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Terms
and Conditions
1.
PARTIES AND REGISTRATION: "S.A.F.E" means
SECURITIES AND FINANCIAL ENGINEERING (SAFE) LTD., its subsidiary
companies and associated companies and its agents and employees.
"You" means the person specified as the user in the
registration form. The details provided by you on the registration
form are important. You must ensure they are correct and complete
and inform us of any changes.
2. DESCRIPTION OF SERVICES: S.A.F.E provides
users with access to online or sends email 4cast reports through
its network of properties (the "Service"). The Service
is provided As Is and that S.A.F.E assumes no responsibility
for the timeliness, deletion, mis-delivery, or failure to store
any communications.
3. MODIFICATION OF SERVICES: S.A.F.E reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that S.A.F.E shall not be
liable to you or to any third party for any modification, suspension,
or discontinuance of the Service.
4. NO RESELL OF SERVICES: You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, or access to
the Service.
5. DEALING WITH ADVERTISERS: Your business
dealings with, or participation in promotions of , advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings,
are solely between you and such advertiser. You agree that S.A.F.E
shall not be responsible or liable for any loss or damage of
any sort incurred as a result of such dealings or as a result
of the presence of such advertisers on the Service.
6. PAYMENT: Daily 4Cast services are available
for which payment is required. S.A.F.E will notify you in all
cases if the service you are trying to access is not free and
give you the opportunity to choose to pay for the service. You
agree to pay any fee for any of paid services that you subscribe
to. Where you have chosen to make payment by credit card, the
fees are payable in advance by way of weekly, monthly or annual
subscription and are non-refundable except if S.A.F.E gives
you notice to terminate without cause. Where you have chosen
to make payment by cheque, the fee's are payable monthly or
annually in advance and are non-refundable except if S.A.F.E
gives you notice to terminate without cause. S.A.F.E may send
you an email or write to you one month before the expiry date
on your credit card, or, where payment is by cheque, the expiry
of your current monthly or annual subscription. If we do not
hear from you within 10 days of sending our e-mail or letter,
we reserve the right to cancel your subscription. Your subscription
service will be restored once we have received your new credit
card details or cheque, as applicable. S.A.F.E will take all
reasonable care to ensure that your payment data is properly
transmitted and kept secure. You agree that we may receive/pay
remuneration from/to our connected companies or other third
parties in respect of transactions carried out by them on your
behalf. Details of any such remuneration will not be set out
on the relevant contract note or confirmation note provided
by such third party, but can be made available by them to you
on request.
7. COPYRIGHT AND YOUR RIGHTS: Copyright and
all other intellectual property rights subsisting in the database
accessible via the Services (direct access, email and any other
mean of communications) and each and every piece of information
provided through the Services (the "Information")
is owned by S.A.F.E or the providers of such information ("Data
Providers"). Reproduction of part or all of the contents
in any form is prohibited other than in accordance with the
following permissions:
Licence
to copy for personal use:You
may print or download to a local hard disk extracts from the
Information amounting to no more than three individual pages
for your personal use only.
Licence
to recopy for limited purposes:You
may recopy to third parties for their personal information only
certain Information as may be specified from time to time by
S.A.F.E as being available for that purpose, but only if :
a. You clearly and prominently acknowledge
the S.A.F.E Web page as the source of the material; and
b. You inform third party that these conditions
apply to him, her or it and that he/she/it must comply with
them. This licence to recopy does not permit alteration, adaption
or merging of material available on these pages. No part of
the S.A.F.E Web pages may be distributed or copied for any commercial
purpose.
No part of the S.A.F.E Web pages or daily 4casts may be reproduced
on or transmitted to or stored by any other Web site or other
form of electronic retrieval system by any person or entity
that operates any such Web site or electronic retrieval system.
8. USER NAME AND PASSWORD: If we provide you
with a username and password then you are responsible for all
use of the Services made using your username and password, whether
or not the use is made by you or someone else using your username
and password. You are responsible for protecting and securing
your username and password from unauthorised use. If you believe
there has been a breach of security of your username you should
notify S.A.F.E. Please note that S.A.F.E, at its absolute discretion,
reserves the right to refuse a user permission to use any particular
user name and/or password. It is not permitted to impersonate
or to attempt to impersonate another user or to make use of
or attempt to make use of another user's user name or password
and any such actions may result in legal action, including criminal
prosecution.
9. YOUR INFORMATION: S.A.F.E will respect your
personal information and will comply with all applicable UK
legislation currently in force. S.A.F.E will itself collect
and use information you supply to S.A.F.E in order to operate
and enhance the Services in accordance with our Privacy Policy
available from our Website.
10. AVAILABILITY OF INFORMATION: S.A.F.E reserves
the right to change the content, presentation, performance,
user facilities and availability of any part of the Services
at its sole discretion. It is your responsibility to refer to
the changes. They may, at S.A.F.E's absolute discretion come
into effect immediately on posting. S.A.F.E does not warrant
any connection, transmission over, security of or results from
the use of any network connection or facilities provided (or
omitted to be provided) in connection with the Services.
11. INVESTMENT WARNING: The Services and the
Information are only for your general information and use and
are not intended to address your particular requirements. In
particular, the Services and Information do not constitute any
form of advice or recommendation by S.A.F.E and are not intended
to be relied upon by users in making (or refraining from making)
any investment decisions. Appropriate independent advice should
be obtained before making any such decision. Any arrangement
made between you and any third party named in the Services is
at your sole risk and responsibility. For your information we
would like to draw your attention to the following investment
warnings. The price of shares, indices, currencies, commodities,
any other derivatives contract and investments and the income
derived from them can go down as well as up, and investors may
not get back the amount they invested. Past performance is not
necessarily a guide to future performance. Where the Information
consists of pricing or performance data, the data contained
therein has been obtained from company reports, financial reporting
services, periodicals, and other sources believed reliable.
Data computations are not guaranteed by S.A.F.E or any of the
Data Providers or affiliates and may not be complete.
12. NON-UK ACCESS: Neither S.A.F.E nor any
of its Data Providers or affiliates make any warranties express
or implied that the Services or the availability of the Services
in any particular jurisdiction outside the UK is in compliance
with any applicable laws or regulations. Accordingly, if it
is prohibited to make the Services or any part available in
your jurisdiction or to you (by reason of nationality, residence
or otherwise) such Services or any part 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 receive
the Services and, in particular, any document which allows you
to apply for any securities through the Services in the country
in which you are accessing the Services. Neither S.A.F.E nor
its Data Providers or affiliates accept liability for any costs,
losses or damages resulting from or related to the availability
or content of the Services to persons in jurisdictions outside
the UK or to persons who are, or who are nominees of or trustees
for, citizens, residents or nationals of other countries. The
Services or any part do not constitute an offer or solicitation
to sell investments in any jurisdiction.
13. ACCURACY OF INFORMATION: Neither S.A.F.E
nor any of its Data Providers or affiliates make any warranties
expressed or implied, as to the accuracy, adequacy, quality
or fitness for any particular purpose of the Information or
the Services for a particular purpose or use and all such warranties
are expressly excluded to the fullest extent that such warranties
may be excluded by law. S.A.F.E, its employees, Data Providers
and affiliates may or may not hold investments in the companies
or securities referred to in the Information and Services. You
bear all risks from any uses or results of using any Information.
You are responsible for validating the integrity of any Information
received over the Internet. S.A.F.E makes no warranty that the
Services will meet your requirements, or that the Services will
be uninterrupted, timely, secure, or error-free, or that the
results that may be obtained from the use of the Service will
be accurate or reliable, or the quality of any products, services,
information, or other material purchased or obtained by you
through the Service will meet your expectations.
14. INFORMATION POSTED BY YOU: You may place
Information on the Services such as weblog or make it available
to other users by e-mail only where and as permitted by S.A.F.E
from time to time. S.A.F.E does not monitor, approve, endorse
or exert editorial control over information posted by users
and does not therefore accept responsibility for or make any
warranties in connection with or recommend that you or any third
party rely on such information. You agree to not post (or transmit)
(i) any information which is objectionable including, without
limit, information which is defamatory, obscene, threatening,
untrue or in breach of any applicable laws, rules, regulations
or market conventions (including, without limit, financial services
regulations), (ii) any information which is in breach of any
person's rights (including without limit, copyright and confidentiality),
(iii) any information or software which contains a virus, cancelbot,
Trojan horse, worm or is otherwise harmful or (iv) any information
which (in S.A.F.E's opinion) constitutes advertising or (v)
any information outside the area designated for posting or (vi)
any information or comment which is deemed harmful to S.A.F.E
or S.A.F.E.s commercial interests. S.A.F.E reserves the right
to remove any such information from the Services without warning
and to inform and give assistance to the relevant bodies in
respect of any transgressions. We accept no responsibility for
and give no warranties in connection with any information posted
on our site by our users. We recommend that you do not rely
on such information. Any information posted on our Web site
by users has not been issued or approved for the purposes of
section 57 of the Financial Services Act 1986. By placing on
the Services or making available to other users any information
you hereby grant S.A.F.E a worldwide non-exclusive licence to
use copy, distribute, publish and transmit such information
in any manner S.A.F.E wishes (including, without limit, archiving
and making available such information as part of the Services).
15. INDEMNITY: You irrevocably indemnify S.A.F.E
and its officers, agents, co-branders or other partners, and
employees, and its Data Providers and affiliates from and against
any and all losses, damages and costs suffered or incurred by
S.A.F.E, any Data Providers or affiliates of whatsoever nature
arising out of or in connection with your use, provision or
distribution of Information or any part or the Services or any
part or otherwise howsoever arising in relation to any breach
of this Agreement by you. S.A.F.E and its parent company and
affiliates shall not be held liable for any trading losses as
a result of your use of the Services.
16. HYPERTEXT LINKS: S.A.F.E provides hypertext
links to sites on the Internet which are operated by other people.
Using an external hypertext link means that you may be leaving
S.A.F.E's site and S.A.F.E therefore takes no responsibility
for and gives no warranties, guarantees or representations in
respect of linked sites.
17. LIABILITY: Due to the number of sources
from which S.A.F.E obtains content and the nature of electronic
distribution via the word wide web or email neither S.A.F.E
nor any of its Data Providers nor affiliates have any liability
(whether in contract or tort) for any losses, costs or damages
resulting from or related to use of or inability to use any
Information contained in the Services or the provision of the
Services to the fullest extent to which such liability may be
excluded or avoided by law and in no event shall S.A.F.E be
liable to you for lost profits or for indirect, incidental,
special, punitive or consequential damages arising out of or
in relation to the Services or the provision of Information.
S.A.F.E makes no warranty that the Service is free from infection
by viruses or anything else that has contaminating or destructive
properties.
18. TERMINATION: This agreement will continue
unless terminated in accordance with the following provisions.
You may terminate your monthly agreement by giving S.A.F.E not
less than 30 days written notice from your next monthly renewal
date. You may terminate your annual agreement by giving S.A.F.E
not less than 30 days written notice before your next annual
renewal date (see address below for contact details) and S.A.F.E
may do the same, If you (i) fail to make any payments due to
S.A.F.E, (ii) are in breach of any of the terms of this agreement
(except for a trivial breach remedied within 7 days of its occurrence),
or any generally accepted guidelines on Internet usage and etiquette
(such as restrictions on mass mailings and mass advertisements,
pirating or copying software, mail bombing or attempts to violate
security), (iii) you do or fail to do any act which jeopardises
the continuance of the Services, (iv) if bankruptcy or insolvency
proceedings are brought against you, (v) if you do not make
any payments under a court judgement or fine, (vi) if you make
an arrangement with your creditors or a receiver or administrator
is appointed over your assets or (vii) if you go into liquidation,
then S.A.F.E may withdraw the Services from you, immediately
and without notice or compensation and such termination shall
be considered "with cause". S.A.F.E will then be under
no further obligation to you. Refunds of subscriptions to S.A.F.E
are at S.A.F.E's sole discretion. Send notice of termination
including your full name, full address and email addresses,
contact telephone number and explanation of your intentions
to: SECURITIES AND FINANCIAL ENGINEERING (SAFE) LTD., 29 Harley
Street, London, W1G 9QR. S.A.F.E CANNOT ACCEPT NOTICE FOR CANCELATION
VIA EMAIL, and TELEPHONE OR FAX.
19. CONFLICTS OF INTEREST: Your attention is
drawn to the fact that in respect of the Services, we, a connected
company or some other person connected with us may have an interest,
relationship or arrangement that is material in relation to
any Information supplied or could give rise to a conflict of
interest and you agree that we shall not be required to disclose
it to you. Our employees are required to comply with a policy
of independence and disregard any such interest, relationship
or arrangement in the course of carrying out their employment.
20. ASSIGNMENT: This agreement and any rights
of access (password and username) to any Service provided to
you may not be assigned, licensed or otherwise transferred by
you to any other person without the prior written consent of
S.A.F.E. You agree to keep your password confidential.
21. COMPLETE AGREEMENT: These terms and conditions
together with the duly completed registration form and payment
method instructions, if any, are the whole agreement between
you and S.A.F.E. You acknowledge that you have not entered into
this agreement in reliance upon any warranty or representation
made by S.A.F.E.
S.A.F.E may from time to time make changes to these terms and
conditions and payment rates which will be set out on S.A.F.E's
internet site not less than 14 days before they are intended
to take effect. Unless you inform S.A.F.E by post or e-mail
that you object to the proposed changes and wish to terminate
your subscription within this 14 day period, you will be deemed
to accept the proposed changes.
22. GENERAL: Any notice from S.A.F.E to you
may be delivered by e-mail or post to you at your last known
address. Evidence of posting (either electronically or otherwise)
shall be taken as evidence of delivery. This agreement shall
be governed by English Law. All disputes arising from or in
connection with this agreement shall be subject to the non-exclusive
jurisdiction of the English Courts. If any term of this agreement
is held to be illegal or unenforceable the validity and enforceability
of the remainder shall continue in full force and effect. The
provision in question shall be replaced by a valid and enforceable
term which corresponds, so far as possible, with the original.
Failure by either party to exercise any right or remedy under
this agreement does not constitute a waiver of that right or
remedy. All disclaimers, indemnities and exclusions in this
agreement shall survive termination of this agreement. Neither
you nor S.A.F.E shall be held liable for any loss or failure
to perform any obligation hereunder due to causes beyond your
or their respective reasonable control. This agreement replaces
all terms and conditions previously applicable to the provision
of the Services or any of them.
23. ACCEPTABLE USAGE POLICY: Securities And
Financial Engineering (SAFE) Ltd. reserves the right to take
certain preventative or corrective actions against users who
abuse the data, products and services provided.
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