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Terms and Conditions
Terms and Conditions
1. DEFINITIONS:
1.1
In this agreement the following definitions shall apply:
"We" and "us" means Central
Banking Publications Ltd (trading as CentralBankNews);
"You" means the legal entity we make the Contract with and
includes any person who we reasonably believe is acting with your
authority or knowledge;
"Content" means information, photos, text, graphics and other
material appearing on or available through the Service;
"Contract" means the agreement between us and you for the
provision of the Service incorporating the Terms and the registration
form displayed and completed on-line;
"Price" means initially the charge for the Service quoted
by us or, where no charge has been quoted (or a quoted Price is
no longer valid), the charge listed in Central Banking Publications
Ltd's published price list current at the date of your order and
as shown on our invoice. We may vary the Price from time to time
on giving you not less than 30 days notice in writing or by e-mail;
"Service" means the on-line financial information resource
provided by us; and
"Terms" means these terms and conditions.
2. PROVISION OF THE SERVICE:
2.1
We agree to provide you with the Service in accordance with these
Terms. These Terms also apply to the use by you of the Service during
any free trial period.
2.2 We cannot guarantee that the Service will never be faulty
but we will correct reported faults as soon as we reasonably can.
If a fault occurs you should immediately report the fault to us
by telephone or e-mail.
2.3 We may temporarily suspend the whole or any part of the
Service for any reason at our sole discretion. If this is necessary,
we shall give as much notice as is reasonably practicable, provided
we can give such notice by posting an appropriate form of words
on the website. We will restore the Service as soon as reasonably
practicable after temporary suspension.
2.4 We may alter, vary, replace or discontinue any of the
Content without notice. You acknowledge that any such action under
this Clause will not give rise to any right to reimbursement of
the Price or termination of the Contract.
3. CHARGES:
3.1 You agree to pay the Price for the
Service in full before we supply the Service or, if agreed at the
time of registration, within 30 days of receipt of a valid invoice.
3.2 All charges for the Service are non-refundable and exclusive
of Value Added Tax. Any variation on this must be agreed in writing
with us.
4. SECURITY:
4.1 You are responsible for ensuring that
no unauthorised access (whether by your personnel who are not authorised
by us or otherwise) is obtained to the Service through your account.
4.2 In order to access the Service we provide you with a
unique password and username ("Passwords"). You are responsible
for the security and proper use of your Passwords and must take
all necessary steps to ensure that all your Passwords are kept confidential,
used properly and not disclosed or used by unauthorised people.
4.3 You agree to inform us immediately if you have any reason
to believe that any Password has become known to someone not authorised
to use it or if any Password is being or likely to be used in an
unauthorised way.
4.4 If we have reason to believe that there is a breach of
security or misuse of the Service we may change any or all of your
Passwords and notify you accordingly.
4.5 If we have reason to believe that users are obtaining
and/or using Passwords without proper authorisation from us we shall
have the right to suspend the Service and/or terminate the Contract
without notice.
5. USE OF THE SERVICE:
5.1 The Service enables access to the Content
which may be protected by copyright, trademark and any other relevant
proprietary (including intellectual property) rights ("Rights").
You shall not, and you shall not permit anyone else to, distribute,
broadcast, or publish any part of the Content without our written
permission.
5.2 We are not authorised under the Financial Services Act
1986 to conduct investment business in the UK nor under any similar
laws applicable to other jurisdictions to conduct such business
in any other jurisdiction. No part of the Service constitutes investment
business under the Financial Services Act 1986. You agree that you
will not use the Service in such a way that either you or we will
be conducting unauthorised investment business or otherwise act
in contravention of any of the provisions of the Financial Services
Act 1986.
5.3 We do not engage in the screening of material on the
Service. We shall be entitled, but shall be under no obligation,
to remove any material at any time at our sole discretion.
5.4 Any links from the Service to the Internet are for your
convenience only. We have no responsibility for any information
obtained by you from the Internet or for any delay or inability
to access the Internet through the links on the Service.
5.5 You agree to use the Service for lawful purposes only,
and in a manner which does not infringe the Rights, or restrict
or inhibit use or enjoyment of the service by any other persons.
5.6 If anyone uses your account with or without your knowledge
or approval we can treat that contravention as a breach by you of
the Contract.
5.7 You agree to inform us immediately if anyone makes or
threatens to make any claim or to issue legal proceedings against
you relating to your use of the Service or the Content and you will,
at our request, immediately stop the act or acts complained of.
If we ask you to, you must confirm the details of the claim(s) in
writing.
5.8 If we suspend the Service because of your breach of these
Terms we may require receipt of an acceptable assurance from you
that there will be no further breach. This will not limit our right
to terminate the Contract in accordance with Clause 7.
5.9 You warrant that you will comply with all consumer and
other legislation, instructions or guidelines issued by regulatory
authorities, relevant licenses and any other codes of practice which
relate to the provision of the Service or the Content which apply
to you or of which we inform you.
6 ENDING THE CONTRACT:
6.1 This contract expires at the end of
the agreed subscription period or may be ended by not less than
1 month's notice from us to you or from you to us expiring on or
after the anniversary of the date of registration.
6.2 If you give notice you agree to pay all outstanding sums
within 7 days of the notice date.
6.3 Notice given by you does not avoid any other liability
for the Service already provided.
7. LIABILITY:
7.1 In performing any obligation under
this contract, our duty is only to exercise the reasonable care
and skill of a competent on-line information provider.
7.2 We accept no liability whether in contract, tort (including
liability for negligence) or otherwise for the accuracy, suitability,
quality or completeness of any Content. You acknowledge that we
have no control over, and we exclude all liability for, any third
party Content or any material on the Internet which can be accessed
by using the Service.
7.3 We accept no liability whether in contract, tort (including
liability for negligence) or otherwise for acts or omissions of
other providers or telecommunication services or for faults in or
failures of their apparatus.
7.4 We accept no liability for any loss suffered by you,
whether direct or indirect, of business, revenue, profits, anticipated
savings or wasted expenditure, corruption or destruction of data
or any other indirect, consequential or economic loss whatsoever.
7.5 Save as set out in writing in these Terms, all conditions,
warranties, terms and undertakings are expressly excluded to the
fullest extent permitted by law.
7.6 We endeavour to keep the Content provided by us on the
Service as accurate and up-to-date as possible but we accept no
liability for any losses arising directly or indirectly from your
use and reliance on any Content on the Service.
7.7 The Service provides access to Content which relates
to different jurisdictions. You shall be solely responsible for
evaluating the accuracy and completeness of such Content. We accept
no liability for any losses arising directly or indirectly from
your use and reliance on the Service.
7.8 We accept no liability for any third party Content which
appears on the Service. You shall be solely responsible for evaluating
the accuracy and completeness of any third party Content on the
Service.
8. GENERAL:
8.1 We may modify the Contract at any time,
such modifications becoming effective immediately upon the earlier
posting of the modified Contract on the Service or notification
to you. By continuing to use the Service following any such modification
you will be deemed to accept such modification.
8.2 You are not allowed to transfer or attempt to assign
or otherwise transfer this Contract in whole or part. The Service
is provided solely for your own use and those in your employment
authorised by us under the terms of the agreement. You shall not
re-sell or attempt to re-sell the Service (or any part or facility
of it) to any other person.
8.3 We shall not be liable for failure to perform the Contract
because of something beyond our reasonable control such as technical
failure, lightning, flood, or exceptionally severe weather, fire
or explosion, civil disorder, war or military operations, natural
or local emergency, anything done by government or other competent
authority or industrial disputes of any kind (including those involving
our employees).
8.4 Notices given under the Contract may be given by us to
you online through the Service or in writing and by you to us in
writing.
8.5 This Contract is governed by English Law and you and
we submit to the non-exclusive jurisdiction of the English courts.
© 2000 Central Banking
Publications Ltd and its contributors. All rights reserved. Central
Banking Publications Ltd accepts no responsibility for advice and
information contained on this site although every effort is made
to ensure its accuracy. Users are advised to seek independent advice
from qualified persons before acting upon any such information.
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