Euromonitor Passport

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Terms and Conditions

The Chest Order, together with the Licence Terms and Conditions, and any exceptions listed below, create a legally binding contract between your institution, organisation or company and the Licensor. Therefore please read the terms and conditions carefully and only submit a Chest Order if its terms and conditions are acceptable to your institution, organisation or company and you have the authority to make the financial commitment shown.

Licence

This Site licence is subject to the terms and conditions for the Standard Chest Licence for Online Resources with amendments shown at the bottom of this screen.

Payment terms

On receipt of a completed Order, and a Purchase Order (if required) Institutions will be invoiced for the Agreement Year in which the Licence is signed. In subsequent years, Institutions will be invoiced three months in advance of the anniversary date of their option, so: Early Adopters will be billed on 15 September 2019 and 2020 Standard Subscribers will be billed on 1 January 2020 and 2021 

Chest is an Enterprise of Jisc. All Purchase orders must be made out to Jisc, 4 Portwall Lane, Bristol, BS1 6NB to cover all charges plus VAT.

All terms contained in a PO are expressly rejected and do not form part of the Licence or vary the Licence terms in any way.

Please send purchase orders and any other files relating to your Chest order by email to help@chest.ac.uk or by mail to Chest (a Jisc Enterprise), 4 Portwall Lane, Bristol, BS1 6NB. Payments are due within thirty days of invoice date; recipients of late payments are entitled to interest in accordance with UK statutory provisions.

Data Protection

The following Data Protection clause applies to each Licence Agreement:

1. In this clause, “Data Protection Laws” means the General Data Protection Regulation (EU 2016/679) and the Data Protection Act 2018 and any other applicable laws and regulations relating to the protection of personal data as amended, replaced or updated from time to time, and “Controller”, “Personal Data” and “Process” (and cognate terms) shall have the meaning given to them (and equivalent expressions) in Data Protection Laws.
2. The Parties acknowledge and agree that:
   1. the Licensor may receive (a) unique identifiers, internet protocol addresses and other Personal Data from the Licensee relating to Secure Access; and (b) Personal Data directly from Authorised Users via the Licensed Materials, in each case, as described in Euromonitor’s privacy notice located at https://www.euromonitor.com/privacy-policy (as may be amended by Euromonitor from time to time) (together, “Passport Personal Data”);
   2. the Licensor is a separate and independent Controller of the Passport Personal Data and determines the purpose and means of Processing of that data (including the selection of the types of Personal Data for collection);
   3. each Party may receive and Process Personal Data relating to the personnel of the other Party and its contractors in connection with the receiving Party’s administration and management of the Licence Agreement. The Parties further acknowledge and agree that each Party shall Process the Personal Data it receives as a separate and independent Controller and the disclosing Party shall, at the receiving Party’s reasonable request, provide to the relevant personnel any privacy notice (or hyperlink to such notice) provided by the receiving Party from time to time as required by the receiving Party to comply with its obligations under Data Protection Laws.
3. Each Party shall be responsible for complying with its obligations as a Controller under Data Protection Laws. Each Party shall ensure that any Personal Data disclosed to the other Party is lawfully disclosed and transferred and does not cause the receiving Party to breach any Data Protection Laws.
4. Each Party shall only retain the Personal Data it receives from the other in accordance with its then current privacy notice or as otherwise permitted or required by Data Protection Laws.
5. Each Party shall, at the other Party’s reasonable request, provide co-operation and assistance in relation to the other Party’s obligations under Data Protection Laws.
6. To the extent any disclosure of Personal Data by a Party to the other results in a transfer of that data outside the United Kingdom and the European Economic Area, the Parties shall enter into such agreements and/or put in place additional measures as are reasonably necessary (but commercially prudent) to ensure such transfers comply with Data Protection Laws.

Licence extensions

There are two options to extend site licences for Education Purposes. Annex A of the Terms and Conditions for the Standard Chest Licence for Online Resources refers:

1. Across partner institutions, domestic or international. Fees are calculated as a % of the site licence fee depending on the aggregated student FTEs numbers at all partner institutions.

2. Across across wholly owned and/or operated campuses outwith the UK and the Republic of Ireland. Fees are calculated as a % of the site licence fee depending on the aggregated student FTEs numbers.

What are institutions and library services allowed to do?

Who can use the resource?

What can authorised users do?

The resources can be used for Educational Purposes – defined as:

• education
• teaching
• distance learning
• private study
• academic research
• administration and management of the Licensee’s educational or research operations

Exclusions:

• The resources may not be used for anything other than Educational Purposes.
• Downloading of large amounts of material by authorised users that might be considered ‘systematic’.

Termination Clauses

The Fee for early termination in accordance with clause 10.4 of the Terms and Conditions for the Standard Chest Licence for Online Resources is nil.

The Fee for retention rights upon termination in accordance with clause 10.5 of the Terms and Conditions for the Standard Chest Licence for Online Resources is nil.

Early subscribers may terminate their Licence early and opt-out of further payment by giving notice on or before 15 September annually, early termination to take effect on the following 31 March.

Standard subscribers may terminate their Licence early and opt-out of further payment by giving notice on or before 1 January annually, early termination to take effect on the following 31 March

If you are in doubt as to whether you are an Early Adopter or Standard Subscriber please ask help@chest.ac.uk

It is the intention of Eduserv and Euromonitor to renew this Agreement. If the Agreement is renewed or extended, then new conditions may apply. If the Agreement is not renewed, then any extension is a matter between institutions and Euromonitor.

Personal Licences

Personal licences are not available.

Exceptions to the Terms and Conditions

For the purposes of this Licence Agreement:

Clauses 1.1(a)(iii) and 1.1(a)(iv) are deleted and replaced by a new clause 1.1(a)(iii) which reads: For the avoidance of doubt, alumni (unless the licensee has access to Research Monitor for Alumni free-of-charge until 31 March 2020) and walk-in users are not Authorised Users.

Clause 2.2(m) is deleted. Inter-library loan is not allowed.

Clause 6.1 (Usage Data) is deleted and replaced by the following: Each Party shall use its reasonable endeavours to provide, within a reasonable period following the other Party’s written request, anonymised usage reports relating to Authorised Users’ use of the Licensed Materials, provided that such requests are limited to one request per 3 month period (except where the reports are requested in connection with a breach of this Licence Agreement, in which case no such limit shall apply).

Clause 10.4 of the Terms and Conditions for the Standard Chest Licence for Online Resources is amended by the replacement of the words “not less than sixty days’ prior written notice” with the words “not less than ninety days’ prior written notice”. See Termination Clauses above for details of dates.

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