Terms and Conditions

Effective Date: 2 November 2024
Last Modified: 2 November 2024

1. Legally Binding Agreement

These Terms and Conditions (“Agreement“) constitute a legally binding contract between Trade Insight Ltd(“Company,” “we,” “our,” or “us“) and the user (“User,” “you,” “your“) of the Trade Insight mobile application (“Service“).

BY ACCESSING, DOWNLOADING, OR USING THE SERVICE, YOU AGREE TO THESE TERMS.

2. Licence Grant

Subject to your compliance with these Terms, Trade Insight Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to download and install a copy of the mobile application on a mobile device that you own or control and to run such copy of the mobile application solely for your own personal or internal business purposes.

3. Representations and Warranties

3.1 User Representations

By using the Service, you represent and warrant that:

  • You have the legal capacity to enter into this Agreement.
  • All information you provide is accurate and up-to-date.
  • Your use of the Service complies with all applicable laws and regulations.
  • You will not use the Service for any illegal or unauthorised purpose.

3.2 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

To the fullest extent permitted under applicable law, Trade Insight Ltd expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Trade Insight Ltd makes no warranty that:

  • The Service will meet your requirements.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • The results that may be obtained from the use of the Service will be accurate or reliable.
  • Any errors in the Service will be corrected.

4. Disclaimer Regarding Health and Safety Assessments

The Service includes a database of hazards, risks, and control measures to assist users in producing risk assessments. These risk assessments are intended for guidance purposes only. Trade Insight Ltd makes no representations or warranties regarding the completeness, accuracy, or adequacy of the risk assessments or any information contained therein.

Users are solely responsible for conducting their own risk assessments and ensuring that all hazards are adequately identified and controlled before carrying out any works. The use of the risk assessments provided by the Service does not absolve you from your legal and professional responsibilities.

Trade Insight Ltd shall not be liable for any loss, damage, or injury arising from the use of the risk assessments or reliance on any information provided by the Service.

5. Limitation of Liability and Indemnification

5.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • Indirect, Special, Incidental, Consequential, or Punitive Damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
    • Your access to or use of or inability to access or use the Service.
    • Any conduct or content of any third party on the Service.
    • Any content obtained from the Service.
    • Unauthorised access, use, or alteration of your transmissions or content.
  • Direct Damages: In no event shall the total liability of Trade Insight Ltd exceed the amount you paid to the Company, if any, in the past twelve (12) months for the Service.

5.2 Indemnification

You agree to indemnify and hold harmless Trade Insight Ltd, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your access to or use of the Service.
  • Your violation of any term of this Agreement.
  • Your violation of any third-party right, including any intellectual property, confidentiality, property, or privacy right.

6. Jurisdiction-Specific Compliance and Rights

Trade Insight Ltd complies with legal requirements for different jurisdictions:

  • EU, EEA, and UK Residents: GDPR rights include data access, correction, and deletion.
  • California Residents: Rights under CCPA to know, delete, and opt out (note that Trade Insight Ltd does not sell data).
  • Canadian Residents: PIPEDA provides access and correction rights.
  • Australian Residents: Privacy Act grants access and correction rights.
  • Brazilian Residents: LGPD offers data access, correction, and portability rights.
  • International Users: Your data may be transferred to the United Kingdom. By using the Service, you consent to this transfer.

7. Technical Infrastructure and Data Security

The Service uses Apple’s Core Data and CloudKit under Apple’s security protocols. Trade Insight Ltd disclaims liability for any issues arising from iCloud.

8. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service.

9. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Trade Insight Ltd. Trade Insight Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Trade Insight Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any such content, goods, or services available on or through any such websites or services.

10. Electronic Communications

By using the Service, you consent to receive electronic communications from Trade Insight Ltd. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Trade Insight Ltd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Trade Insight Ltd may assign or transfer these Terms at its sole discretion without restriction.

12. Survival

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

13. Force Majeure

Neither party is liable for failures beyond reasonable control, including natural disasters, acts of war, governmental restrictions, or third-party failures.

14. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales to resolve any dispute or claim arising from this Agreement.

16. Modifications to Terms

Trade Insight Ltd may modify these Terms at any time. Changes are effective upon posting. If we make material changes to these Terms, we will notify you by email or through the Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

17. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the Arbitration Rules of the United Kingdom Arbitration Association. The place of arbitration shall be in the United Kingdom, and the arbitration shall be conducted in English.

18. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Trade Insight Ltd regarding the Service, and supersede all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter of these Terms.

19. Contact Information

For enquiries, please contact us at:

  • Email: legal@shanks.biz
  • Address: Trade Insight Ltd, 1 Corvine Way, Airdrie, North Lanarkshire, United Kingdom, ML6 7FL
  • Telephone: 07956 667345