Terms and Conditions – Databases

  1. Terms and Conditions

    These terms and conditions (the Terms) govern orders for databases and directories from AMI.

  2. Interpretation

    In these Terms the following words and phrases shall have the meanings set out against them below:

    Affiliates: in relation to any company, means all entities which from time to time control, are controlled by or are under common control with that company, where Control means that a person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other entity, whether through the ownership of voting shares, by contract or otherwise, and Controls and Controlled shall be interpreted accordingly.

    AMI: Applied Market Information Limited, a company incorporated and registered in England and Wales with Company Number 02140318, having its registered office at One Brunswick Square, Third Floor, Bristol BS2 8PE, acting through its AMI Publications and Databases division.

    Business Day: a day other than a Saturday or Sunday when banks are open for normal business in the City of London.

    Confidential Information: in relation to either party, any information, however provided, that relates to the business, financial affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know-how, personnel and suppliers of that party, including any personal data relating to that party’s customers or suppliers, together with any other information which ought reasonably be considered to be confidential.

    Customer: a customer who places an order for a Publication.

    Database: an electronic company listing, including contact and production information.

    Data Protection Laws: any applicable laws and regulations relating to the processing, privacy and use of personal data including, without limitation, GDPR, national laws implementing the GDPR, regulations and secondary legislation, as amended from time to time; laws or regulations implementing Council Directive 2002/58/EC, and; any judicial or administrative interpretative of any of the above, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any national authority.

    Directory: a company listing in hardcopy or pdf format, including contact and production information.

    GDPR: Regulation 2016/679 of the European Parliament and of the Council of April 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

    Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights.

    Order: an order by the Customer for one or more Publications, placed in accordance with clause 3.

    Publication: a Database or Directory published and sold by AMI.

    Purchase Price: the price payable by the Customer for the Publications ordered by it.

    Website: www.ami.international

  3. Placement of Orders

    Orders may be placed by Customers by email, by order form submitted online or by post or by telephone.

  4. Order Acknowledgment

    Orders, however placed, shall be acknowledged by email to the email address provided by the Customer.

  5. Delivery

    1. Directories for delivery within the UK and the European Union are normally sent by standard mail unless delivery by courier is requested by the Customer. Directories for delivery outside the European Union will normally be sent via courier.

    2. Directories for delivery within Europe which are held in stock are normally dispatched within 24 hours of receipt of the Order and are usually delivered between 7-10 Business Days (subject to availability).

    3. If Directories are delivered via courier, AMI shall aim to deliver them 4-5 Business Days after receipt of the Order (subject to availability). AMI shall advise the Customer as soon as reasonably practicable upon becoming aware of any potential delay to delivery.

    4. Databases are supplied as downloads. Download instructions shall be sent by email to the Customer within 2 Business Days after AMI’s confirmation of the Order, subject to AMI’s receipt of the Purchase Price. After installing the Database, the Customer shall be instructed to contact AMI on dbsupport@ami.international for an activation key to open the Database.

    5. Databases are supplied with a single user licence which permits the Customer to install the Database on one PC and an associated laptop. Additional licences must be purchased by the Customer if multiple installations are required.

    6. The delivery date for Directories shall be subject to availability. Occasionally, AMI may be unable to deliver Directories which are unavailable or out of print or circumstances arise beyond AMI's control, in which case AMI shall:

      1. notify the Customer as soon as reasonably practicable; and

      2. refund any payment made by the Customer within seven Business Days of the date of notification under clause 5.6(a)

      and shall have no further liability to the Customer for AMI’s failure to deliver the relevant Directory.

  6. Payment

    1. The Customer will be charged the current price for Publications as listed on the Website as at the date of placing the Order. The prices contained in AMI’s printed catalogues are current only at the date of publication and should therefore not be relied upon.

    2. Payment may be in Euro, US Dollar or Pound Sterling. Payments must be made in the currency specified by the Customer at the time of placing the Order.

    3. AMI accepts payments made by credit/debit card or by bank transfer. All payments by credit/debit card are processed via WorldPay. For more information please visit www.worldpay.com.

    4. AMI is not responsible for any exchange rate or additional charges which the Customer’s bank or credit card issuing company may charge.

    5. Purchase Prices are stated exclusive of VAT. VAT shall be added to the Purchase Price of any Databases delivered to UK customers and to all Publications delivered to non-VAT registered European Union customers.

  7. Delivery Charges

    1. A standard delivery charge of an amount confirmed by AMI as at the time of placing the Order shall be added to the Purchase Price for deliveries sent by post within the UK or within the European Union

    2. For deliveries outside the European Union, locations where a courier is required, or where the Customer requests delivery by courier, a courier charge shall be calculated (based on weight) and added to the Purchase Price.

    3. The postage or courier charges shall be confirmed to the Customer when making an Order and by completing its Order the Customer shall be deemed to have unconditionally accepted such charges.

    4. The Customer shall not be entitled to any refund in full or part in the event of late delivery of any Publication by the carrier.

  8. Special Orders

    1. AMI accepts special orders for Databases which are outside its normal range of Publications. Payment for special orders must be made at the time of Order and the Purchase Price is non-refundable unless AMI is unable to fulfil the Order or a Database is faulty.

    2. AMI will notify the Customer if it is unable to deliver the Customer's Order in accordance with clause 5 and shall provide the Customer with the opportunity to cancel the Order and receive a refund of the Purchase Price. This process will be repeated approximately every 15 Business Days until the Customer’s Order is delivered or the Order is cancelled by the Customer.

  9. Mixed Orders

    If the Customer orders multiple Publications, and one of the items is on 'special order' in accordance with clause 8, the items in stock will be sent to the Customer and the remaining items in the Customer's Order will be sent as soon as reasonably possible or, if the Publication has not been despatched within 15 Business Days, the Order may be cancelled by the Customer.

  10. Intellectual Property Rights

    1. All Intellectual Property Rights in or arising out of or in connection with the Publications shall be the property of AMI, its Affiliates and licensors. Publications are supplied strictly for the Customer’s internal use only.

    2. Any redistribution or reproduction by the Customer of part or all the data in the Publications to third parties, in any form, is prohibited without the express written permission of AMI and any failure by the Customer to comply with this restriction shall entitle AMI to claim compensation from the Customer.

    3. The copyright in all Publications belongs to AMI and/or its Affiliates. Publications are supplied on the condition that access shall be restricted to the Customer’s internal use solely on a site-wide basis.

    4. The Customer shall be responsible for ensuring that its employees and consultants are made aware of the restrictions on usage of the Publications and that no such employee or consultant takes a copy of any data in any Publication for personal use or for the use of any third party.

  11. Cancellation of Orders

    1. The Customer may, within 14 days after the date on which AMI confirms acceptance of the Order in accordance with clause 4, cancel any Order, subject to the exceptions in clause 11.2.

    2. The cancellation right set out in clause 11.1 does not apply to:

      1. any Database which has been installed and opened in accordance with clause 5.4;

      2. any Directory which is not returned in perfect saleable condition; or

      3. AMI's top 50 Publications (whose title begins with 'Corporate Performance and ...')

      except, in each case, where the Publication is faulty, in which case clause 12 shall apply.

    3. To cancel an Order, the Customer must contact AMI at sales@ami.international stating the AMI order number and the reason for cancellation.

    4. AMI shall confirm the cancellation of Orders by email and the cancellation shall be effective upon despatch of that email confirmation.

    5. If the Customer cancels an Order before the dispatch of any Publication, AMI will provide a full refund.

    6. If the Customer cancels an Order after dispatch of the Directories by AMI then the Customer must return those Directories in perfect saleable condition to AMI within 30 days following the date of AMI’s confirmation of cancellation under clause 11.4 and AMI will refund the cost of the Directories. AMI cannot refund postage costs and courier charges incurred in returning the Directories and the Customer will therefore bear the cost of returning the Directories to AMI at AMI's Bristol, UK premises. AMI shall not be liable for loss or damage whilst returned goods are in transit back to AMI's premises.

  12. Faulty Items/Returns

    1. Directories may be returned to AMI for a replacement or refund if they are found to be faulty i.e. overprinted pages, illegible text etc. The Customer shall not incur any postage or courier charge for delivery of any Directory in replacement of any faulty item.

    2. A refund or replacement shall be provided by AMI in respect of any Database which is not reasonably capable of being installed on the Customer’s computers.

    3. The Customer shall notify AMI in writing or by e-mail regarding any faulty item within seven Business Days of the date of receipt, explaining the nature of the fault. In the case of a faulty Directory, the Customer must then return the Directory to AMI in its original condition within 30 days of the date of notification.

    4. Refunds and replacements can only be provided:

      1. in respect of Directories, following receipt of the original item back at AMI's UK premises; and

      2. in respect of Databases, following evidence reasonably acceptable to AMI that the Database is not reasonably capable of being installed on the Customer’s computers.

  13. Prices

    Special offers will only be available within the specified dates given on the Website and are subject to availability.

  14. Limitations of liability

    1. Publications are made available for the Customer’s general information and any advice, opinion, statement or other information forming part of any Publication is not intended to address the Customer’s particular requirements. The Publications do not constitute any form of advice, recommendation or arrangement by AMI (and are not intended to be relied upon by the Customer in making (or refraining from making) any specific investment or other decisions.

    2. The Publications may include inaccuracies or typographical errors. AMI makes no representations or warranties and, to the fullest extent allowed by law, excludes all implied warranties (including, but not limited to, warranties of satisfactory quality, title and fitness for a particular purpose) regarding:

      1. the accuracy, availability, reliability or completeness of the Publications; or

      2. the results obtained from using any Publications.

    3. Nothing in these Terms shall limit or exclude AMI’s liability for:

      1. death or personal injury;

      2. fraud or fraudulent misrepresentation; or

      3. breach of any other liability which cannot be limited or excluded by applicable law.

    4. Subject to clause 14.3, AMI's total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms shall be limited to the total Purchase Price paid by the Customer in relation to any Order.

  15. Data Processing

    AMI shall only use Customers’ personal data in accordance with AMI’s Privacy Policy.

  16. General

    1. Except as set out in these Terms, no variation of these Terms shall be effective unless made in writing and signed by the parties (or their authorised representatives).

    2. No failure or delay by a party to enforce or exercise any right or remedy under these Terms, or by law shall be deemed to be a waiver of that or any other right or remedy, nor shall it operate so as to bar the enforcement or exercise of that or any other right or remedy at any time subsequently. Any waiver of any breach of these Terms shall not be deemed to be a waiver of any subsequent breach.

    3. If any court or competent authority finds that any provision of these Terms is invalid, illegal or unenforceable, that provision (or part) shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

    4. Any notice to a party under these Terms, shall be in writing, signed by or on behalf of the party giving it and shall be delivered personally, by pre-paid first class post, or email to the address or email address notified by the parties in writing from time to time. A notice shall be deemed to have been served at the time of delivery, if delivered personally, 48 hours after posting for an address in the United Kingdom, five Business Days after posting for any other address and upon despatch if delivered by email during normal business hours and otherwise at 9.00am on the next Business Day.

    5. Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

    6. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

    7. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

We are a leading provider of information, market intelligence and events for the global plastics industry. Our business is underpinned by our talented staff and our unique databases.

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Third Floor, One Brunswick Square, Bristol, BS2 8PE, UK +44 (0) 117 924 9442Registered in England, No 02140318
1210 Broadcasting Road, Suite #103, Wyomissing, PA 19610, United States +1 610 478 0800Registered in Pennsylvania (PA) USA, No 3010392