Terms & Conditions

Notice to users:

Carefully read the following Terms and Conditions (the "Agreement") which govern the use by you (the "User") of this site.

1. The Fintellect Service

1.1 The Fintellect Service (the "Service") is owned, managed and operated by Fintellect Publishing Limited ("Fintellect") and is made available only to Subscribers to the printed publication "Marketing Services Financial Intelligence" ("the Publication"). The Service comprises the website accessible version of each issue of the Publication, an index and search facility, the on-line publication "New Media Agencies Financial Intelligence" and such other ancillary services as shall be introduced by Fintellect from time to time. Fintellect reserves the right to update the editorial content of the website accessible version of the Publication to take account of relevant information that becomes available after the issue of the printed publication.

1.2 Fintellect reserves the right to amend, modify or suspend the Service (or any part of it) from time to time without prior notice. This Agreement represents the entire agreement between the parties relating to the Service and supersedes any and all prior promises, representations, agreements, statements and understanding whatsoever which existed or may have existed between Fintellect and the User. Fintellect may modify the Agreement upon notice sent to the User by first class post and/or by e-mail.

2. Licence

Fintellect grants to the User a personal, non-exclusive, non-transferable licence to access and use the Service for internal purposes only upon the terms of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer the rights granted by this Agreement and in particular the User shall not allow any person to use or have access to the Service without the prior written permission of Fintellect.

3. Ownership and Intellectual Property Rights

3.1 The User acknowledges that "Marketing Services Financial Intelligence" and "New Media Agencies Financial Intelligence" in all media upon which they exist and are produced forms a valuable body of information and that the copyright, trade marks and all other intellectual property rights in or relating to them and the Service are and shall remain the property of Fintellect. The User shall not alter, remove or obscure any notices whether relating to copyright, trade mark rights or any other such rights.

3.2 The User shall not copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form all or/any part of the Service whatsoever received in any medium by virtue of this Agreement other than for the internal purposes of the User’s business.

3.3 Except to the extent permitted by law, the User shall not reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the Service.

3.4 The "Marketing Services Financial Intelligence" device logo, the "New Media Agencies Financial Intelligence" device logo, "Fintellect" and the Fintellect device logo are trade marks and must not be reproduced for any reason.

3.5 The User shall not modify, adjust or alter any part of the Service and shall not use software to access the Service without permission, or use software that will corrupt any part of the Service in any way.

4. Liability

4.1 The User acknowledges that it must use its own skill and judgement when using the Service and that it uses the Service at its own risk and any use to which the User puts information obtained from the Service shall be the responsibility of the User. The User hereby indemnifies Fintellect against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the Service by the User.

4.2 Due to the nature of interactive services and the Internet generally, Fintellect gives no warranty or commitment that use of the Service will be free from interruptions or errors, and Fintellect shall have no responsibility or liability in respect of or arising out of any communications or network defects, delays or failures (whether temporary or otherwise) while using the Service.

4.3 Clicking on certain links within this site might take the User to other sites and Fintellect shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such sites.

4.4 Fintellect shall under no circumstances be liable to the User in respect of any claim by the User for indirect or consequential loss or damage (including loss of profits or goodwill), whether or not caused through negligence, relating to any information provided in "Marketing Services Financial Intelligence" or otherwise as part of the Service, or its use by the User. Fintellect shall not be liable, and shall not otherwise be deemed to be in breach of this agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control. However, nothing in this Agreement in any way limits Fintellect’s liability for fraud, for death or personal injury caused by its negligence, or for any liability which cannot as a matter of law be limited

5. Licence Fee and Security

5.1 The User shall be granted a licence to access the Service in consideration for the payment of a composite non-refundable annual subscription to Fintellect (such subscription to include delivery of the Publication "Marketing Services Financial Intelligence") in accordance with the rates specified by Fintellect from time to time.

5.2 Users may be offered the opportunity of paying for access to the Service by sending credit card details over the Internet. Like any other communication system, there are risks of interception attached to sending information over the Internet. Although Fintellect shall take all normal precautions to minimise the risk of interception, the User acknowledges that any information is sent at the User’s own risk and that Fintellect shall have no liability for the security of this information while it is being transmitted.

5.3 In accessing any part of the Service, the User shall comply with these and any other terms and conditions of the Service issued from time to time by Fintellect and in particular it will protect the Service and any data provided by Fintellect and the Service from access by unauthorised third parties and will follow all instructions relating to the security of the Service issued by Fintellect, and use any password or user identification (ID) or user name issued by Fintellect for accessing the Service. The User accepts that it is responsible for the use of any such security measures and warrants that it will keep any such password, user identification or user name or any other security mechanism or device confidential and will not disclose it to any other person.

6. Data

6.1 The personal data that the User reveals to Fintellect in registering to use the Service may be used by Fintellect for marketing other services provided by Fintellect to the User and for updating the User on the services offered.

6.2 It is the responsibility of the User to ensure that it is complying with the national laws of any state relating to the access of the Service.

7. Equipment

The User shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware and software, modems and telecommunication links which it requires to access the Service.

8. Termination

Without prejudice to any other rights or remedies, Fintellect may at any time suspend the Service or any part of it or terminate the Licence forthwith if the User is in material breach of any of its obligations under the these terms and conditions or if the User goes into bankruptcy, liquidation or administration, makes a voluntary arrangement with its creditors or becomes insolvent or has a receiver appointed. Fintellect will under no circumstances be liable to refund all or part of any fee (if any) in the event of the suspension of the Fintellect Service or termination of the Licence.

9. General

9.1 Any notice given under this Agreement must be in writing and delivered by hand, first class post, e-mail or facsimile to the relevant party to the address given by Fintellect on this site or the address given by the User on registration.

9.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

9.3 Neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond its reasonable control.

10. Confidentiality

10.1 The User will treat as confidential and keep secret all information contained in or concerning the Service, and the method developed by Fintellect to compile the Service. The User will not disclose such information to any third party, except to the extent that it is required to do so by law, or to the extent that the information is public knowledge.

10.2 This clause will remain in full force and effect after termination of this agreement.

11. Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of England and Wales (excluding laws governing the conflict of laws) and the parties submit to the jurisdiction of the English Courts. This will not prevent Fintellect from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement or the Service in any other jurisdiction throughout the world.

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