Usage Terms and Policies

Welcome to mediafacts.com (‘the Website’), which is owned and operated by Emor AS (‘Kantar Emor’, ‘we’ or ‘our’ as applicable).

Please read these Usage Terms and Policies carefully before using this Website. By continuing to use this Website you agree to be bound by these terms of use.

Kantar Emor reserves the right to modify these Usage Terms and Policies at any time without notice to you. Your continued use of the Website after any such changes constitutes your agreement to follow and be bound by these Usage Terms and Policies as modified.

Website Content and Copyright

This Website is the property of Kantar Emor and is protected by Estonian and international copyright law and conventions. Kantar Emor grants to Customer the right to access and use the Website, so long as such use is for internal information purposes, and Customer does not alter, copy, disseminate, redistribute or republish any content or feature of this Website. Customer acknowledges that access to and use of this Website is subject to these Usage Terms and Policiesand any expanded access or use must be approved in writing by Kantar Emor.

Privacy

Customer's right to privacy is of paramount importance to Kantar Emor. When you register to use our webstore, Kantar Emor will ask you to provide your name, organization, email address, and other related information. Kantar Emor will use this information to provide you with a more personalized online experience and, where applicable, to process orders, as well as to keep track of what topics are of interest to our Customers. Kantar Emor will not share this information with any third party unless this is needed in order to process your order.

Please refer to our Privacy Policy to see the further details.

Registration as User

You may browse our Website without registering as User. If you want to place an order, you will need to register.

You will be responsible that all the information you provide when you register or place an order is true, accurate, current and complete. If your data changes, this can be changed in your registered account.
Your registration password is for your own use only, please do not share this with other persons.
If you become aware of any misuse or unauthorized use of your log-in details, please inform us immediately by contacting us here.

Payment

The prices for content quoted on the web store do not include VAT. VAT is added to the price at the checkout before the payment is completed.

We accept payments in Euros.

Add the desired products to your shopping basket to order them. Fill in all of the required fields and choose the most suitable shipping method to complete the order. The total cost is then displayed on the screen. 

This can be paid securely via the following payment methods provided by Maksekeskus AS:

  • Estonian bank links: Swedbank, SEB, Luminor, LHV, Coop Pank
  • Latvian bank links: Swedbank, SEB, Citadele and Luminor
  • Lithuanian bank links: Swedbank, SEB and Luminor
  • Finnish bank links: Aktia, Ålandsbanken, Danske, Handelsbanken, Nordea, Oma Säästopankki, Pohjola, POP Pankki, S-Pankki, Säästopankki
  • Visa / MasterCard credit card payments

NB! When using a bank link payment confirm the order and then click on the ‘Return to merchant’ button.

The personal data necessary for the execution of payments is transferred to authorized processor Maksekeskus AS. The contract enters into force when the amount payable is transferred to the bank account of the online store.

If you are paying by invoice, please follow the payment instructions on the invoice you received by email.

Restriction on Use

User must not

  • violate the security of the Website nor attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means;
  • take nor attempt any action that, in the sole discretion of Kantar Emor, imposes or may impose an unreasonable or disproportionately large burden on the Website or its infrastructure;
  • use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without the prior written consent of Kantar Emor;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

Content for Purchase

Kantar Emor offers for purchase market survey reports (‘Report(s)’) in digital format for download from the Website after the payment. For details of how you can use this content please see below Intellectual Property Rights.

Reports are available for download and use in Adobe PDF format or interactive MS Power BI dashboards. It is your responsibility to check if the format suits your needs and you are able to successfully receive and access any purchased download before you place an order. Please note that from time to time Kantar Emor may modify the formats in which the Reports are available, so you should always check before making a purchase.

When purchasing a MS Power BI Report, you will receive one named user license for internal use of the report in your company or for your personal usage (in case the report is purchased by a private person). The link is active for 90 days from send out date, unless specified otherwise under product’s description. The access link to the report will be sent directly to your e-mail address no later than 2 business days after the transaction has been successfully verified (or alternatively, when paying by invoice, within 2 business days after the payment has been received to our account). Access to the Power BI report will be set up for the person who purchased the report. If the access should be made for someone else in the organization, please inform us by email support@mediafacts.com.

The language of the report is indicated in the Report details.

Intellectual Property Rights and Permission to use Purchased Content

The authorship and ownership rights of the Surveys and of the Reports available in the Website belong to Kantar Emor or Kantar Emor partners, if indicated so on product description.

By placing an order and paying for it you will acquire the right to use the ordered report and data within your organization or for your personal usage (in case the report is purchased by a private person). You have no right to sell or otherwise make the data available to any third person without the Kantar Emor's prior written consent. You may not display the content on any Website or intranet.

In case you have acquired the right for public use of the data from Kantar Emor, then the following information must be shown, when quoting the survey data: the source (the name of the survey and the report producer’s name), the survey time period and the country of the survey.

Refund

Customer may withdraw the order and will be refunded until the moment of downloading the services. Customer acknowledges that once the Reports are downloaded, the service can no longer be withdrawn.

The ownership and authorship rights (in the meaning of the Copyright Act) in the reports available in this web-site belong to AS Emor. The reports can be used by other persons according to terms and conditions as described in our policy and based on conditions of the license agreement as described in Law of Obligations Act , Chapter 18, § 368-374 .  These terms and conditions are to be considered as our offer in the meaning of Law of Obligations Act (§ 16 lg 1). By placing an order, paying for the order and downloading the report(s), you accept our offer, incl. acknowledging that you have the right to cancel the transaction only until the download is completed.

Disclaimer

While the information contained on this Website has been obtained from sources believed to be reliable, Kantar Emor disclaims all warranties as to the accuracy, completeness or adequacy of such information. Customer assumes sole responsibility for the use it makes of this Website to achieve his/her intended results.

To the fullest extent permitted by law, Kantar Emor expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, suitability, availability, timeliness, quality, lack of viruses or other harmful components, title, fitness for a particular purpose and non-infringement. Customer agrees and acknowledges that the website and the service are provided “as is”, “where is”, “as available” and “with all faults”. Other than as specifically set forth herein Kantar Emor makes no warranty that the service will be uninterrupted, timely or error-free, nor does Kantar Emor make any warranty as to the results that may be obtained from the use of the website or the accuracy of any other information obtained through the service. Customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at the sole risk of the user and that Customer will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data.

Limitation of Liability

Neither party will be liable to the other party (or to any person or entity claiming through the other party) for any special, incidental, indirect, consequential, exemplary or punitive damages or any lost profits arising out of or in any manner connected with using the service or the subject matter hereof, regardless of the form of action and whether or not such party has been informed of or otherwise might have anticipated the possibility of such Damages. In no event shall Kantar Emor’s aggregate liability arising out of or relating to this service regardless of the basis (including breach of contract, tort (including negligence) or otherwise) on which a Party is entitled to claim Damages from the other Party exceed the lessor of limited to 1,000 euros or the amount of fees paid to Kantar Emor by Customer.

Disputes

In the event of any dispute arising out of this service, the disputing party shall give written notice to the other party of the dispute. Following receipt of the notice the parties shall attempt to settle the dispute by negotiation. To this end, the parties shall use their respective reasonable endeavors to consult or negotiate with each other, in good faith and, recognizing their mutual interests attempt to reach a just and equitable settlement satisfactory to the disputing party. Negotiations shall be conducted between the parties’ respective most senior representatives with overall responsibility for the relationship between the parties. If a dispute is not settled by negotiation within a period of five (5) weeks from the date of notification of the dispute (unless the parties agree upon a longer time period), then either party may refer the dispute to Harju Maakohus.

Governing law

The contract is governed by the laws of the Republic of Estonia.

Date of posting: 14th January 2021.