By accessing this website (the "Site") you are agreeing to these Terms, whether or not you register as a user. These Terms set out the basis upon which the Site and the online content/services available on it ("Content") may be used. The Terms apply to all use of the Site and all Content irrespective of the delivery platform being used - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the Content is delivered - e.g. via web browser, WAP browser, email, desktop alert, SMS or otherwise. If you use the Site in the course of your business, you are also agreeing to these terms and conditions on behalf of that business.
If you do not agree with the Terms (or are not authorised to do so) you should not use or access the Site. If you have any questions please contact Financier Worldwide. We recommend that you print a copy of these Terms for your records.
This Site is owned and operated by Financier Worldwide Limited. References in these terms and conditions to "FW", "Financier Worldwide" and "Financier Worldwide.com" (or "we", "us" or "our") refer to the company operating the Site.
As a user, you may be able to access material on some areas of the Site without going through the registration process. Certain areas of the Site are only open to you if you register. Also, additional material may be available on a paid-for subscription basis ("Paid For Services"). Paid For Services will be clearly identified as such and payment will be required before the Paid For Services can be accessed. Specific provisions relating to use of Paid For Services are set out in Section 5 of these Terms.
FW reserves the right to suspend or terminate any access and use of the Site at any time for any reason. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to FW. In that event, notice will be deemed to be served three hours after transmission or posting.
2. Use of Site Content
All material and Content on the Site belongs to FW or its third party licensors. FW or its licensors own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. You may retrieve and display Content from the Site on a computer screen (or compatible device), print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or mobile device (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
You may also on an occasional and infrequent basis forward by email certain headlines that appear on the Site (but not full text articles) to a maximum of ten individuals using our "send to a colleague" service, provided that you shall not use this function for the purpose of either creating a "paid for" service or regular information dissemination within an organization: if you would like to use any headlines in this way please refer to the "At Work Use" paragraph below. Restrictions on use: You may not use the Site or any Content for any unlawful purpose. Except as expressly set out in these Terms, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from FW:
- redistribute any of the Content (including by using it as part of any library, archive or similar service);
- in any way modify any documents or related graphics on this Site;
- remove alter or minimise the copyright or trade mark notice from any copies of Content made available under these Terms;
- in any way separate any graphics on this Site from accompanying text;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content. Requests to republish, syndicate or redistribute Content should be addressed to FW's Reprints & Syndications department;
- deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes;
- or use any machine, electronic, web based or similar device to read or extract the Content by automated or machine based means.
Linking: If you would like to link to this Site, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Site:
- must not otherwise use any FW trade marks or names without permission from FW;
- may not remove, distort or otherwise alter the size or appearance of FW logos;
- may link only to the homepage of this Site unless FW has otherwise given prior written permission;
- must not create a frame or any other browser or border environment around this Site or any Content;
- must not in any way imply that FW is endorsing it or its products or services or has any affiliation;
- must not misrepresent its relationship with FW or present false information about FW;
- must not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other
- rights of any other person or otherwise does not comply with all applicable laws and regulations.
FW expressly reserves the right to require that any link in breach of these provisions be promptly removed on provision of written notice to you by FW and to take whatever other action it deems appropriate.
Please note that in addition, and without prejudice to our rights at law to restrict the types of use referred to above, these restrictions are also contractual in nature and bind all users of the Site.
At Work Use: If you are using the Site in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact FW's Content Sales Team to discuss your business requirements, since it is possible that your use of the Content extends beyond what is permitted by these Terms. In particular, all requests to republish, redistribute or syndicate Content, whether headlines, full text articles (or parts thereof) or the right to use Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions.
Any rights not expressly granted in these terms are reserved.
On registration, you must provide FW with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Site registration pages. This is particularly important if you subscribe to receive any Paid For Services. FW is entitled to rely on any information you provide.
Each registration is for a single user only. On registration, you may be asked to choose a user name and password ("ID"). FW does not permit you to share your ID with any other person or access through a single ID being made available to multiple users on a network. FW may cancel or suspend your access to the Site if you do this without further notice or obligation to you.
You are responsible for all use of the Site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify FW immediately by e-mailing email@example.com. We recommend that you do not select an obvious user password (such as your name, pet's name or phone number) and that you change it regularly.
If you provide FW with an email address that will result in any messages FW may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or university) then you warrant that you are entitled to receive those messages. You also agree that FW may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.
If you register to use the Site and/or subscribe to the Paid For Services (see Section 5 below) then you may choose to use the Site's "Remember me" log in feature that enables you to be logged in automatically to the Site whenever you visit without having to manually log in each time. It is recommend that this feature is not enabled on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of the Site personal to you.
4. News By E-Mail, Newswire and RSS
FW may give you the option to subscribe to its e-mail, NEWSwire alert and RSS news and alert services. Your use of the Content received through these news services will be subject to these Terms.
5. Paid For Services and Site Transactions
FW operates various "PAID FOR" Services: Site Subscription Services, Periodical Subscriptions and certain Sites may have mobile services. FW reserves the right to vary and change the Paid For Services at any time and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.
You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you already receive any Paid For Services through any corporate or business arrangement made with us, some of these payment terms may not apply to you.
You can pay by either credit or debit card. By submitting credit or debit card payment details to FW you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments FW reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services. You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site. This will not affect our entitlement to any other remedies we may have in law against you. For WAP services, you may only be able to access the Content if you have a web-enabled mobile device. FW will try to process your subscription promptly but does not guarantee that the Paid For Services or any content will be available to you by any specified time. A contract with you for receipt of the Paid For Services will come into effect when FW sends you a letter or email confirming your subscription.
Paid For Services will be accessible on payment of certain subscription charges. All online payments (including any applicable taxes) must be made in Pound Sterling or any alternative currency that FW may specify. You may use the links or banners on the Site to purchase products or services from FW's third party partners. In that event, your contract for such products will be with the third party partner and not with FW. Any use of sites operated by such third party partners will be subject to the limitation of liability below.
6. Site Subscription Services
Access and Use: Certain areas of the Site are only accessible to users who pay to subscribe to the Site. Once you have completed the subscription process and your payment has been received by us, you will be given appropriate access to the Site.
Pricing: The subscription prices are set out on the pages which contain our subscription process. FW will notify paid subscribers in advance of any price increases. If we give you a free trial, you are in no way obligated to proceed with a Paid Subscription at the end of the specified trial period. Eligibility for any discounts is subject to any specific conditions stated by FW for the relevant discount. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls.
Cancelling or Changing your Site Subscription: When you subscribe you may cancel your subscription by contacting the Customer Services team for the relevant publication or product and FW will refund you on a pro rata basis, if applicable. This means that FW will refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of your subscription. Any cancellation will be effective once FW receives notice of it.
7. Downloads and Java Security
Copyright in any software or data file that is made available for download from the Site ("Download") belongs to FW or its suppliers. Where applicable your use of the Download is governed by the terms of any licence agreement that may accompany or be included with the Download. Do not install or use any Download unless you agree to such licence agreement.
8. No warranties, Exclusion of Damages, Limitation of Liability and Exclusive Remedy, Non-UK Access and Links
The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by FW and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Site are at your sole risk and responsibility. Any information that you receive via the Site whether or not it is classified as "real time" may have ceased to be current by the time it reaches you and share price, deal value information may be rounded up/down and therefore not entirely accurate. FW is not responsible for any use of the Content by you outside its scope as stated in these Terms.
FW obtains content from a number of sources and given the nature of electronic distribution via the internet, FW does not give any warranties in respect of the Site, Content, software or services available through the Site (collectively, "Site Services"). In particular, the Site Services are provided on an "as is", "with all faults" and "as available" basis. To the extent allowed by applicable law, FW hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort. Additionally, FW makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
Also, FW does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
To the full extent allowed by applicable law, you agree that FW will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Site Services or to any breach of the terms by FW, even if FW has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable Site Service up to a limit of the following, at FW's election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services; or (2) correction or replacement of the Site Service. All limitations will apply to all legal and equitable theories.
The Site contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames and are provided solely for your convenience. Where possible, FW will make clear where such links are being made, though Third Party Sites may be co-branded with FW and so include FW's trade marks. If you use these links, you leave this Site. FW has not reviewed all of these Third Party Sites and does not control and is not responsible for them or their content or availability, nor any advertising on them, nor any links from them to other sites. FW will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. FW 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. If you decide to access any of the Third Party Sites linked to this Site, you do so entirely at your own risk.
FW does not provide any warranties, express or implied that the Site Services are in compliance with any applicable laws or regulations in any particular jurisdiction outside the UK.
Accordingly, if it is prohibited to make the Site Services or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Site Services or any part thereof are not directed at you.
You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to access the Site Services and, in particular, any document which allows you to apply for any securities via links or banners in the country from where you are accessing the Site Services.
The Site Services or any part thereof do not constitute an offer or solicitation to buy or sell investments in any jurisdiction.
FW does not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the Site Services to persons in jurisdictions outside the UK or to persons who are nominees of or trustees for citizens, resident or nationals of other countries.
Nothing in this legal notice shall exclude or limit FW's liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law
9. Technical Requirements and Site Security
The Site is best viewed using the Internet browsers IE6/7 or Firefox 1.0 and higher and any other web standard compliant browser. Any older browser versions may work but users could have limited browsing experience. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer (SSL) technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
You may not misuse the Site (including, without limitation, by hacking).
10. Changes to these Terms
FW reserves the right, at its discretion, to make changes, alter, revise or withdraw any part of the Site or the Content at any time (with or without notice to you) by updating this posting. Due to its policy of updating and improving the site, FW may wish to change these Terms (including those relating to your use of the Content). You should check this Site from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Site. When terms are changed, FW may notify you by e-mail or by publishing details of those changes by including them at the end of these Terms (see "Changes to these Terms"). If you use the Site after FW has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them. If you do not agree to the changes you should cease using the Site and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 5.
These Terms were last updated on 01 January 2007 and replace all previous terms and conditions for the Site.
11. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. FW will not be responsible for any error or inaccuracy in advertising or sponsorship material. Any advertisement on the Site is not an inducement by FW for the user to enter into any agreement with the advertiser.
12. Prize Draws, Competitions and Promotions
From time to time FW will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.
13. Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. You and FW irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of FW, FW shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
Financier Worldwide Limited is a company registered in England and Wales under number 3678214 whose registered office is at 23rd Floor, Alpha Tower, Suffolk Street, Queensway, Birmingham B1 1TT, United Kingdom. Copyright Financier Worldwide Limited, 2010
Telephone: +44 (0) 845 345 0456
Fax: +44 (0) 121 600 5911