Welcome to www.OTCDASHBOARD.com (‘the Site’, ‘Nicholas Hall’s OTC DASHBOARD’ or ‘OTC DASHBOARD’), which is owned by Nicholas Hall Group of Companies (‘Nicholas Hall’, ‘we’ or ‘our’ as applicable).
These Terms & Conditions govern the use of the Site (as defined below) and constitutes your agreement to this Terms & Conditions agreement. By using the Site, regardless of whether or not you choose to subscribe, you are agreeing on behalf of your business for it to be bound by these Terms. You should therefore read them carefully to understand your business’s rights and liabilities before placing an order or using the Site. The terms ‘you’, ‘your’ or ‘your business’ in these Terms are a reference to the business on whose behalf you act when using, subscribing or placing an order from the Site.
The Site (together with any successor Site(s) and all Services as defined below) is operated by Nicholas Hall Group of Companies. We provide Site users with access to information, content and services, including information, text, data, images and other similar materials. Your use of the Site is governed by these Terms & Conditions (this ‘Agreement’ or ‘Terms’), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as ‘WAP’), through a mobile network, or otherwise). This Agreement is between you and us.
PLEASE NOTE: The Site may include or be used in connection with certain Third Party Applications (as defined in Section 7 below). Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications.
1.1 By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. Where we have a valid reason for doing so, we may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the ‘LAST UPDATED’ legend above.
1.2 Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the ‘LAST UPDATED’ date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
2.1 The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
2.2 We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
4.1 Nicholas Hall Group of Companies provides access to the Site on a subscription-only basis. You can access content by subscribing at the prices stated on the Site. You are free to browse the landing page of the Site without subscribing, which includes overviews explaining OTC DASHBOARD’s key features and a form to register for a free trial. If you wish to access content or access certain other parts of the Site after this free trial period, then you will need to become a paying subscriber. Any rights not expressly granted in these Terms are reserved.
4.2 Nicholas Hall Group of Companies grants subscribers permission to share certain content from the Site (e.g. data, graphs and other infographics). For such use, where it has not already been stated and in addition to any other conditions applied, you must attribute the content to Nicholas Hall Group of Companies in the following form: “source: Nicholas Hall's OTC DASHBOARD ™, in conjunction with Nicholas Hall's DB6 Global OTC Database”. You may not alter content attributed to Nicholas Hall Group of Companies in any way. If you are unsure on whether to provide the source for certain content then you must contact us for clarification at OTCDASHBOARD@NicholasHall.com
5.1 You must be 18 years of age or over to use the Site.
5.2 You must ensure that all the information you provide when you subscribe or place an order is true, accurate, current and complete in all respects.
5.3 In subscribing to the Site, we may reject, or require that you change, any user name, password or other information that you provide to us in subscribing.
5.4 Subscriptions are offered strictly on a per-person basis. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorised use.
6.1 We, our Affiliates and our respective Representatives and Providers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorised in advance by us or as applicable to permissions for sharing content as defined in Section 4 above, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information, content or other materials made available through the Site.
6.2 We, our Affiliates and our respective Representatives and Providers own the trade names, trademarks and service marks on the Site. All trade names, trademarks and service marks on the Site not owned by us, our Affiliates or our respective Representatives and Providers are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORISED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
7.1 You acknowledge that you might need to download and activate certain third party software in order to download, view and use any of the digital content provided on the Site (e.g. Adobe Reader). This software will be clearly identified on the Site.
7.2 In order to use such third party software or technology you may have to explicitly accept the terms of a licence agreement with that third party. You acknowledge that Nicholas Hall Group of Companies has no responsibility or control over such third party software or their licence terms.
8.2 This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our Affiliates, or our respective Representatives and Providers, with respect to any Third Party Content.
9.1 The Site may provide links to or feeds from other web sites and online resources. Nicholas Hall Group of Companies has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Nicholas Hall Group of Companies therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
9.3 Nicholas Hall Group of Companies reserves the right to withdraw linking permission at any time without prior notice.
10.1 Nicholas Hall Group of Companies encourages your use of the Site and our content and services on the Site. However, Nicholas Hall Group of Companies requires that your use of the Site is lawful. Consequently, you may not use the Site for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
10.2 You agree to (i) use your best endeavours to ensure that Authorised Users access and use the content and services that Nicholas Hall Group of Companies provides only in accordance with the permitted uses and restrictions of use set out in these Terms, details of which will be made available to Authorised Users upon accessing any subscription services, and in accordance with any other applicable provisions contained in these Terms; and (ii) take all reasonable steps within your power to ensure that no person, firm or company other than an Authorised User accesses or uses any subscription services. For the avoidance of doubt, acceptance by any Authorised User of the permitted uses and restrictions of use set out in these Terms shall not relieve you of any of your obligations and responsibilities under these Terms.
11.1 You acknowledge that all copyright, database right, trade marks and all other intellectual property rights in the Site and the content made available via the Site, will at all times remain vested in Nicholas Hall Group of Companies or its licensors, which reserve all such rights.
11.2 You shall at the request and expense of Nicholas Hall Group of Companies do all such things as may be reasonably required to assist Nicholas Hall Group of Companies in taking or resisting any legal proceedings in relation to any infringement of any such rights.
11.3 For information on how you are permitted to use the content made available on the Site, please see the permitted uses and restrictions of use set out above in these Terms.
11.4 The trademarks ‘Nicholas Hall’s OTC DASHBOARD’, ‘Nicholas Hall Group of Companies’, ‘OTC.Newsflash’, ‘OTC.NewDirections’, ‘Nicholas Hall's OTC TalentSelect’, ‘Nicholas Hall’s Insight’, ‘Nicholas Hall’s OTC INSIGHT’, ‘Nicholas Hall’s DB6’ are owned by Nicholas Hall. All other brand names and trademarks that appear on the Site are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or trademarks, and any such use may constitute an infringement of the holder’s rights.
12.1 The parties to any contract made under these Terms acknowledge that they or their employees may, in the course of performing their responsibilities under these Terms, be exposed to or acquire non-‐public information which is proprietary to or confidential to either party or third parties to whom they owe a duty of confidentiality (‘Confidential Information’). The parties agree to hold Confidential Information in strict confidence and not to disclose the same to third parties or to use such Confidential Information for any purpose whatsoever other than the provision of content and services to you and Authorised Users as contemplated by these Terms and to advise each of its employees who may be exposed to Confidential Information of their obligations to keep such information confidential. This provision shall survive termination of any contract made under these Terms.
12.2 Nicholas Hall Group of Companies agrees that it will not, without your prior written consent, represent, directly or indirectly, that any product or any service(s) provided by Nicholas Hall Group of Companies has been approved or endorsed by you. This provision shall survive termination of any contract made under these Terms.
13.1 Nicholas Hall’s OTC DASHBOARD is a tool designed to help support effective business planning but we, our Affiliates or our respective Representatives and Providers will not be responsible for business performance as a result of any decisions made using this tool.
13.2 Nicholas Hall’s OTC DASHBOARD takes the form of a web-connected applet that is continually updated owing to improved research coverage. As such, subsequent versions cannot be directly comparable to each other and any information provided to you represents our best available knowledge at that time.
13.3 Limitations of liability and disclaimers to the extent permitted by applicable law, the Site and all goods, services, products, third party applications, third party content, information and materials made available through the Site are provided to you ‘as is’ without any express representations or warranties of any kind, and we, our Affiliates and our respective Representatives and Providers disclaim, to the extent permitted by applicable law, all statutory or implied representations, warranties, terms and conditions with respect to the Site and all goods, services, third party applications, third party content, information and materials made available through the Site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement.
13.4 Certain providers may separately provide limited representations and/or warranties regarding their third party applications; please check with such providers for further information. We make no representation or warranty that the Site (or any part thereof), or any goods, services, third party applications, third party content, information or materials made available through the Site is or will be accurate, complete, error-‐free, or compatible with any particular software or hardware.
13.5 Further, we make no representation or warranty that any software, hardware, equipment or other device or system using the Site or any goods, services, third party applications, third party content, information or materials made available through the Site will function in any manner. You hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the Site and (b) ensure that any software, hardware, equipment, devices, systems or services that you use will function correctly with the Site and any goods, services, third party applications, third party content, information or materials made available through the Site.
13.6 You agree that you must evaluate any reliance on the accuracy, completeness, or usefulness of any third party applications, third party content, information or materials made available through the Site.
We, our Affiliates and our respective Representatives and Providers will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site (including, without limitation, in connection with your use or receipt of any third party applications or third party content), or unauthorised interception of any such information by third parties, even if advised in advance of such damages or losses. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise shall be the total amount paid by you to us to access and use the Site. Notwithstanding the previous paragraph, nothing in this agreement shall exclude or limit in any way our liability for gross negligence, fraudulent misrepresentation, for death or personal injury caused by our negligence or the negligence of our agents or employees or for any other liaibility that cannot be excluded or limited by applicable law.
It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. While we try to maintain the security of the Site, we do not guarantee that the Site or any third party applications will be secure or that any use of the Site or any third party applications will be uninterrupted. Additionally, third parties may make unauthorised alterations to the Site or any third party applications. If you become aware of any unauthorised third party alterations to the Site, contact us at OTCDASHBOARD@NicholasHall.com with a description of the material(s) at issue and the URL or location of such materials.
14.1 Data is provided to subscribers in conjunction with Nicholas Hall’s DB6 Global OTC Database. Essentially, this includes all non-prescription sales of branded products from retail outlets, expressed at manufacturer’s sales prices (MSP). A more comprehensive explanation of how Nicholas Hall Group of Companies defines the OTC market can be supplied upon request. All Forecasts take into account published socio-economic and demographic forecasts plus OTC-specific factors such as switch, regulatory change and historic trends.
14.2 The ‘Company Results Tracker’ as part of ‘Company Watch’ provides provisional OTC sales for a selection of the top companies globally as defined by Nicholas Hall’s DB6 Global OTC Database, once their financial results are published. These may be altered from the original source for consistency owing to differences in OTC definition among companies, and are provided to you using our ‘best understanding’ of the original source.
14.3 The ‘Ad Watch’ feature is a quarterly selection of ads supporting OTC brands from around the world. These are provided as embedded video content on the Site via Third Party Applications. Your access to or use of such Third Party Applications may be governed by additional terms and conditions that are not set forth in this Agreement and that are made available by the particular providers of such Third Party Applications (as defined in Section 8 and Section 9 above).
15.1 Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Representatives and Providers from and against all claims, losses, costs and expenses (including reasonable attorney fees) arising out of (a) your use of the Site in breach of this Agreement; (b) any violation of this Agreement by you; or (c) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
16.1 This Agreement is effective until terminated. We may, at any time and for any valid reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password.
16.2 If we terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates or our respective Representatives and Providers with respect to such termination.
16.3 We, our Affiliates and our respective Representatives and Providers, shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
16.4 We may take reasonable steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes such third party’s rights).
17.1 If you have any complaints, please contact Nicholas Hall Group of Companies via email at OTCDASHBOARD@NicholasHall.com or by post (at the address below) and Nicholas Hall Group of Companies will do its best to resolve these.
35 Alexandra Street, Southend-‐on-‐Sea, Essex, SS1 1BW, England
Tel: +44(0) 1702 220200 F: +44(0) 1702 430787
Registered Office: Acre House, 11-‐15 William Road, London, NW1 3ER, UK Registered in England and Wales No: 02912487
Coigne House, La Canurie, Vale, Guernsey, GY3 5HX, British Channel Islands
Singapore Land Tower, 37th Floor, 50 Raffles Place, Singapore 048623
Tel: +65 6829 7131/2 F: +65 6829 7285
Company Registration No: 201008214Z
Singapore Land Tower, 37th Floor, 50 Raffles Place, Singapore 048623
Company Registration No: 201303125W