Terms and Conditions
Basic Terms and Conditions
The following standard Terms & Conditions apply to the products and services of research2guidance (hereafter “we”). If the client (hereafter also “you”) has their own Terms and Conditions, they do not apply if they differ or conflict with the policies outlined below. In case of conflicting clauses, their common legal minimum is applied; this is also applicable if the client claims mandatory validity for their own Terms and Conditions. If the common legal minimum cannot be identified, these clauses will not be included in a contract or agreement between the two parties. The contract will then be bound to individual arrangements and/or applicable legal regulations.
Changes to these Terms must be requested in writing by the party seeking the amendment, and subsequently confirmed in writing by the receiving party.
Confidentiality and Data Protection
If you purchase goods or services on our website via credit card transaction, your payment data will not be stored locally, but by the financial institutions responsible for the payment process. We are working with Novalnet AG for the handling of credit card payments. In order to process payment correctly Novalnet AG needs specific information (your name, address, credit card number, expiry date, invoice value and currency). By purchasing our products you allow Novalnet AG to collect this information for payment reasons solely. Novalnet AG is bound to German data protection laws and will handle your data with the highest security.
Subject of Agreement
We conduct our research as consulting services. This means that we support our clients with their decisions but we do not make decisions on clients’ behalves. By agreeing to these Terms, you also agree that any predictions or interpretations you extract from the data provided are intended only as guidance to your own judgment. We shall not be held responsible or liable for any loss or damage suffered by you as a result of any error in such predictions or data.
By agreeing to these Terms you agree that our reports and any data included shall only be used within the specific context of the study.
The fees stated on our website or our custom quotes cover all services. We shall establish a different project if the client seeks products or services that extend beyond the scope of the agreed-upon services.
If you are choosing to pay with an external payment provider (e.g. paypal) prices shown on your external payment provider’s bill might differ from prices shown in our webshop due to different exchange rates.
Copyright and Quote Policy
Although our business depends on exclusive access to certain information, we are also strong believers in open and accessible information. The nature of the market research business is to create income by selling access to certain data, in order to fund further studies. To cover the requirements of both our public and proprietary data, we have two license and copyright policies.
1. Creative Commons Copyright
The research labeled as such adheres to the Creative Commons license “Attribution Non-Commercial Share Alike”. This license lets you adapt and build upon the content non-commercially, provided research2guidance is credited, and license the resulting content under the same terms. You may download, redistribute, translate, and produce new content based on our work that is designated with this license. All resulting adapted work will carry the same license, so any derivatives will also be non-commercial in nature.
In such cases, you are free to:
share the work (i.e. copying, distribution)
adapt the work (“remixing”)
Provided that the work:
is not used commercially
is attributed to research2guidance
is distributed only under the same Creative Commons license
the resulting work must be in compliance with all applicable laws
this license does not affect other persons’ rights they may have, either in the work itself or in how the work is used, such as publicity or privacy rights
research2guidance’s moral rights must not be affected
in the case of reuse or distribution, you must make clear to recipients the licensing terms of the work. The best way to do this is with a direct link to the appropriate Creative Commons web page.
2. Non-Creative Commons Copyrights
For any other research2guidance data not explicitly marked as Creative Commons, the following copyright is applied:
We reserve all rights according to copyright laws. The client approves that we retain the rights to research that we have developed and/or that contains our insights. This includes, but is not limited to, the project’s concept, proposal, methods, techniques, practice, diagrams, charts, and graphics. The copyright of clients regarding their own content remains unaffected.
We expressly prohibit the following use of our research without prior written permission:
Scanning, or otherwise importing publications into an electronic storage or retrieval system.
Posting parts of our publications or documents on an internet or intranet site without our approval.
Placing our content on a web site other than our own. Our content must always reside on our web site, with the exception of PDF reprints.
Distributing our publications to other departments of an organisation through electronic data transmission systems (e.g. email) without purchasing reprints.
Distributing our publications to external organisations via hard copy or electronic copy by any method without purchasing reprints.
Distributing copies of our publications to customers or prospective customers by company salespeople.
Posting complete documents on an Internet or intranet site without purchasing reprints.
Usage of Products or Data (Non-Creative Commons Copyrights)
Only licensed clients may access our documents. The purchased documents are for the purchaser’s use. We understand, however, that in the course of using our products, you may need to share certain information contained therein with individuals inside and/or outside your company. The following table shows accepted methods of sharing such information according to the license you have purchased.
Single user license Team license Enterprise license
Internal usage Print copies for personal use. v v v
Share the content of the research internally with colleagues, project teams, or senior level management by making your own summaries or using short excerpts (not more than ten lines, graphs, tables). Please make sure to cite Research2Guidance as the source. v v v
Copies for other persons or company divisions. x On same company site:v v
Distribute research documents as a whole within your company to single persons or to a mass audience. x On same company site:v v
External usage Quote from the reports you purchased if you get written approval by us. Just send us the text you want to publish and get approval. You always have to name Research2Guidance as the source. v v v
Quote Research2Guidance sources other than our reports (e.g. website, press releases, …). You always have to name our company as the source. v v v
Share content with persons, companies and/or mass audience outside your company. x x x
Our products and services are available for the licensed client for the internal usage only unless we agree to one of the following exceptions below. The exception has to be a written agreement between the client and us.
We grant an exception by giving our client or any third party the right to hand our research (in part or in total) to a third party.
Our client has copyright or ownership rights.
Naming our institute within publication of competitive comparisons needs our agreement in writing. We need to approve the publication text.
Quotations of our research in total or in parts need our approval. If we approve the quoting the author needs to refer to our institute as the source and original author.
We are permitted to use the client’s name and logo for marketing purposes (i.e. make public on our website and in marketing material that the client’s company is using our products and services).
THIS SECTION STATES RESEARCH2GUIDANCE’S ENTIRE LIABILITY, AND THE CUSTOMER’S SOLE REMEDIES, FOR ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS IN RELATION TO THE PRODUCTS AND SERVICES.
This warranty extends only to the original user of this license, and no third party shall have the right to make any claim or assert any right hereunder. The warranties of research2guidance and compensations for the customer comply with applicable statutory provisions and legal regulations if not stated otherwise within this document. research2guidance warrants that for a period of one hundred twenty (120) days from the delivery date (the “Warranty Period”) that the research data are correct and in accordance with scientific research methods and rules for market and social research as stated above.
There is no warranty after expiration of the warranty period. This warranty is void if the usage of research2guidance’s data has resulted from accident, abuse, or misapplication or from the customer having used it for a purpose or in a context other than the purpose or context for which it was designed.
The customer must report any alleged breach of the warranties contained in this section to research2guidance in writing during the warranty period. The customer’s exclusive remedy and our sole liability with regard to a breach of warranty shall be with respect to any alleged breach of the warranty set forth above at our option and expense, to either: (i) re-do research and replace the non-conforming data; or (ii) return the the license or fees paid to us (if any) with respect to the non-conforming data.
If we elect to return the applicable fees paid for the non-conforming data pursuant to clause (ii) above: (1) The customer shall promptly return the non-conforming data to us or establish to our satisfaction that he has destroyed the relevant data; and (2) the licenses granted to the client hereunder in respect of such non-conforming data shall automatically terminate. If we elect to repair or replace the non-conforming data pursuant to clause (i), any re-done researched or replacement data will be warranted for the remainder of the original warranty period or thirty (30) days from replacement, whichever is longer.
We do not warrant that the data will meet the client’s requirements; We do not guarantee that our scientifically gathered, processed and presented data can be used for managerial decision-making. We are not liable for damages that are caused by the client’s interpretation derived from our research, unless the client has legal claim for damages accordingly
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE REPORT AND/OR DATA ARE PROVIDED “AS IS”. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND ARISING UNDER ANY THEORY OF LIABILITY (INCLUDING TORT), INCLUDING WITHOUT LIMITATION DAMAGES OR LOSSES FOR LOSS OF PROFITS, LOSS OF PRODUCTION OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS DATA OR INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR OUR INDEMNIFICATION OBLIGATIONS HEREUNDER AS REGARDS INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF LICENSE FEES PAID BY THE CUSTOMER TO US FOR THE LICENSE TO WHICH A SPECIFIC CLAIM RELATES.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are effective until terminated. The client may terminate these Terms for convenience at any time by destroying or returning to us all copies of the data in the client’s possession or within its control; provided, however, that no such termination shall entitle the customer to a refund of any fees paid in respect of the applicable data. We may terminate these Terms immediately at any time by written notice to the customer if he has breached any of the terms of these Terms. Upon termination, the license(s) shall terminate and the customer agrees to promptly destroy or return to us all copies of the data and to certify in writing that all known copies, including backup copies, have been destroyed or returned to us. All provisions relating to confidentiality, our ownership and proprietary rights, limitations of liability, disclaimers of warranties, waiver, governing law and arbitration shall survive the termination of these Terms.
These Terms may only be modified by a written document that has been signed by both the customer and us. If any provisions of these terms are held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision which approximates the intent and economic effect of the affected provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all previous agreements, representations, warranties, statements, negotiations, understandings and undertakings, whether verbal or written, pertaining to such subject matter. The customer hereby represents and acknowledges that in entering into these Terms, it did not rely on any representations or warranties other than those expressly set forth in these terms.
Choice of Law / Jurisdiction
German law is applicable with the exclusion of the UN convention on Contracts for the International Sales of Goods.
Exclusive place of jurisdiction is Berlin, Germany.