SAM Charter is a trading name of Standeasy Productions Limited with company registered number 07449356 and registered address at 54-56 Ormskirk Street, St. Helens, Merseyside WA10 2TF.
If you will be using the Service on behalf of an organisation, you agree to these Terms on behalf of that organisation and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that organisation.
1. Privacy and Confidentiality
- 1.1. In the course of using the Service you will submit data content to SAM Charter and its Partners (your "Content"). SAM Charter agrees to treat your Content only in accordance with the terms set out herein. You agree that SAM Charter may use and share your Content in accordance with these Terms.
- 1.2. You agree that SAM Charter may use your anonymised Content (a) to provide the Service to you and (b) to produce for distribution to third parties reports which compare and summarise the SAM Maturity of all respondent organisations within industry sectors, nationally or globally or in any other manner as SAM Charter sees fit provided that any data which enables a third party to identify your organisation is excluded and your Content is fully anonymised.
- 1.3. You grant SAM Charter a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Service to you and as otherwise permitted by these Terms. This license for such limited purposes continues even after you stop using this Service. This license also extends to SAM Charter Partners to the extent necessary to provide the Service to you.
- 1.4. Your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by SAM Charter); (b) was lawfully known to SAM Charter before receiving it from you; (c) is received by SAM Charter from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by SAM Charter without reference to your Content.
2. SAM Charter Intellectual Property Rights
- 2.1. The computer programs available on this SAM Charter website are protected by copyright law and international treaties. Unauthorised reproduction or distribution of these programs may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.
3. Your Obligations
- 3.1. If you have been issued an account password by SAM Charter or its Partners in connection with your use of the Service, you are responsible for safeguarding your password and any other credentials used to access that account. You, are responsible for any activity occurring in your account whether or not you authorised such activity. If you become aware of any unauthorised access to your account, you should notify SAM Charter or its Partner(s) immediately.
- 3.2. You are responsible for providing accurate responses to the SAM Maturity Assessment and acknowledge that the SAM Maturity Assessment report is generated directly from the answers you provide. In the event that you incorrectly answer the questions you accept that the resulting report will not be an accurate reflection of your organisation’s compliance with best practice and industry standards.
- 3.3. You may not misuse the Service by interfering with its normal operation, or attempting to access it using a method other than through the interfaces and instructions that SAM Charter provide.
- 3.4. Unless authorised by SAM Charter in writing, you may not probe, scan, or test the vulnerability of any SAM Charter system or network.
- 3.5. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Service, or attempt to do so.
- 3.6. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Service.
- 3.7. Unless authorised by SAM Charter in writing, you may not resell or lease the Service.
4. Disclaimers and Limitations of Liability
- 4.1. The report generated from your responses to the SAM Maturity Assessment will provide an assessment of your level of compliance with best practice and industry standards in relation to SAM Maturity. Neither the assessment nor report seek to enable you to resolve any weaknesses in your compliance and serve only to highlight the same.
- 4.2. SAM Charter’s online Service may be unavailable from time to time for various reasons. SAM Charter has no liability when it comes to loss of data, computer failures or other hardware and software errors. This includes any bugs, viruses, performance failures or problems or errors caused by downloaded files.
- 4.3. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND SAM CHARTER DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICE.
- 4.4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAM CHARTER, ITS PARTNERS, OFFICERS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SAM CHARTER, ITS PARTNERS, OFFICERS AND EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 4.5. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF SAM CHARTER, ITS PARTNERS, OFFICERS AND EMPLOYEES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO SAM CHARTER OR ITS PARTNERS IN RESPECT OF THE REPORT IN DISPUTE OR £100.00.
- 4.6. You will indemnify and hold harmless SAM Charter and its partners, officers and employees from all liabilities, damages, and costs (including settlement costs and reasonable legal fees) arising out of a third party claim regarding or in connection with your use of the Service or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
- 4.7. Nothing in these Terms shall be construed so as to limit consumer rights.
5. Other Terms
- 5.1. These Terms shall not be construed to create or imply any partnership, agency or joint venture relationship between the parties.
- 5.2. No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
- 5.3. You may not assign these Terms without SAM Charter’s prior written consent which may be withheld in its sole discretion. SAM Charter may assign these Terms at any time without notice to you.
- 5.4. These Terms constitute the entire agreement between you and SAM Charter, and they supersede any other prior or contemporaneous agreements, terms and conditions including purchase orders issued subsequently written or oral concerning its subject matter.
- 5.5. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the terms will remain in full effect.
- 5.6. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
- 5.7. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.