Please read this carefully because it sets out the terms of a legally binding agreement between you and the Sales & Marketing Consulting Group Limited trading as KeyAccountManagement.org.
These are the terms and conditions on which you may use the KeyAccountManagement.org website, mobile and other online services, and the content/services available on them (which we call ”Content”). These terms apply to your use of KeyAccountManagement.org and all Content irrespective of the delivery platform or device you use to access it. By accessing KeyAccountManagement.org you are agreeing to these terms and conditions. If you use KeyAccountManagement.org and the Content in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.
If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use KeyAccountManagement.org or any Content. If you have any questions please contact info@KeyAccountManagement.org. We recommend that you print and save a copy of these terms and conditions for your records.
We strongly recommend that you read these terms and conditions in their entirety. However for your convenience we have provided a summarised version of them as part of our Frequently Asked Questions.
Except where we state otherwise in Section 7, references in these terms and conditions to ”KeyAccountManagement.org” or ”we”, ”us” or ”our” refer to the company operating KeyAccountManagement.org. See Section 10 below for details.
These terms and conditions were last updated on 1 October 2012 and replace all previous terms and conditions for KeyAccountManagemet.org. We may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of such changes in Section 11 below. You should regularly check Section 11 to see if any changes have been made. If you are KeyAccountManagement.org subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a subscriber, any changes will become effective as soon as we notify you of them.
We may in exceptional circumstances cease to publish KeyAccountManagement.org, the Content or cease to provide subscription services. If we do so, then we will have no further obligation to you, unless you are a subscriber in which case we will offer you a refund of the unexpired period of your subscription. See Section 7 for details.
2. Access and Use
Our ability to invest in high quality material depends on our users complying with this Section 2. The amount of the Content that you can view on KeyAccountMangement.org depends on what type of user you are.
In summary, unless you are a registered user you may not be permitted to view any Content; if you are a registered user, you can view a limited amount of the Content; if you have a Subscription you can view all of our Content. We may vary the amount of Content each category of user can access depending on the device used to access the Content. From time to time we may invite specific groups of users to access certain sections of Content which may be the same as or different to the access given under other subscriptions.
Permitted Use: All Content belongs to us or our licensors who own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. No intellectual property rights in any Content are transferred to you. You may do the following:
View the Content for your personal use on any device that is compatible with KeyAccountManagement.org application (this might be your PC, laptop, smartphone, tablet or other mobile device) and store Content on that device for your personal use.
Print copies of written Content on paper for your personal use.
Share links to the Content. You can also send full text to email addresses of individuals (but not group email accounts). Recipients will need to be registered users or Subscribers to access the Content.
Use spidering technology to search and link to KeyAccountManagement.org, provided that you do not infringe the Restrictions on Use below.
On condition that you do not create a Substitute (as defined below), you may also do the following:
Publish online, the original Content headline and a link to the Content and the first 140 characters of an article.
Forward the original headline and a link to the article and the first 140 characters of an article to other individuals.
We define a Substitute as a product or service that reduces the need for users or other third parties to pay for our Content directly, or which creates revenue from the Content to the detriment of our own ability to generate revenues from that Content.
As specified in the “Restrictions on Use” section below you may not republish or redistribute full text articles. You may however republish or redistribute “Summaries” of articles if you comply with the conditions set out below. “Summaries” can be either an “extract” or an “abstract”. By “extract” we mean 30 words copied verbatim from an article which are inserted into a longer original work . By “abstract” we mean a 30 word non-verbatim summary of the news or facts reported in an article which does not form part of a longer work.
These are the conditions you must comply with in order to produce summaries:
- you source KeyAccountManagement.org as the source of any article from which you have derived a summary;
- in the case of abstracts, you make clear that the abstract has been produced by you by stating “this abstract is from KeyAccountManagement.org;
- you ensure that your summaries do not in whole or in part form a Substitute for our own products and services (see above for how we define Substitute). The more summaries you create the greater the risk of substitution. No individual or organisation may create, republish or redistribute more than ten summaries in aggregate each day, each one sourced from a different article that is published on the same day you create the summary;
- you do not use or create summaries that promote or endorse any product or service; and
- if we notify you that we believe you are creating, republishing or redistributing summaries outside of these parameters, you shall immediately cease doing so and your rights to create summaries shall be regarded as having been withdrawn, unless/until we reach an agreement with you regarding your use of our Content.
Please note that these rights do not extend to content, data or other material published by us that we licence from third parties which you may not republish or redistribute in whole or in part.
PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT CERTAIN TYPES OF USE REFERRED TO IN THIS SECTION 2, THE RESTRICTIONS BELOW ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF KEYACCOUNTMANAGEMENT.ORG.
Restrictions on Use: You cannot use Content for any unlawful purpose or other than as set out in the “Permitted Use” section above. By way of example only, this means that you cannot:
Share your user name and password (which includes PINS) with anyone else. A password is for one person’s use. Sharing a password means a copy of the Content may subsequently be made by someone who is not authorised to do so. Password sharing is a breach of our terms and conditions and is likely to result in an infringement of copyright. We monitor usage of KeyAccountManagement.org to detect password sharing.
Copy, publish, republish or redistribute, communicate or disseminate to third parties full text articles, photographs, graphics, tables or images in any way
Copy, publish, republish or redistribute headlines in any way other than as permitted by the “Permitted Use” section above (including as part of any syndication, content aggregation, news aggregation, library, archive or similar service).
Archive or store any of the Content for access by anyone other than yourself.
Create derivative works from the Content, unless you are creating summaries as described in the “Permitted Use” section above.
Remove the copyright or trade mark notice from any copies of Content made under these terms and conditions.
Create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content (by spidering or otherwise).
Frame, harvest or scrape the Content or otherwise access the Content for similar purposes.
Use or attempt to use the Content outside the parameters we set depending on what subscription you have.
Linking: If you would like to link to KeyAccountManagement.org, please read and comply with the following guidelines and all applicable laws. A site or service that links to KeyAccountManagement.org:
May display the KAM.org logo but must not otherwise use any trade marks without permission from;
May not remove, distort or otherwise alter the size or appearance of the logo;
May link to the homepage of KeyAccountManagement.org, and, provided that the requirements of Section 2 are complied with, may also link to other pages of KeyAccountManagement.org;
Must not in any way imply that we are endorsing it or its products or services;
Must not misrepresent its relationship with us or present false information about us;
Must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
Must not be a site or service that contains content that could be construed as distasteful or offensive.
On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration or subscription pages. We are entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password (”ID”). You are not allowed to share your ID or give access to Content through your ID to anyone else. We do not allow multiple users on a network or within an organization to use the same ID. We may cancel or suspend your access to KeyAccountManagement.org if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of KeyAccountManagement.org or our Content.
You are responsible for all use of KeyAccountManagement.org made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us at info@KeyAccountManagement.org. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
If you are a registered user of or subscriber to KeyAccountManagement.org then you may choose to use the ”Remember me” log in feature that enables you to be logged in automatically whenever you visit KeyAccountManagement.org without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features personal to you.
KeyAccountManagement.org includes discussion forums and blogs, in both text and video format, that allow interaction between users (we call these ”Forums”). We call the information posted to these forums or blogs by users “User Generated Content” or “UGC”.
If you wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting us a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on KeyAccountManagement.org or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
Only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
Not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
Not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
Not post, link to or otherwise publish any UGC that is threatening, abusive, libellous, indecent or otherwise unlawful.
Not disguise the origin of any UGC and not impersonate any person or entity (including us or our employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
Not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
Not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of KeyAccountManagement.org or any computer software or equipment.
Not collect or store other users’ personal data.
Not restrict or inhibit any other user from using the Forums.
The Forums contain UGC submitted by users over whom we have no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for us to fully monitor all UGC published on KeyAccountManagement.org but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it and act accordingly. If you believe that any UGC published on KeyAccountManagement.org infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at info@KeyAccountManagement.org
KeyAccountManagement.org may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call ”Third Party Sites”), either directly or through frames. WE are not responsible for the content on any Third Party Site.
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, we accepts responsibility (liability) to you for your use of KeyAccountManagement.org or the Content. Unless you are a subscriber, we accept no financial responsibility to you arising from your use of KeyAccountManagement.org or the Content. If you are a subscriber to KeyAccountManagement.org, we limit our financial responsibility to you arising from your use of KeyAccountMangement.org or the Content to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on KeyAccountManagement.org. By Third Party Products we mean products or services provided by third parties. Although this means that we accept very little in the way of financial responsibility for your use of KeyAccountManagement.org and the Content, we think this is fair on the basis that you can view certain content and services free-of-charge, and the cost of a subscription is relatively inexpensive. It is not commercially possible for us to accept more responsibility for your use of KeyAccountManagement.org than set out in this Section 6 taking into account that we permit you to use KeyAccountManagement.org for no or a relatively inexpensive cost.
Limitations of Content: the KeyAccountManagement.org Content (including any information we publish regarding Third Party Products) is only for your general information and is not intended to address your particular requirements. In particular, the Content, including UGC and any other content provided by third parties and distributed by KeyAccountManagement.org, does not constitute any form of advice, recommendation, representation, endorsement or arrangement. The Content is general in nature and not specific to any individual and therefore it is not intended to be and should not be relied upon by users in making (or refraining from making) any commercial decisions, specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) KeyAccountManagement.org are at your own responsibility and entered into at your own risk. Any information that you receive via KeyAccountManagement.org, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you.
What we promise: WE WILL TRY TO DEVELOP AND OPERATE KEYACCOUNTMANAGEMENT.ORG WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH WEARE AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF KEYACCOUNTMANAGEMENT.ORG AND THE CONTENT.
What we do not promise: KEYACCOUNTMANAGEMENT.ORG AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT MAKE ANY PROMISES IN RESPECT OF KEYACCOUNTMANAGEMENT.ORG OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH KEYACCOUNTMANAGEMENT.ORG OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM KEYACCOUNTMANAGEMENT.ORG. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DO NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF KEYACCOUNTMANAGEMENT.ORG AND DO NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT KEYACCOUNTMANAGEMENT.ORG IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF KEYACCOUNTMANAGEMET.ORG AND ALL CONTENT. WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR MATTERS BEYOND OUR REASONABLE CONTROL. WE DO NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.
Our financial responsibility to you: YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, OR IF YOU INCUR ANY LOSS AS A RESULT OF USING KEYACCOUNTMANAGEMENT.ORG OR ANY CONTENT, WE ACCEPT NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE CONTENT.
YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT.
We offer subscription services through Key AccountManagement.org and recommend that you read our Frequently Asked Questions for more details and before purchasing a subscription.
Types of subscription: unless you purchase a subscription to use KeyAccountManagement.org then your usage rights will be limited. You may obtain broader usage rights by purchasing a subscription.
Contract formation: We will try to process your subscription promptly but we do not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. We reserve the right to reject any offer in our discretion, for any or no reason.
Payment details: when you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties.
Refunds: If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card than we will treat your subscription or temporary access pass as being for the benefit of both you and the relevant company.
Pricing: the subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions you can take out either an annual or monthly (or other frequency we offer) subscription. Other services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. We will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
Price increase: We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription or service at that price, even if we have mistakenly accepted your offer to buy a subscription or service at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription or service without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription or service and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Other costs: in addition to any subscription or service fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing KeyAccountManagement.org or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
Trials: we may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.
Renewals: if you chose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. If you chose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.
Cancellations by you and refunds: unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. You cancel your subscription yourself via your Account page – click on your name to bring up the Account page – then click on the button ‘Cancel Subscription’.
Cancellations by us: We reserve the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing KeyAccountManagement.org, the Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit/debit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
Who your subscription contract is with: if you buy a KeyAccountManagement.org subscription then you will be contracting with The Sales & Marketing Consulting Group whose registered office is First Floor, 27 Hoxton Street, London N1 6NH United Kingdom.
These terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 8) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For the exclusive benefit of us and to the extent possible in the applicable jurisdiction, we will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
The Sales & Marketing Consulting Group Limited is the owner and publisher of the KeyAccountManagement.org website, and its corporate details are as follows: registered office address is First Floor, 27 Hoxton Street, London N1 6NH; the Company Registration number is 4352574; VAT number is 790 9614 92; and Data Protection Registration Number is PZ3385357.
These terms and conditions were published on 1 October 2012 and replace with immediate effect the terms and conditions previously published.