which we can rely that you meet the conditions set in this paragraph.
</p>
<p>
<strong>Subscription and Subscriber Benefits</strong>
</p>
<p>
In order to access the full benefits, you must first download the Browser Tool from our Website (<em>LINK</em>) and accept these terms and conditions.
</p>
<p>
As a Subscriber you will be entitled to:
</p>
<p>
See who is tracking you when you are online
</p>
<p>
View the different categories of cookies on your device
</p>
<p>
View an analysis of your browser activity in a report
</p>
<p>
View your Web User Profile and receive assistance on how to manage this
</p>
<p>
Easily enable, disable or block cookies that are active on your device or that are tracking you.
</p>
<p>
In order to become a Subscriber, you will need to create an account and provide us with personal details as well as nominating a payment card for the
payment of the licence fees (Licence Fees).
</p>
<p>
You will be provided with a password and username which you are responsible for keeping secure. You must promptly notify us if you think that your account
or login details have been compromised.
</p>
<p>
As Subscribers will be provided with a Web User Profile, we may from time to time need to store your browser data in order for us to create the profile for
you. We will not use this information for anything other than creating the for profile you. Please see of <em>Privacy Policy</em> for further details on
how we use your personal data.
</p>
<p>
As a Subscriber you will be entitled to access any new benefits that we make available to Subscribers unless we notify you otherwise.
</p>
<p>
You may from time to time be offered access to other paid for services from us or from our third party clients. These services will be offered to you on
the terms and conditions presented to you at the time the services are offered to you. You do not have to accept these new services as part of this
Subscription.
</p>
<p>
Subscription is personal to you and is not transferable.
</p>
<p>
Subscriber benefits are not for resale.
</p>
<p>
<strong>Promotional Period</strong>
</p>
<p>
We may offer some of our new Subscribers a Promotional Period, which may be a reduction on the full Licence Fee or a limited free trial period. You will be
advised of the details of the Promotional Period at the time you sign up. Within this period, you will have all the benefits of a full Subscription. You
will still be required to provide your card details at the time of sign up, even when a Promotional Period is presented to you so that you can enjoy
uninterrupted access to the services after the Promotional Period expires.
</p>
<p>
<strong>Your Acceptance to Subscribe to the Services </strong>
</p>
<p>
By clicking the "I Agree: Submit" (or similar) button on the registration page, or by verbally providing your consent in any sales call you indicate your
acceptance of this Agreement and agree to pay any relevant License Fee (including after any Promotional Period). Once this button is clicked, or you have
verbally consented, there is a legally binding contract between you and us which consists of this Agreement the <em>Terms of Use</em> and the <em>Privacy Policy</em>.
</p>
<p>
You Subscription will start from the earlier of the time that we provide you with your login detail or we send a confirmation (by email or by post) and
lasts until your Subscription terminates as detailed in paragraph 9 below.
</p>
<p>
<strong>Renewal of Subscription </strong>
</p>
<p>
Unless a you tell us that you wish to terminate this Agreement (i.e. cancel/end your Subscription) by following the instructions in paragraph 9, your
Subscription will be renewed automatically each month (<strong>"Renewal"</strong>) and you will be charged the monthly License Fee, which will appear on
your monthly card statement.
</p>
<p>
The Description [billing descriptor] will appear on your card statement against each payment each month along with our telephone number.
</p>
<p>
<strong>Downloading the Bower Tool Application </strong>
</p>
<p>
In order to access some of the benefits you will need to download and add to your browser (i.e. Google Chrome, Internet Explorer, Safari etc..) a small
application (commonly referred to as an extension). You will need to check your browser settings for how this extension can be added or follow our
instructions which can be found here. Once you have added the tool all you need to do is let the tool run its analysis on your cookies and browser history.
</p>
<p>
By downloading the Browser Tool, you agree to our <em>End User Licence</em><em> </em>set below
</p>
<p>
<strong>End User License </strong>
</p>
<p>
The following paragraphs set out the basis upon which we grant you a License to use the Browser Tool and any associated services.
</p>
<p>
<strong>Licence </strong>
</p>
<p>
You are granted a limited worldwide, non-exclusive, royalty free, revocable licence (the 'Licence)' to download and use the Software on the terms set in
this Agreement. Your use of the Software does not grant you any other rights in it. Where you have purchased additional features or add ons then the terms
of this Licence extend to those purchases also.
</p>
<p>
<strong>Restrictions </strong>
</p>
<p>
You must not use the Software in any way that is contrary to this Licence. Without our explicit consent, you must not attempt to copy, reproduce,
disassemble, translate, adapt, vary, decompile or reverse engineer the Software in any manner. You will also not attempt to create or design on your own or
with another any competing product in any media. You will also not sell, rent or licence the Software or any proportion of it to any third party.
</p>
<p>
<strong>Updates to Software</strong>
</p>
<p>
We may from time to time update and modify the Software, or any additional features or add on to ensure their stability, security and functionality with
different technology and devices. All modifications and updates will be subject to the Licence granted to you.
</p>
<p>
<strong>Intellectual Property Rights and Ownership </strong>
</p>
<p>
All rights in the Software any additional features or add on (including Intellectual Property Rights in these) belong to us or are licenced to us, and your
downloading of and use of the Software or any additional features or add on will not result in any transfer of any right in the Software or the feature of
add on to you. All trademarks, product or service names and company names or logos are the property of their respective owners. We do not give permission
in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and any such use may constitute an infringement
of the owners' rights.
</p>
<p>
<strong>Warranty and Disclaimer </strong>
</p>
<p>
The Software and any associated services are provided '<strong>as is'</strong>, without any warranty of any kind. We make no warranties as to the fitness
for any particular purpose or to the accuracy or completeness of the information, text, images and other links contained within the Software or the related
services. We make no warranty about the availability of the Software or the associated services or whether your use will be uninterrupted or error free
</p>
<p>
<strong>Termination of Subscription and Rights to Cancel </strong>
</p>
<p>
You may terminate this Agreement (i.e. cancel Subscription) at any time by:
</p>
<p>
Calling us on [TELEPHONE NUMBER]; or
</p>
<p>
Contacting us via email [EMAIL ADDRESS]; or
</p>
<p>
By notifying us in writing at: Your Browsing Insights Ltd, 1 Sycamore Road, Amersham, HP6 5ED.
</p>
<p>
We reserve the right to terminate this Agreement (i.e. cancel Subscription) at any time and for any reason. If we do this, we will refund any sum deducted
by us from your credit card/debit card in respect of any period of Subscription for which you have paid but which you will not benefit from because we have
terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of
termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
</p>
<p>
Termination of this Agreement (and cancellation of Subscription) will be effective within two working days of the receipt by us of your cancellation
request or within 14 days of our notice to you.
</p>
<p>
Further, you have a right to cancel this Agreement, for any reason, within 14 days from the day after you entered into this Agreement with us and receive a
full refund of the Licence Fees that you have paid ('the cooling off period'). To exercise the right to cancel under this paragraph, you must inform us of
your decision to cancel this Agreement by a clear statement in writing (e.g. a letter sent by post, fax or email), you may use the Model Cancellation Form
set at the end of these terms and conditions to do this. However, as Subscription starts immediately and by agreeing to register you agree that we can
provide you with the service before the 14 days cooling off period finishes you may lose your right to obtain a full refund when you cancel.
</p>
<p>
On termination:
</p>
<p>
If the termination is within the any Promotional Period then no Licence Fees will have been payable or will be payable by the you, and no Licence Fees will
be re-credited to your account;
</p>
<p>
If the termination is within the 14 days cooling off period then you will be entitled to cancel without charge, and will be entitled to a full or partial
refund of any Licence Fee charges incurred in this 14-day period depending upon the services already provided to you at the date of cancellation.
</p>
<p>
If the termination is at any time after a promotional period, then the you will not owe any further Licence Fees other than those Licence Fees that are
already due (You will not be entitled to a refund of any past Subscription Fees charged to your account); and
</p>
<p>
Entitlement to access, make use of or benefit from Subscription shall cease.
</p>
<p>
<strong>Subscription Fees and Continuous Payment Authority </strong>
</p>
<p>
When registering for the service, you provide us with a continuous payment authority (<strong>"CPA"</strong>) so that we can collect the Licence Fee
automatically from your bank account using the debit or credit card you nominated for this purpose.
</p>
<p>
After any Promotional Period, the monthly Licence Fee is payable in advance and will be automatically charged at the end of the Promotional Period or on
renewal by use of CPA.
</p>
<p>
If the attempt for the Licence Fee at the end of the Promotional Period or at Renewal is unsuccessful we shall use CPA to make 15 further attempts in a
period of 30 days beginning the date that the Licence Fee became due.
</p>
<p>
Throughout the period referred to in paragraph 10.3 your access to the Service may be suspended pending receipt of the Licence Fee.
</p>
<p>
The attempts set out in paragraph 10.3 will continue until payment for that month is received in full, or the limit of 15 further attempts has been
reached.
</p>
<p>
To cancel this CPA, you may contact your bank directly. Alternatively, you may ask us to cancel it by using the contact details found in paragraph 1.
Please be aware that if you do cancel you will still owe any outstanding Licence Fees as agreed and your access to the Service will be terminated.
Cancellation of this CPA will be effective from the date that we receive such notification.
</p>
<p>
We may increase or decrease the Licence Fee on 30 days' notice on the Website and by notice by email or letter to you. If you do not agree with any such
change, you may terminate this Agreement as set in paragraph 9 before any such change takes effect.
</p>
<p>
We will never take any payment which is less or more than the Licence Fee to which you have agreed to pay or has been notified to you.
</p>
<p>
<strong>WARRANTIES, BENEFITS & DISCLAIMERS </strong>
</p>
<p>
We will at all times carry out our obligations under this Agreement with reasonable care and skill.
</p>
<p>
This service has been designed for users in the United Kingdom only.
</p>
<p>
We reserve the right to eliminate, add, change and substitute services/benefits of the service and/or elements of the service/benefits from time to time
without notice to any or all Subscribers.
</p>
<p>
Other than as expressly set out in this Agreement, we make and give no conditions, warranties or other terms, express or implied (including the conditions
or warranties as to satisfactory quality or fitness for purpose) with respect to any application or the reports or in respect of any information provided
to a Subscriber. We do not warrant that the Browser Tool or the service will be error free or that the use of the Browser Tool and the associated services
will be uninterrupted.
</p>
<p>
<strong>LIABILITY </strong>
</p>
<p>
This paragraph 12 prevails over all other paragraphs and sets out our entire Liability (as defined below), and your sole and exclusive remedies in respect
of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and you; or b) otherwise in relation to
the contract between us and you or the entering into or performance of the contract between us and you; or c) a Subscriber's use of or participation in the
Subscription.
</p>
<p>
We do not exclude or limit our Liability for things we are not allowed to by law i.e. (i) fraud or fraudulent misrepresentation; (ii) death or personal
injury; (iii) any breach of obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability
which cannot be excluded or limited by applicable law.
</p>
<p>
Except for the matters in paragraph 12.2, neither of us shall be responsible for losses that result from our failure to comply with these Terms including,
but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of actual or anticipated profit; (c) loss of
business; (d) loss of anticipated savings; or (e) loss of data. However, this clause 12.3 shall not prevent claims for foreseeable loss of, or damage to,
your physical property.
</p>
<p>
Save as provided in paragraph 12.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, the lessor of (a) a sum
equal to 12 months of Subscription Fees stated on the enrolment website, or (b) Subscription Fees actually paid by the Subscriber to us in the 12-month
period prior to any particular cause of action arising.
</p>
<p>
The limitation of Liability under paragraph 12.4 has effect in relation both to any Liability expressly provided in this Agreement and to any Liability
arising by reason of the invalidity or unenforceability of any provision of this Agreement.
</p>
<p>
<strong>TRADE MARKS, BRANDS ETC. </strong>
</p>
<p>
We are the operator of Your Browsing Insights and responsible for the production of the Website.
</p>
<p>
All trademarks, product or service names and company names or logos on the Website and on hard copy materials are the property of their respective owners.
We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and any such use may
constitute an infringement of the owners' rights.
</p>
<p>
<strong>11. EVENTS BEYOND OUR CONTROL </strong>
</p>
<p>
We shall have no liability to any Subscriber for any failure of performance or any delay in performance that is caused by any event or circumstance beyond
our control.
</p>
<p>
<strong>INVALID PROVISIONS </strong>
</p>
<p>
If any provision of this Agreement is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other
part will not be affected.
</p>
<p>
<strong>THIRD PARTY RIGHTS</strong>
</p>
<p>
Except for our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights
of Third Parties) Act 1999 (the <strong>"Act"</strong>) to enforce any term but this does not affect any right or remedy of a third party that exists or is
available other than under the Act.
</p>
<p>
<strong>ENTIRE AGREEMENT</strong>
</p>
<p>
<strong> </strong>
</p>
<p>
This Agreement, together with documents referred to within it, set out the whole of our agreement relating to the Licence and Subscription. Nothing said by
any sales person on our behalf should be understood as a variation of this Agreement or as an authorised representation about the nature or quality of the
service or Subscription. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
</p>
<p>
We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published
on the Website or in other hard copy materials. From time to time the Website or other hard copy materials may contain technical inaccuracies or
typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
</p>
<p>
<strong>NO WAIVER </strong>
</p>
<p>
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and
shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.
</p>
<p>
<strong></strong>
<br/>
</p>
<p>
<strong>GOVERNING LAW</strong>
</p>
<p>
We operate for the UK only, so this Agreement shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and
interpreted in accordance with the laws of England and Wales. Also, the use of the Website is governed by the laws of England and Wales. The Agreement (and
any dispute, controversy, proceedings or claims of whatever nature in relation to it) shall be governed and interpreted in accordance with the laws of
England and Wales. You and we hereby submit to the exclusive jurisdiction of the English courts.
</p>
<p>
<strong>Model Cancellation Form</strong>
</p>
<p>
You may use the following format to cancel this Agreement with us, although you are not obliged to do so:
</p>
<p>
To
<br/>
Cancellations
<br/>
Your Browsing Insights
<br/>
1 Sycamore Road
</p>
<p>
Amersham
</p>
<p>
HP6 5ED
</p>
<p>
Dear Sirs,
</p>
<p>
I hereby give notice that I want to cancel my contract for the supply of the following service ordered on (date)
<br/>
</p>
<p>
- Your Browsing Insights
<br/>
- Subscription ID:
<br/>
- Full Name:
<br/>
- Address (Including Post Code)
</p>
<p>
Signed:
</p>
<p>
Dated:
</p>
<p>
Last Updated <strong>March 2016</strong>
</p>
</div>
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<p>© Copyright 2015 — All Rights Reserved</p>
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