Terms and Conditions
Terms and Conditions
TERMS AND CONDITIONS FOR ACCESS TO THE SUBSCRIPTION SERVICE ("SUBSCRIPTION AGREEMENT") Please read these terms and conditions carefully, they contain important information about your rights and obligations.
1.1 Please read this Subscription Agreement carefully before attempting to subscribe to the subscription materials and information available on the web site (the "Subscription Service") operated by ClearView Financial Media Ltd Limited ("ClearView Financial Media Ltd", "we" or "us"). In particular, we draw your attention to clauses 10 (Applicability of Subscription Materials) and 15 (Liability).
1.2 By completing the Sales Order form you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not subscribe to the Subscription Service.
2 Nature of our web site
Our web site describes the Subscription Service in more detail.
3 Access to the Subscription Services
3.1 On receipt of your application for a trial subscription, we shall, subject to clause 6.3, provide you with such user name(s) and password(s) as are required by you to give access to the Subscription Service to you and/or any employees identified by you on your application for a trial subscription (such individuals in receipt of a user name being referred to in these terms and conditions as "Users").
3.2 You shall keep and, where relevant, shall procure that your employees keep confidential the user name(s) and password(s) provided by us to you for access to the Subscription Service. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
3.3 You shall be entirely responsible for all access to the Subscription Service where access is facilitated by the user name(s) and password(s) provided to you whether such access is with or without your consent.
4 Trial Period
4.1 For the fourteen (14) day period following receipt by you of your user name(s) and password(s), you shall be entitled to access the Subscription Service on a free trial basis (the "Trial Period") and access shall be subject to these terms and conditions.
4.2 On expiry of the Trial Period, continued access to the Subscription Service shall be subject to completion of the full subscription and payment of the fee by you in accordance with clause 6 (Payment).
5 Conditions of access to the Subscription Service
5.1 We grant you a non-exclusive, non-transferable licence to use the Subscription Service for: (a) the Trial Period; and(b) subject to clause 4.2, following expiry of the Trial Period for 1 year, and for yearly periods afterwards, on the payment of an annual renewal fee.
5.2 This licence to use the materials and information made available through the Subscription Service including without limitation any news items published in the site (the "Materials") is granted on the terms and conditions of this Subscription Agreement.
5.3 In relation to the Subscription Service: (a) you and each User may: i. display the Materials electronically on a single computer; ii. download and store one copy of the Materials in machine readable form; and iii. print one copy of the Materials; iv. in relation to any part of the Subscription Service which offers the "email a friend" function, use such function in respect of no more than 50 articles in each year, for their own individual use and for the purposes of any matter or transaction on which they are advising provided that you shall not be entitled to reproduce the Materials on any electronic or print media (including without limitation on any intranet or extranet) other than as permitted under this clause. (b) you and any User may not: v. download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, distribute or use Materials other than in accordance with clause 5.3(a)above; vi. sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person; vii. alter or remove any copyright notices or other notices indicating the proprietary ownership by us or any third party of any intellectual property in the Materials; viii. use the Materials in any manner except as expressly permitted, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; ix. in relation to any part of the Subscription Service which offers the "email a friend" function, use such function in respect of no more than 50 articles in each year, for their own individual use and for the purposes of any matter or transaction on which they are advising provided that you shall not be entitled to reproduce the Materials on any electronic or print media (including without limitation on any intranet or extranet) other than as permitted under this clause. x. reproduce, modify, or in any way commercially exploit any of the Materials; xi. allow any person in respect of whom a user name and password has not been allocated by us to use the Materials; xii. make the Materials available on a network; xiii. create a database in electronic or structured form by systematically downloading and storing all or any of the Materials.
5.4 ClearView Financial Media Ltd reserves the right to monitor the usage of the "email a friend" function and to contact you if we consider that you are using this function unreasonably. In the event that any usage of this function continues in breach of clause 5.3(a)(iv) following notification under this clause, we reserve the right to terminate your use of the Subscription Service in accordance with clause 16.1.
5.5 Unless otherwise specified, the Materials are presented solely for your own internal business use and may not be re-sold.
6.1 To access the Subscription Service on expiry of the Trial Period you will need to contact a ClearView Financial Media Ltd sales or customer service representative (contact details are on www.ClearView Financial Media Ltd.com).
6.2 Details of our prices for full subscription to the Subscription Service, and the procedures for payment are available from ClearView Financial Media Ltd sales and customer care representatives. You may pay by credit card, cheque or bank transfer within 30 days of receiving a valid invoice. The method of payment shall be indicated by you at the time of your full subscription request made in accordance with clause 6.1 and the payment will cover 1 year's access to the Subscription Service unless otherwise agreed. The price of any full subscription is the price in force at the date and time of your order. We may change the price of any full subscription before you place a full subscription request. If payment is not received within 30 days of receiving a valid invoice, ClearView Financial Media Ltd reserves the right to restrict access to the Subscription Service and/or charge interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6.3 We are entitled to refuse any trial or full subscription request placed by you. If your full subscription request is accepted, we will confirm acceptance to you by subscription electronic means ("Confirmation") to the email address you have given us on registration or on ordering. The Subscription Service will be made available to you via email on Confirmation. On expiry of the Trial Period, making the Subscription Service available to you on Confirmation constitutes performance of our services and, other than in accordance with clause 7.2, you will have no right to cancel the contract once we have done so.
6.4 You undertake that all details you provide to us for the purpose of subscribing to the Subscription Service for the Trial Period or otherwise will be correct, including without limitation and where relevant, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit card details before providing you with access to the Subscription Service.
7 Warranties and returns
7.1 We warrant that we will provide the Subscription Service with reasonable skill and care.
7.2 If you wish to cancel your full subscription to any part of the Subscription Service within 7 working days of Confirmation for any reason (including if you simply change your mind), you may do so if you send us a notice in writing or other durable medium (including email), but only if you have not yet accessed the Materials following expiry of the Trial Period. In these circumstances, you may claim a refund from us, which will be paid as soon as possible but in any event within 30 days.
7.3 If you have any complaints, or if you wish to exercise your right of cancellation referred to in clause 7.2 you may send your complaint or notice of cancellation to us via email at email@example.com or by post to Head of Customer Services, ClearView Financial Media Ltd, 19 Heathmans Road, London, SW6 4TJ. If you wish, you may use the form of cancellation set out at the end of these terms and conditions.
8 Modifications to the Subscription Service
Subject to your rights set out in clause 16 (Termination), we reserve the right to alter, suspend or discontinue any aspect of the Subscription Service, including your access to it. Unless explicitly stated any new features will be subject to these terms and conditions.
9 Information you provide
9.3 By accepting these terms and conditions, you agree and, where relevant, shall procure that your employees agree to the processing and disclosure of the Personal Information for the Purposes. You also agree and, where relevant, shall procure that your employees also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification by means of a notice on our web site, which should be checked regularly. If you or, where relevant, your employees would like to review or modify any part of the Personal Information which we hold relating to you or your employees then an email should be sent to firstname.lastname@example.org.
10 Applicability of Subscription Materials
10.1 Where Materials published in the Subscription Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered or provided by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Subscription Service.
10.2 We have used our best endeavours to ensure that all Materials comply with UK law but we make no representations that the Materials and the Subscription Service are appropriate or available for use in the United Kingdom . We also make no representations that the Materials and the Subscription Service are appropriate or available for use in locations outside the United Kingdom.
10.3 We make no warranties, express or implied that making the Materials and the Subscription Service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Subscription Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Subscription Service or the relevant Materials are not offered for subscription by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Subscription Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Subscription Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
11 Copyright and Monitoring
11.1 The contents of the Subscription Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is ClearView Financial Media Ltd or other third party licensors. All product and company names and logos contained within our web site or the Subscription Service are the trade marks, service marks or trading names of their respective owners, including us.
12 Linked Web Sites
We make no representations and give no warranties whatsoever about any other web sites which you may access through the Subscription Service. When you access any other web site you understand that it is independent from us and that we have no control over the content or availability of that web site. In addition, a link to any other web site does not mean that we endorse the content or use of such web site. Accordingly, we accept no responsibility for and shall not be liable for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
13 Availability of the Subscription Service
We will try to make the Subscription Service available but cannot guarantee that the Subscription Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Subscription Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
14.1 The Materials may not address your particular requirements and are not intended to constitute a definitive or complete statement of the law on any subject and are not intended to constitute legal or investment advice in any specific situation. You should take your own advice and make your own decisions without placing any reliance on any of our Materials.
14.2 The Materials include archived information and resources which may be incorrect or out of date.
15.1 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Subscription Service, our web site or any information or service provided through our web site not contained in this Subscription Agreement. We will do our best to ensure that all Materials are accurate, but please note that all Materials and information contained in the Subscription Service are provided on an "as is" basis.
15.2 It is a feature of the ClearView Financial Media Ltd web site that much of the Materials are contributed to us by many different third parties and we do not control those parties or their information and have no responsibility for any information they contribute. Opinions expressed within the Materials are those of the authors and do not represent our opinions.
15.3 We do our best to ensure that the Materials are accurate. However, we make no representations that the Material is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. The Materials do not constitute any form of advice or recommendation by ClearView Financial Media Ltd and are not intended to be relied upon in making (or refraining from making) any specific investment, or other, decisions. If you find any inaccurate information on the web site let us know and we will correct it, where we agree, as soon as practicable.
15.4 In relation to the provision of the Subscription Service, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Subscription Service or the Materials, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of ClearView Financial Media Ltd or our servants, agents or any other person.
15.5 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Subscription Service in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
15.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Subscription Service and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Subscription Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
15.7 The limitations and exclusions in this clause 15 do not affect your non-excludable statutory rights which shall only apply to the extent permitted by applicable law.
16.1 We may terminate or suspend your use of the Subscription Service at any time if you are found in material breach or we have reasonable grounds to believe that you are in material breach of any of these terms, including without limitation the prohibition on sharing or disclosure of user name(s) and password(s) set out in clause 3 (Access to the Subscription Service) and the reproduction of Materials set out in clause 5.4. and such breach, if capable of remedy, is not amended within 30 days of notification of such material breach.
16.2 If you are notified of termination of your rights of use, you must immediately destroy all of your copies of the Materials. In these circumstances you will not be entitled to any refund.
16.3 Other than in accordance with our rights set out in clause 16.1, in the event that under clause 8 (Modifications to the Subscription Service) we discontinue, suspend or terminate your access to all of the Subscription Service, we shall refund to you the pro rata share of the annual fee paid by you which relates to the unexpired part of the year in relation to which such annual fee was paid.
17.1 We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
17.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of the Subscription Service will be governed by that version.
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.5 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
17.6 ClearView Financial Media Ltd will not be held liable for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
17.7 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
17.8 These terms and conditions are not intended to benefit anyone other than the parties to it and, in particular, no term shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
18.1 All notices shall be given: to us via email at email@example.com; or by post to Head of Customer Services, ClearView Financial Media Ltd 19 Heathmans Road, London, SW6 4TJ; or to you at either the e-mail or postal address you provide during any application process unless otherwise notified to us. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Subscription Service.
Completion of the Sales Order form serves as confirmation of your acceptance of these terms and conditions.