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Economena » End User Agreement

End User Terms and Conditions (EUTCs)

PLEASE READ THESE END USER TERMS AND CONDITIONS (‘EUTCs’) CAREFULLY BEFORE USING THE SERVICES PROVIDED VIA THE WEBSITE BY CLICKING ON THE "I AGREE" BUTTON. IF YOU OR THE COMPANY YOU REPRESENT DO OR DOES NOT AGREE TO THESE EUTCs, DO NOT CLICK ON THE "I AGREE" BUTTON, DO NOT EXECUTE THIS COMMAND AND DO NOT USE THE SERVICES PROVIDED VIA THE WEBSITE.

IF YOU CLICK ON THE “I AGREE” BUTTON, IT SHALL DEEM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS VOLUNTARILY AND FREELY CONSENTED AND AGREED TO BE BOUND BY THESE EUTCs, WHICH YOU ARE HEREBY STOPPED TO DENY OR DEFEND AT ANY POINT OF TIME HEREAFTER.

These EUTCs set forth herein and executed on the day and date of their electronic acceptance, by Subscriber, in favor of Economena Analytics SAL (hereinafter referred to as “Economena”) apply to the use of the Services provided via the Website by Subscriber and bind Subscriber for compliance of all the terms and conditions stipulated herein. These EUTCs are in addition to the standard Terms & Conditions available to the public on the Website at www.economena.com.

In these EUTCs the following words and expressions shall, unless the context otherwise requires, have the following meanings:

“Applicable Laws

means all applicable laws in Lebanon.

   

"Business Day"

means all days on which the banks, financial institutions and markets are open in Lebanon.

   

"Claims" or "Losses"

means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, including, without limitation, i) direct, indirect, punitive, special, consequential and incidental damages, and ii) administrative costs, litigation costs, and attorneys' and auditors' fees and disbursements.

   

“Economena”

means Economena  Analytics SAL a company duly incorporated under the laws of Lebanon.

   

“End User Agreement”

means the entire agreement (including any subscription form/application form/order form/invoice/quotation (electronic or otherwise) and these EUTCs) agreed between Subscriber and Economena for the provision of the Services provided via the Website  to Subscriber.

   

“Force Majeure Event”

means any circumstances beyond the reasonable control and without the gross negligence or willful conduct of Subscriber or Economena including, without limitation, inability or delay caused through acts of God, fire, flood, war, riots, civil strike, terrorism, blockade, sabotage, rationing, embargoes, epidemics, earthquakes, industrial dispute of any kind (other than disputes involving that Party's own employees or the employees of an Affiliate of that Party), lightning, explosion, civil commotion, malicious damage, storm, tempest, supply shortages, equipment failures, or software malfunctions, acts or omissions of Information Provider/s or any third party, act of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, or other regulatory authority, acts or omissions of persons or bodies for whom the Party affected thereby is not responsible.

   

“Intellectual Property”

means creations of the mind: inventions, literary and artistic works, and symbols, names, IT code scripts, images, and designs used in commerce such as copyright and related rights, trademarks, geographical indications, industrial designs, patents, protection of undisclosed information, control of anti-competitive practices in contractual licenses.

   

“Intellectual

Property Rights”

means rights in Intellectual Property anywhere in the world, whether or not they are registered.

   

“Information”

means all  information including but not limited to economic and financial information, reports, market prices, volumes, news and all other information as transmitted by Economena through the Service provided via the Website.

   

“Information Provider”

means a legal entity which provides Information to Economena, so as to enable Economena to process the same and use the Information whilst providing the Services provided via the Website to Subscriber. For the purpose of these EUTCs, Information Provider shall include all current and/or future entity/entities who shall supply Information to Economena, from time to time.

   

“Party/Parties/Both Parties”

means Economena and/or Subscriber as applicable.

   

“Subscriber”

means any person whether natural person or artificial legal entity who has subscribed for the Services provided via the Website and executed these EUTCs, in favor of Economena.

   

“Subscription Fees”

means the fees as may be applicable to Subscriber and  indicated in the relevant subscription form/application form/order form/invoice/quotation (electronic or otherwise).

   

“System”

means the information system operated by Economena, which collects, processes and disseminates the Information.

   

“Services”

means the services provided via the Website and includes transmission, reception and dissemination of Information  including economic information, financial information, and other related content by Economena to Subscriber. The right to use the Service offered by Economena is personal to Subscriber and is not transferable to any other person or entity.

   

“Term/Tenure”

means the period mentioned in any subscription form/application form/order form/invoice/quotation as valid for the use of the Services or the period which begins on the day that Economena has authorized access to the Website and continues until the access to the Website is terminated or suspended in accordance with these EUTCs.

   

“Website”

means the Economena domain name (www.economena.com), webpages, subpages and what is included in them.

   

1.         Intellectual Property Rights

Subscriber acknowledges, agrees and confirms that Economena and the Information Provider/s have Intellectual Property Rights in certain trademarks, service marks, trade names, corporate names and in the Information that originates on or derives from markets regulated or operated by the Information Provider/s which constitute to be Intellectual Property of Economena or the Information Provider/s. Subscriber agrees not to use such Intellectual Property in any way, which would infringe the rights of Economena and the Information Provider/s. Subscriber agrees not to alter, remove, or obscure any copyright notices or other proprietary notices as furnished by Economena or to use in any manner Economena’s or Information Provider’s trademarks or service marks.

2.         Website Usage

Economena hereby grants and Subscriber hereby accepts a limited and restricted authorization to use and access the Website for personal use, on a non-perpetual, non-exclusive, non-assignable and non-transferable basis. The Website is proprietary to Economena. The rights and interests in the Intellectual Property and/or the Website rest with Economena.

Subscriber agrees not to alter, decompile, or disassemble or reverse engineer or otherwise determine or attempt to determine source code or the executable code of the Website or create any derivative works based upon the Website. The use of Service is subject to “fair usage.” Any usage, whether intentional or unintentional, that is reasonably construed by the information technology team to have caused, or to lead to, the overwhelming of Economena servers or to a serious alteration of the overall experience of other Subscribers, is prohibited. The license granted herein is limited to the tenure of these EUTCs and shall automatically be revoked on the expiry of the Term or its earlier determination whichever is earlier.

3.         Password Policy

3.1      As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, Subscriber shall select a username and a password, and  shall provide Economena with certain registration information, all of which must be accurate, truthful, and kept up to date.

Personal information shall be kept confidential and may only be used by Economena, partners, affiliates, sales agents, marketing analysts and sister companies and subsidiaries, for development and marketing purposes and shall only be visible to the public in the form of aggregate statistics. Subscriber is entirely responsible for maintaining the confidentiality of the passwords and account.  Subscriber shall immediately notify Economena of any unauthorized use of password/s and/or account designation/s or any other breach of security. Subscriber is entirely responsible for any and all activities that occur in Subscriber’s account. The Subscriber shall exit from the account at the end of each session. Each password shall be used by one Subscriber only.

3.2      Subscriber shall notify Economena immediately of any unauthorized use of the account or password or any other breach of security. Economena will not be liable for any loss or damage arising from Subscriber failure to comply with these requirements. Subscriber is held responsible if such a break happens from Subscriber’s lack of security or ignorance of standard Information Technology safeguards…

4.         Authorized Use of Services

4.1      Subscriber is authorized to receive and use the Services and Information solely in accordance with these EUTCs. Any other use of the Services or Information by Subscriber, including, but not limited to, retransmission or reprocessing, in whole or in part, is prohibited.

4.2      In the event Subscriber is an organization, the Information is to be used solely for the internal use of such organization and its employees and not for redistribution to any other person or entity. For the avoidance of doubt ‘internal use’ shall include use by third parties with whom Subscriber share but to whom Subscriber does not sell or beneficially provide the Information, provided that the usage by such third parties constitutes an integral and inseparable part of business of Subscriber.

4.3      Subscriber further agrees not to use or permit anyone to use the Information for any unlawful purpose.

4.4      Subscriber agrees not to share account information with third parties (single license for each user).

4.5      Subscriber agrees that Subscriber’s arrangement with Economena for receipt of the Information is subject to immediate alteration, suspension, or termination, without notice, in the event that the agreement between Economena and Information Provider is suspended or terminated for any reason, whatsoever.

4.6      Subscriber agrees, when required by Economena, to make application to and receive written approval for the receipt of the Information prior to using the Services provided via the Website and agrees to comply with any conditions, restrictions or limitations imposed by Economena on its own or on the instructions of the Information Provider, including the payment of any fees or charges.

5.            Subscription Fees

The Subscription Fees currently charged are for the Services and other economic content and may be amended by Economena from time to time without notice. The Subscription Fees are payable quarterly, half-yearly or annually in advance net of any due tax including withholding tax. These Subscription Fees are non-refundable. Economena reserves the right to recover any outstanding Subscription Fees due and payable by Subscriber through legal recourse.

6.            Indemnity

Subscriber shall indemnify and keep indemnified Economena and each person who controls Economena (if any), any directors, officers, employees, agents, attorneys, co-branders or other partners, against all losses, costs, expenses, charges, compensations, litigations, attorney fees, demands, and claims incurred or suffered as a consequence or result of breach of these EUTCs by Subscriber or use of the Services or connection to the Services by Subscriber or as a result of infringement of Intellectual Property Rights of Economena or for any claim preferred by any third party arising directly or indirectly due to omissions, commissions, negligence, default, including but not limited to violation of copyright, trademark, piracy or altering, decompiling, disassembling, reverse engineering or engaging into manufacturing, distribution, supply or use of counterfeit, pirated or unlicensed software by Subscriber or for any reason whatsoever.

7.            Limited Warranty

7.1         Economena shall endeavor and make best efforts to provide the Systems and Information contained in the System or that were transmitted through the System, completely, continuously and concisely subject to availability of Information from the Information Provider and also operational performance of communication links through which the Information is transmitted.

7.2         Subscriber expressly understands and agrees that: subscriber’s use of the services is at subscriber’s sole risk. The services are provided to the subscriber on an "as is" and "as available" basis from sources reasonably deemed to be reliable. Notwithstanding the aforesaid,  Economena expressly disclaim all other warranties, representations, guarantees and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness, completeness, accuracy, timeliness or that the same will be uninterrupted, error free or free of viruses or defects.

8.            Disclaim of Liability

Neither Economena nor the Information Provider/s shall be liable to the Subscriber or any other person, regardless of the cause for any errors, inaccuracies or omissions of the Services or Information, or for any delay or interruption in the transmission thereof to subscriber, or for any claims or losses arising there from.  Economena hereby expressly disclaims all liability for losses or damages of any kind whether direct or indirect, consequential, compensatory, actual, punitive, special, incidental or exemplary, arising out of the use of the Services or the reference and reliance on any Information obtained on or through the System.

9.            Default by Subscriber

Economena shall construe the following to be events of default by Subscriber i.e. If Economena determines that:

a)         Subscriber commits any material or persistent breach of any provision in these EUTCs (in case of a breach being capable of being remedied) which shall have remained  not remedied within fifteen (15) days after the receipt of a request in writing (e-mail and fax communication are acceptable), to remedy such breach; or

b)         any of Subscriber's representations in these EUTCs are untrue; or

c)         a petition or other proceeding in bankruptcy or insolvency is filed against Subscriber; or

d)         Subscriber by any act, omission, commission, willful default or negligence violates or contravenes the Intellectual Property Rights, without prejudice to the aforesaid, Economena reserves its right to adopt legal proceedings against Subscriber, in accordance with the applicable law.

10.         Termination by Subscriber

Subscriber may terminate these EUTCs at any time by giving one (1) month written notice to Economena. Upon such termination, Subscriber shall not be entitled to any refund of Subscription Fees (if any) and Economena will block Subscriber’s username and password at the end of the notice period.

11.         Termination by Economena

Notwithstanding anything to the contrary, Economena may terminate these EUTCs:

a)         without assigning any cause, but after giving one (1) month written notice to Subscriber. In such a case Economena will have to refund the Subscriber an amount equivalent to the remaining full months  of the Subscriber’s contract or;

b)         forthwith without any reason, in the event of breach of Intellectual Property Rights by Subscriber or breach of any of the Password Policies provided under these EUTCs (clause 3), or on the instructions of the Information Provider.

12.         Assignment

Subscriber shall not assign these EUTCs or any of Subscriber rights and obligations hereunder without the prior written consent of Economena. Economena may assign all or any of its rights and obligations under these EUTCs, without seeking any consent of Subscriber, to an affiliate or sister company or a surviving entity, in the case of merger or sale of all or substantially any of the assets of Economena.

13.         Governing Law and Jurisdiction

This End User Agreement shall be construed in accordance with and governed in all respects by the laws of the Republic of  Lebanon and the Parties submit to the exclusive jurisdiction of  the Lebanese courts in respect of all legal proceedings which may arise in any way whatsoever out of this End User Agreement.

14.         Notices

14.1      All notices, approvals, proposals and other communications required or permitted to be given under these EUTCs to Economena shall be in writing and shall be delivered by personal delivery, e-mail, or by registered or certified post to the appropriate contact person/s set out below. Such notices or communications shall be deemed to have been received subject to proof of delivery.

Address:  Economena Analytics SAL

Markaziah Building, 4th Floor

Umm Gelias Street

Beirut Central District - Lebanon

Office:  +961.01.985.618 

Email:    Found on ‘CONTACT US’ page in products provided by Economena (currently at its website www.economena.com)

14.2      All notices, approvals, proposals and other communications to Subscriber shall be sent in writing to the appropriate contact person provided by Subscriber to Economena (by personal delivery, e-mail, or by registered or certified post) or by Economena posting the same in its products or website (currently at www.Economena.com).

14.3      Either party may change its address for service after giving advance notice to the other party.

14.4      All notices or communications under or in connection with these EUTCs shall be in English or, if in any other language, accompanied by a translation into English. In the event of any conflict between the English text and the text in any other language, the English text shall prevail.

14.5      The Services may also provide, but are in no way obligated to provide, notices of changes to these EUTCs or other matters by displaying notices on Economena’s website (currently at www.Economena.com).

15.         Force Majeure

Neither Subscriber nor Economena shall be liable for delay or failure in performance of any of the acts required by these EUTCs when such delay or failure arises from Force Majeure Event/s. The time for performance of any act delayed by such Force Majeure Event/s may be postponed for a period equal to the period of the delay. However, either party shall be at liberty to terminate these EUTCs forthwith, in case the delay or failure in performance arising from Force Majeure Event/s continues for more than a period of one month.

16.         Entire Agreement

Any applicable subscription form/application form/order form/invoice/quotation whether electronic or otherwise (e.g. covering the Term, method of payment, price etc.) if any and/or these EUTCs as the case may be constitute the entire agreement between Subscriber and Economena and govern the use of the Services by Subscriber, superseding and cancelling all previous or contemporaneous written and oral terms and conditions, communications and other understandings between Economena and Subscriber related to the subject matter of these EUTCs and the provision of the Services.

17.         Amendments

Economena reserves the right to vary, amend and/or substitute these EUTCs, including any applicable Subscription Fees from time to time without prior notice to Subscriber. Such amendments shall be posted in Economena’s website (currently at www.Economena.com) and shall be deemed to be effective and binding on Subscriber. In the event Subscriber does not agree to the new terms and conditions made by Economena, after making payment of outstanding dues (if any) Subscriber will have the right to terminate these EUTCs, by written notice to Economena.

18.         Effective Date of EUTCs

The effective date of these EUTCs shall be the date Subscriber pays the applicable Subscription Fees. However, Subscriber shall be bound by these EUTCs on the acceptance of the same. These EUTCs shall be deemed to have been accepted by Subscriber, upon Subscriber subscribing his/her/its signature to this document.

19.         Miscellaneous

19.1      These EUTCs are between Economena and Subscriber, and are not for the benefit of any third party, whether directly or indirectly. Subscriber’s interaction with third parties and any other terms, conditions warranties or representations associated with dealings of Subscriber and any third party are solely between Subscriber and such third parties. Economena and/or Information Provider/s shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

19.2      The failure of Economena to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

19.3      If any provision of these EUTCs is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these EUTCs will otherwise remain in full force and effect and enforceable.

19.4      These EUTCs are not assignable, transferable or sub licensable by Subscriber (by operation of law or otherwise) without Economena’s prior written consent. Economena shall have the right to assign all or part of these EUTCs without Subscriber’s approval.

19.5      No agency, partnership, joint venture, or employment is created as a result of these EUTCs and Subscriber has no authority of any kind to bind Economena in any respect whatsoever.

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