Terms & Conditions
Please read these terms and conditions carefully. Without agreeing to these terms and conditions and your user licence granted by MEPS you will be unable to subscribe to / purchase MEPS publications, data-tables, or any other service. These terms and conditions override any other previous terms and conditions stipulated, incorporated or referred to by you. Unless you hold a multi-user licence, you will only be granted use of MEPS data on a standard single-user licence agreement.
DEFINITIONS
“Agreement” means the agreement between the Licensee and MEPS comprising of the order, together with these terms and conditions, and the relevant user licence.
“Licensor” or “MEPS” or “We” means MEPS International Ltd.
“Licensee” means the person, company or organisation who places an order, or requests information or services from the Licensor and whose order or request is accepted by the Licensor.
“MEPS data / data / material” means any information provided by MEPS within its publications, data-tables or any other service.
“Data-tables” means all data published through MEPS portal account, which includes, price data, production data, indices and forecasts.
“Publications” means MEPS Monthly Steel Reviews and MEPS Outlooks.
“Other services” means any service, excluding publications and data-tables, but including, any bespoke one-off product that is produced by MEPS for the Licensee.
“MEPS portal account” means the MEPS website or website area accessible by the Licensee.
“Subscription” means the supply by MEPS of MEPS publications / data-tables over a continued period as stated on your MEPS portal account / invoice.
“User licence” means the licence issued to the Licensee confirming the number of authorised users and terms of use granted to the Licensee by MEPS.
“User” or “You” means a person, or persons within the Licensee’s organisation that is authorised, under the Licensee’s user licence agreement, to receive or access MEPS data.
“Single-user” means the allocation of a single-user licence granting one user the right to use MEPS publications or data-tables, including any other copyright material MEPS may provide to a Licensee. The type of licence allocated to a Licensee is that stated on the Licensee’s user licence agreement, invoice or MEPS portal account.
“Multi-user” means the allocation of a multi-user licence granting more than one user the right to use MEPS publications or data-tables, including any other copyright material MEPS may provide to a Licensee. The number of users allowed under your multi-user licence will be stated on the Licensee’s user licence agreement, invoice or MEPS portal account.
Acceptance of Order
The Agreement relating to the use of MEPS publications and data-tables will come into force on the date that MEPS accepts the order and the Licensee makes full payment. The Agreement relating to other services will come into force on the date that MEPS receives instructions to proceed having issued its response to an order. On receipt of payment, the Licensee will be deemed to have accepted the terms of the Agreement.
Subscription Term
The user licence is effective for a 12-month period, unless otherwise stated on the order confirmation, invoice or MEPS portal account.
User Licence / Number of Users (MEPS portal account)
A user licence document will be issued on receipt of payment. Payment will be deemed as acceptance by Licensee of the user licence. The type of licence and number of users granted to a Licensee is that stated on the Licensee’s invoice or MEPS portal account. Should the Licensee require more than one user, then a multi-user licence must be purchased from MEPS.
The Licensee is responsible for ensuring that all persons who access data-tables through the MEPS portal account are aware of these terms and that they comply with them.
User Licence / Number of Users (MEPS Publications)
The type of licence and number of users granted to a Licensee is that stated on the Licensee’s user licence agreement or invoice. If you have a multi-user licence you will be in possession of a document from MEPS clearly stating the terms of the multi-user licence, including the number of users and any other special dispensations agreed by MEPS with the Licensee. If the Licensee does not hold such a document, then the Licensee has a single-user licence. Should the Licensee require more than one user, then a multi-user licence must be purchased.
The Licensee is responsible for ensuring that all persons who receive / access MEPS publications, price data or other services are aware of these terms and that they comply with them.
Restriction of Access and Changes
MEPS may restrict access to some or all its services at any time, if in its opinion, you have more users than that stated in your user licence document. Service will only be resumed once MEPS is confident that the terms of your licence are being upheld. Your licence document, order confirmation, invoice or MEPS portal account will clearly state the number of users granted under your licence.
Your user licence operates in conjunction with the terms and conditions. Details of your licence, what is allowed and what restrictions are placed on your licence conditions are detailed in your user licence.
MEPS reserves the right to alter the materials and services made available to the Licensee as it wishes and reserves the right to change the format, frequency, presentation and content of the data or publications without reference to you.
MEPS may restrict access to some parts or the whole of the MEPS portal account and its website in order to undertake site maintenance. Wherever possible, notification of any restricted access will be provided.
Charges and Payment
The charges for the licence and the payment terms are those stated on your invoice. Access to data-tables will not be permitted until full payment has been received. Publications and other services will not be dispatched until full payment has been received.
VAT will be applied if applicable.
Cancellations / Refund Policy
Subscriptions to publications or data-tables can only be cancelled at the end of the subscription term. No refund will be issued for early cancellation. Cancellations to other services (excluding publications and data-tables) will only be accepted prior to payment being received and the commencement of the relevant service.
MEPS may terminate your user licence at any time on the basis that it will repay you a proportion of the licence fee for the remaining period of the licence, except where the Licensee has breached the terms of the user licence granted by MEPS to the Licensee.
Copyright / Intellectual Property
MEPS owns all intellectual property rights, including copyright in each and all its publications, data-tables and other services. The Agreement is not a sale of the original materials or any copies. MEPS retains these rights under all circumstances.
MEPS data is licensed only to the Licensee. The Licensee may not lease, sub-license, sell, assign or transfer MEPS data without the written consent of MEPS.
Expiry of this Agreement
The user licence shall automatically terminate at the end of the current subscription term as detailed within these terms and conditions.
Throughout the subscription term and on expiry, all material remains the property of MEPS and therefore cannot be: passed, forwarded, copied, printed, displayed, uploaded, scanned, faxed, sent, or reproduced by any method, or in any form to other companies, or any persons except for those users authorised under your user licence.
Copyright restrictions on the MEPS material is permanent and therefore remains active after the subscription has expired and while ever the Licensee is in possession of such copyright protected material.
No Warranty
MEPS data is obtained and compiled from sources in the steel market which MEPS considers to be reliable and accurate. MEPS uses reasonable endeavours to ensure that the information obtained is correct and that its analysis is reliable, but no warranty is made as to the accuracy of the data.
Accordingly, MEPS does not give any warranties in respect of the services or information provided, except we hereby warrant that we are the owner of such intellectual property rights as may subsist in the information, to the extent that it comprises a database, as such term is defined in the Copyright, Designs and Patents Act 1988.
The data is provided on an “as is” basis without guarantee of accuracy or completeness. MEPS does not;
- give any warranty that the services it provides and the access to the data will be error free or uninterrupted;
- guarantee the availability or timeliness of the service or information; and
- save to the extent set out in the Agreement, all implied warranties or conditions of satisfactory quality, merchantability and fitness for a particular purpose are excluded to the fullest extent permitted by law.
You assume the entire risk as to the use and performance of the material provided.
We will use reasonable skill and care in the provision of the other services.
Limitation of Liability
If, during the subscription period, you are unable to access material via MEPS website for an extended period, MEPS will send you a paper or electronic version of the material.
Advertised publication and updating dates are intended as a guide only and under no circumstances constitute a guarantee, warranty or condition of the contract. If MEPS fails to publish and / or to deliver any material at all or in the event of any other failure, technical or otherwise, to publish or update individual publications / data-tables in a timely manner, MEPS’s liability will be limited to providing a full or partial refund for any monies paid.
In no event will MEPS be liable to you for any damages for any lost profits, loss of business, lost contracts, lost savings, loss of data or any indirect, special incidental or consequential damages arising out of any breach of contract or warranty, tort (including negligence and strict liability), of the use of or inability to use such materials, even if MEPS has been advised of the possibility of such damages. For the avoidance of doubt, nothing in the Agreement, or any related agreement, contract or order shall limit or exclude the liability of either MEPS or the Licensee for any matter which cannot be limited or excluded by law but otherwise, MEPS aggregate liability to the Licensee in respect of any and all liabilities arising out of or in connection with the Agreement shall not exceed the value of the charges for the licence granted to the Licensee.
Force Majeure
MEPS will have no liability for any delay or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside of its reasonable control.
General
The Licensee agrees that MEPS shall have the right, after supplying material, to use whatever means at MEPS’ disposal, to audit and track compliance with the Licensee’s user licence.
Amendments
No amendment to the Agreement shall be valid and binding unless it is in writing and signed by both parties to it.
Laws
The terms and conditions and user licence are governed by and construed and interpreted in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction in any dispute.
