1.4. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1.5. We are not authorised by the UK Financial Conduct Authority and we do not carry out any regulated activities within the meaning of the Financial Services and Markets Act 2000 and regulations made thereunder.
‘Acceptable Use’ means use of the Site in accordance with clause 2;
‘Affiliate’ means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;
‘Control’ means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and the expression change of control shall be construed accordingly;
‘Site’ means this website;
‘we’, ‘us’ or ‘our’ means INVESTOR INFORMATION LIMITED registered in England and Wales under company number 08297605 registered office Kemp House, 152 – 160 City Road, London, England EC1V 2NX; and
‘you’ or ‘your’ means the person accessing or using the Site or its content.
2. Acceptable use
2.1. We permit you to use the Site only for personal, non-commercial purposes. Use of the Site in any other way, including any unacceptable use set out in the Terms, is not permitted.
2.2. Unacceptable use
2.3. As a condition of your use of the Site, you agree not to use the Site:
2.3.1. for any purpose which is unlawful under any applicable law or prohibited by the Terms;
2.3.2. for any purpose which is not Acceptable Use;
2.3.3. to commit any act of fraud;
2.3.4. to distribute viruses or malware or other similar harmful software code;
2.3.5. for purposes of promoting unsolicited advertising or sending spam;
2.3.6. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
2.3.7. in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
2.3.8. in any manner that harms minors;
2.3.9. to promote any unlawful activity;
2.3.10. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
2.3.11. to impose an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site;
2.3.12. to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
2.3.13. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
2.3.14. to attempt to circumvent password or user authentication methods.
Our Privacy Notice applies to use of this Site, and its terms are made a part of these Terms by this reference. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
4. Content, service and liability
4.1. We take reasonable care to ensure that the content of the Site (‘Content’) is accurate and correct at the time of first publication. We do not however represent or warrant that the Content is or remains accurate or complete nor that the Site will be continuous and uninterrupted.
4.2. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4.3. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code within the Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to us, and is protected by the law of passing off, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.
4.4. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. or warranties relating to such documents.
4.5. The Site may contain links to other independent third-party websites (‘Linked Sites’). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
5. Bulletin boards, chat rooms and other interactive services
5.1. We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Site.
5.2. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
5.3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
5.4. Any Submission you make must comply with our Submission standards set out in clause 5 below.
5.5. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, on any other websites operated by us and for our business purposes indefinitely.
5.6. Submission standards
5.6.1. Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
5.6.2. In particular, any Submission or communication by you must be:
5.6.3. your own original work and lawfully submitted;
5.6.4. factually accurate or your own genuinely held belief;
5.6.5. provided with the necessary consent of any third party;
5.6.6. not defamatory or likely to give rise to an allegation of defamation;
5.6.7. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.6.8. unlikely to cause offence, embarrassment or annoyance to others.
6. Linking and framing
6.1. You may create a link to our Site from another website without our prior written consent provided no such link:
6.1.1. creates a frame or any other browser or border environment around the content of our Site;
6.1.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
6.1.3. displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
6.1.4. is placed on a website that itself breaches the Terms.
6.2. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
7. Using our name and logo
You may not use our trade marks, logos or trade names except in accordance with the Terms. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with our brand guidelines.
8. Limitation of Liability
8.1. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
8.2. If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our liability will be limited to £100.
9.1. We shall apply the Terms in our absolute discretion. In the event of your breach of the Terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions or any other communication to users of our Site by you to law enforcement authorities or take any action we consider necessary to remedy the breach.
9.2. You agree to indemnify and hold us and any of our directors, officers, employees, agents and contractors, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Site contrary to these Terms.
10.1. These Terms constitute the entire agreement between you and us with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. We will not accept any counter-offers to these Terms and all such offers are hereby rejected.
10.2. You may not assign the benefit of these Terms or of any registration or service arising therefrom. We may assign the benefit of these Terms and of any registration or service agreement with you to any Affiliate of us or to any bona fide purchaser of the Site.
10.3. Except for the third parties referred to in clause 9.2, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of this agreement.
10.4. Any notice by us to you may be given by email to your last registered email address or in writing to your last known address. Any notice by you to us may be given by email or in writing to our address in accordance with our contact details. Notices will be deemed received:
10.4.1. if sent by first-class post two days after posting;
10.4.2. if by hand: on delivery;
10.4.3. if by email, on receipt of a delivered or read email report.
This clause does not apply to notice given in legal proceedings, arbitration or other dispute resolution proceedings.
10.5. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of England without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in England and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.