FXMarketAlerts: Email Alerts and Website Terms and Conditions of Business (16 Oct 2008)
“Agreement” means the details shown on the Registration Form the Service Subscription Form and these terms and conditions
“Associated Company” means any subsidiary or holding company as defined in Section 1159 of the Companies Act 2006 and as if references therein to a company included a company incorporated elsewhere than England and Wales.
“Content” means the analysis information and material provided by the Alerts and contained on the Site
“Alerts” means the email alerts provided by Us and for which You subscribe under the terms of this Agreement
“Password” means the password notified by Us to You to enable You to access the Service
“Registration Form” means the registration form completed by You to subscribe for the Service (a copy of which may be accessed by clicking on the “My Account” tab on the Site when logged in)
“the Service” means the categories of Alerts and of access to the Site as provided by Us under the terms of this Agreement and for which You subscribe.
“Service Subscription Form” means the form under the “My Services” tab which may be accessed on the Site when logged in and which sets out the categories of Alerts and of Service for which You subscribe
“the Site” means our website accessed under the URL www.fxmarketsalerts.com
“the Subscription Fee” means the fee(s) which are set out under the “My Services” tab which may be accessed on the Site when you are logged in and which are payable for the categories of Alerts and Service for which You subscribe
“We” and “Us” means 4Cast Limited (company registration number 02711701) a company incorporated in England and Wales whose registered office is at 52 Grosvenor Gardens House, London, SW1W 0AU, Great Britain (VAT Registration Number ) and includes where the context admits any Associated Company. “Our” shall be construed accordingly.
“You ” and “Your” means the party named as the subscriber on the Registration Form
2.1 This Agreement shall take effect and continue for the periods for which you have paid and we have accepted the Subscription Fees, unless terminated as provided below.
3. SUBSCRIPTION FEE
3.1 The Subscription Fee for the Service is calculated and payable in advance and must be paid by credit or debit card. We shall be under no obligation to provide the Service until the Subscription Fee has been paid and your registration for the Service has been accepted by Us by our providing You with a Password.
3.2 The Subscription Fee is subject to VAT and any other use or sales tax duty or levy imposed by any authority in any country which may be levied from time to time and which shall be payable by You in addition to the Subscription Fee, where applicable.
4.1 We shall issue a Password to You when and provided We accept your registration to subscribe for the Service.
4.2 The Password shall be personal to You and may not be used by or transferred to any other person.
4.3 If You disclose (whether knowingly or not) your Password to another person who uses that Password to access the Service, We reserve the right to terminate this Agreement immediately and without liability to return any part of the Subscription Fee which may relate to any period after such termination. Further We shall be entitled to charge a Subscription Fee in respect of any party to whom the Password is disclosed.
5. RIGHTS GRANTED
5.1 For the period for which you have paid the Subscription Fee We grant You by way of a non-exclusive non-transferable licence the right to use the Service in accordance with the terms of this Agreement but not further or otherwise. You may display and retrieve the Content on a computer screen, and may save and store the Content on Your own PC and back up disk or other electronic storage.
5.2 You may elect to change the categories of Service for which You subscribe by completing and submitting to Us a Service Subscription Form. If You do so any additional Subscription Fee will be payable in advance in the same manner as provided in clause 3.1 above before we provide the amended Service. Any surplus of Subscription Fee from the previous Service will be placed towards the fees for the amended Service for such other or extended period of time until the fees for the amended Service have been exhausted. Any unused Subscription Fees will not be reimbursed but will be carried forward to any amended or future subscription for the Service by You but Subscription Fees may not be carried forward for more than 12 months from the date of your last amendment to the categories of Service for which You subscribe.
5.2 You may also elect to take a subscription holiday if You do not wish to receive the Service for a period of time by applying to Us by email notifying Us of the dates from which You wish to suspend receipt of the Service and recommence receiving it. The period for which You shall be entitled to receive the Service shall be extended by the period of the subscription holiday. Any such subscription holiday may not exceed a period of one month nor may subscription holidays exceed two months in any twelve month period.
6. LIMITATIONS ON RIGHTS GRANTED
6.1 You shall use the Content for your own personal use only or in the ordinary course of your business for internal purposes only and not further or otherwise.
6.2 You shall not forward copy reproduce or distribute all or any part of the Content on any media
6.3 You shall not alter modify or interfere with the Content or Service.
6.4 You shall not remove change or obscure any product identifications, trade or service marks, copyright notices or notices of existing or prospective intellectual property rights on or in the Content .
6.5 You shall not permit any unauthorised access to the Service.
6.6 Any breach of this clause 7 6 shall entitle Us in addition to any other remedy We may have to terminate the supply of the Service immediately and/or this Agreement as a whole without prejudice to any right to damages for such breach.
7. EXCLUSION OF WARRANTIES
7.1 We do not warrant or represent that the Service will perform satisfactorily on or with your or any third party supplier’s equipment hardware or software.
7.2 You acknowledge that the analysis and information supplied to You through the Service represents the opinion and prediction of Us at the time of transmission which opinion and prediction shall be subject to change without notice and is merely one source among others to be considered by You in carrying on any activity or business which involves dealing with currencies and/or financial instruments used by individuals knowledgeable and experienced in the financial sector. Accordingly, We make no representations or warranties express or implied, statutory or otherwise including (but not limited to) the accuracy of the service or the fitness of the service for any purpose whatsoever and all such representations and warranties are hereby expressly excluded.
8. EXCLUSION OF LIABILITY
8.1 Our liability for physical damage to any tangible property shall not for any one event or series of connected events exceed a sum equivalent to one year’s Subscription Fee.
8.2 In providing the Service We shall not be liable to You for any other direct or indirect or consequential loss, damage, cost or expense of any kind whatever and however caused, including (without limitation) loss of or corruption to data, loss of use of equipment and operator’s time, loss of goodwill, loss of profits, or loss of anticipated business savings and whether arising from negligence, breach of contract or otherwise howsoever.
8.3 The foregoing exclusions and limitations of liability shall not affect claims in respect of death or injury caused by negligence
8.4 The Service may from time to time be supplied in conjunction with third party products and services. We accept no responsibility for the supply of such products or services.
9.1 You acknowledge that the use of the Service requires You to use Your own skill and judgement in the evaluation of the Content provided. You shall be solely liable for all action taken as a result of Your use of the Service and shall at all times fully indemnify and hold Us harmless against any and all claims of whatsoever nature by any third party arising directly or indirectly out of access to or use of the Service by You.
10.1 Copyright and any other intellectual property rights in the Content belong to Us (or our licensors) . You may not use copy or in any way deal with the same other than as expressly provided for in this Agreement.
10.2 No title or rights of ownership copyright or any other intellectual property right in the Content is or will be transferred to You.
11.1 Notwithstanding and without prejudice to any other right and remedy or
power of termination contained elsewhere in this Agreement if You are in breach of any of the terms and conditions of this Agreement and having been notified of such breach have failed to make good the same within 14 days We may immediately terminate this Agreement without repayment of any part of the Subscription Fee which may relate to any period after termination or compensation.
11.2 Termination for this Agreement shall be without prejudice to the rights of either party in respect of any prior breach of the terms of this Agreement.
11.3 Notwithstanding expiry or termination of this Agreement any terms and conditions expressly or by implication of a continuing nature including but not limited to Clauses 8,9,10 and 11 of this Agreement shall continue in full force and effect.
12.1 Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed nor shall be deemed to be waiver of such party’s rights hereunder nor shall in any way affect the validity of the whole or any other part of this Agreement nor prejudice such party’s rights to take subsequent action.
13. ENTIRE AGREEMENT
This Agreement supersedes any arrangement understandings promises or agreements made or existing between the parties prior to the signing of this Agreement which constitutes the entire understanding between Us and You relating to the subject matter of this Agreement. Except as otherwise provided herein no addition amendment or modification of this Agreement shall be effective unless it is agreed by email or other writing between Us
14. FORCE MAJEURE
We shall not be responsible for delays, errors or interruptions if such failure is caused by circumstances beyond its reasonable control, including but not limited to any strikes, acts of God, war, riot, civil commotion, compliance with any law or government order, rules, regulations or directives which come into force after the date of entering into this Agreement
15.1 The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
16.1 Any notice given under this Agreement by either party to the other must be in writing and may be delivered personally by post, fax or e-mail. Notices must be delivered or sent to the address or number of the party served set out in the Registration Form or to any other address or number notified in writing by either party to the other for the purposes of receiving notices after the entering of this Agreement.
16.2 Notices will be deemed served:-
16.2.1 where delivered personally, on delivery.
16.2.2 where sent by post within Great Britain two days from posting or internationally five days from posting.
16.2.3 where sent by fax or e-mail on the sender holding electronic confirmation of transmission without notification of failure of delivery within six hours of transmission.
17. PROPER LAW
17.1 This Agreement shall be governed by and construed in all respects in accordance with English law.
17.2 You irrevocably submit to the jurisdiction of the English Courts and irrevocably agree that a judgement in any proceedings in connection with this Agreement by the English Courts may be enforced against You in the Courts of any other jurisdiction. We shall also be entitled to take proceedings in connection with this Agreement against You in the Courts of any country in which the You have assets or in any other Court of competent jurisdiction.
17.3 You are responsible for ensuring access to and use of the Service is lawful in the place in which access or use of the Service takes place and for complying with all applicable laws and regulations laid down by any government or other authority.
18. THIRD PARTIES
A person who is not a party to this Agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement