Last Updated: 11 October 2017
- Progress Bank (Service) is provided by Progressive Analytics Limited (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
Registration and Account Integrity
- As part of the registration process you will need to create an account using an email address and password.
- It is your responsibility to keep your password safe. If for any reason you suspect that your password has been disclosed to or obtained by another party, you should contact us immediately. Please note that we never contact users requesting them to confirm their password or other details.
- You may cancel your account at any time.
- Cancellation should be requested by contacting the support team via email (firstname.lastname@example.org).
- You are responsible for exporting any data before your account is cancelled.
- Trial periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
- These Terms and Conditions apply to all trial period accounts.
- Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
Specific Service Rules
- As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
- The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
- As a user you agree not to do any of the following:
- As a user you retain all ownership rights to content provided by you.
- You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
- We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
- Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable (but only where we can reasonably ascertain the true owner of such content).
- If as the owner of such content, you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
- Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
- We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
- Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 7 and 14.
Access and Backups
- We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 13.3.
- Refunds will not be offered where a third-party provider who supplies a service to you, rather than us, causes the issue.
- We are responsible for backing up all data stored with the Service.
- We are not responsible for the accuracy of any content on the Service, except where such Content is provided by us.
- We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
Limitation of Liability
- We shall not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
- Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
- In any event our liability and that of our employees, officers and third party partners shall be limited in any 12-month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
- You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
- The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
- Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
Entire Terms & Conditions
- These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving notice to you.
- These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.