Terms and Conditions

Terms and Conditions applicable to use of the Fresco Website

The website to which these terms and conditions apply is http://www.caci.co.uk/fresco ("Website").

These terms and conditions together with CACI's privacy statement govern the relationship between you and CACI as regards use of the Website. CACI may change these terms and conditions or the privacy statement at any time and therefore you should check from time to time whether any changes have been made. Using or accessing the Website indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use the Website.

1. Definitions

For the purpose of these terms and conditions, the following words and expressions shall have the following meanings:

"Agreement" means the agreement pursuant to which CACI gives you access to the Online User Guide in accordance with and subject to the terms and conditions set forth below.
"CACI" means CACI Limited of CACI House, Kensington Village, Avonmore Road, London W14 8TS.
"Free Five Day Trial" means, if this has been agreed to in writing by CACI, the right for you to have access to the Online User Guide for five days free of charge.
"Fresco" means a product that can be used to classify individuals according to their financial behaviour.
"Fresco Licence" means a licence to use Fresco, granted to you by CACI in writing.
"Login Details" means your username (i.e. your email address) and your Password.
"Online User Guide" means a user guide for Fresco that (i) is accessible over the internet and (ii) will provide information on all behavioural, lifestyle and attitudinal data that defines and describes each of the Fresco segments.
"Organisation" means the company or partnership or other legal entity that you work for.
"Password" means the password that you receive from CACI if certain conditions have been met as set forth in Clause 3 below.
"Required Registration Information" means the information that the Website requires you to enter in order to register with CACI and apply for access to the Online User Guide. The required information includes your first name, last name, job title, name of Organisation, email address and telephone number.
"Website" means the website that gives you access to the Online User Guide if you enter your Login Details (i.e. http://www.caci.co.uk/fresco/login.aspx).

2. Consideration

No fee will be charged for access to the Online User Guide, but consideration will be deemed to have been given when you accept the terms set forth in this Agreement.

3. Access to the Online User Guide

3.1 When applying for access to the Online User Guide, you are asked to provide CACI with the Required Registration Information. Once CACI receives the Required Registration Information, it will ascertain whether you are entitled to access the Online User Guide.
3.2 In order to be entitled to access the Online User Guide, you must either (i) have a Fresco Licence or (ii) have a Free Five Day Trial.
3.3 Upon CACI ascertaining that you are entitled to access the Online User Guide, your Login Details will be sent to you by email.
3.4 You will then be able to access the Online User Guide by entering your Login Details where required on the Website.
3.5 If you are entitled to access the Online User Guide pursuant a Free Five Day Trial, you will continue to be able to access the Online User Guide for the five day period from the date that your Login Details are delivered to you.
3.6 If you are entitled to access the Online User Guide pursuant to a Fresco Licence, you will continue to be able to access the Online User Guide for as long as that Fresco Licence continues in full force and effect.

4. Scope of Use

4.1 You will use the Online User Guide solely to gain, and enable your Organisation to gain, a better understanding of Fresco.
4.2 Subject to Clause 4.3 below, you will not (i) display the Online User Guide or any part thereof for public viewing, (ii) allow any third party access to the Online User Guide or any part thereof, (iii) permit any third party to use the Online User Guide or any part thereof, (iv) use the Online User Guide or any part thereof for the benefit of any third party or in order to provide services to such third party or (v) reproduce the Online User Guide or any part thereof or transmit or store it in any other website or other form of electronic retrieval system.
4.3 You may use, and reproduce for this purpose, the images included within the Online User Guide in (i) any presentation to be made to individuals working for your Organisation or (ii) any other material to be distributed to individuals within your Organisation, provided that (a) any such presentation or material relates solely to the use or potential use of Fresco within your Organisation and (b) CACI's copyright notice is marked on or incorporated in any such material in order to indicate that it contains data that is subject to CACI copyright. For the avoidance of doubt you will not use the images within the Online User Guide in any presentation to any third party organization or promotional material to be distributed to any third party.
4.4 You will ensure that the proprietary notices incorporated in or marked on the Website and/or the Online User Guide are not altered removed or obliterated.
4.5 You will not use the Online User Guide to develop or market your own products and/or services or the products and/or services of your Organisation or any other person, whether that person be an individual, partnership, company or other legal entity.
4.6 You will use the Password solely in accordance with these terms and conditions and will not disclose it to any third party. If you are in breach of this Clause, CACI will be entitled to injunctive relief and/or a decree for specific performance and such further relief as may be proper.

5. Intellectual Property Rights

All proprietary rights in the Website, the Online User Guide and the Password are vested in and shall remain vested in CACI and its third party licensors.

6. Warranties and Liability

6.1 CACI does not warrant that any data in the Online User Guide is accurate.
6.2 These terms and conditions are in lieu of all warranties, conditions, undertakings, terms and obligations whether expressly given or implied by statute, common law, trade usage, course or dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law. To the maximum extent permitted by law, CACI specifically disclaims all implied warranties as to satisfactory quality and fitness for any particular purpose (even if it has been informed of such purpose) or otherwise with respect to the Website and the Online User Guide.
6.3 YOU WILL USE THE WEBSITE AND THE ONLINE USER GUIDE AT YOUR OWN RISK AND IN NO EVENT WILL CACI BE LIABLE FOR ANY LOSS (EXCEPT THAT ARISING FROM FRAUD) OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM CACI'S NEGLIGENCE) ARISING FROM USE OF THE WEBSITE OR THE ONLINE USER GUIDE.

7. Your Personal Information

CACI will collect, use and maintain your personal information in accordance with the Data Protection Act 1998 and all other data protection legislation and with the terms of CACI's privacy statement that you are able to access via the Website.

8. General

8.1 Entire Agreement - This Agreement constitutes the entire understanding between you and CACI concerning the subject matter of this Agreement. However this provision will not operate to limit or exclude any liability for fraud. These terms and conditions may not be amended except in writing signed by each party.
8.2 Rights of Third Parties - It is agreed that any person who is not a party to this Agreement will have no right pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement or rely on any exclusion or limitation contained therein. However this will not affect any right or remedy of a third party which exists or is available apart from that Act.
8.3 Governing Law - This Agreement will be governed and construed in accordance with the laws of England and the parties (being you and CACI) hereby agree to submit to the exclusive jurisdiction of the English courts to resolve any disputes between them.