Terms and Conditions
This page (together with the documents referred to on it) sets out the terms and conditions on which you may make use of our website www.fintellect.com (“our site“) or purchase the electronic publication “Marketing Services Financial Intelligence” (the “Publication“) available on our site. Please read these terms and conditions carefully before using our site or submitting your order for the Publication.
You should understand that by using our site and/or ordering any Publications, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Information about us
www.fintellect.com is a site operated by Fintellect Publishing Limited (“we“, “us” and “our“). We are registered in England and Wales under company number 0408172 and have our registered office at The Old Royal Oak, High Street Blockley, Moreton In Marsh, Gloucestershire, GL56 9EX, England. Our VAT registration number is 765 3230 34.
(A) Site Use
1. Accessing our site
1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
1.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party (including any employee or personnel of the company, partnership or organisation you work for). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
1.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.
2. Information about you and your visits to our site
3. Uploading material to our site
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
4. Viruses, hacking and other offences
4.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
4.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
5. Links to and from our site
5.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
5.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
5.3 If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
5.4 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6. Prohibited uses
6.1 You may use our site only for lawful purposes. You may not use our site: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or (c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
6.2 You also agree not to access without authority, interfere with, damage or disrupt: (a) any part of our site; (b) any equipment or network on which our site is stored; (c) any software used in the provision of our site; or (d) any equipment or network or software owned or used by any third party.
7. Suspension and termination
7.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of our site or our Publications. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these terms and conditions may result in our taking all or any of the following actions: (a) immediate, temporary or permanent withdrawal of your right to use our site; (b) suspension or cancellation of your Subscription (as defined in clause 10.1) without any obligation to refund any payments made by you; (c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (d) further legal action against you; (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.2 We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described in these terms and conditions are not limited, and we may take any other action we reasonably deem appropriate.
8. Intellectual property rights
8.1 We are the owner or the licensee of all intellectual property rights in the Publications, our site and in any material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our site to which you have access for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not reproduce, duplicate, copy or re-sell any part of our site (including the Publications) otherwise than as expressly permitted by us.
8.3 Our status (and that of any identified contributors) as the authors of the Publications and any material on our site must always be acknowledged.
8.4 The “Marketing Services Financial Intelligence” logo, “Fintellect” and the “Fintellect” logo are trade marks of Fintellect Publishing Limited and must not be reproduced for any reason.
8.5 You must not use the Publications or any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download the Publications or any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
(B) Purchasing Publications
9. Your status
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
10. Payment options and availability
10.1 We will make new editions of the Publication available for purchase from time to time. These may be purchased either: (a) on a per-Publication basis; or (b) as part of an annual subscription permitting access to all Publications produced within 12 months following the date of payment (“Subscription”).
10.2 The number of Publications produced during any Subscription period will be determined by the occurrence of events which we (in our absolute discretion) consider sufficiently newsworthy to warrant a report. In the event that we cease making the Publication generally available for any reason, your then-current Subscription will expire, without obligation for any refund from us.
11. How the contract for supply of Publications is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to receive a Publication or Subscription (as applicable). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a confirmation e-mail (“Confirmation”). The contract (incorporating these terms and conditions) between you and us (“Contract”) will only be formed when we send you such Confirmation.
12. Consumer rights
12.1 If you are contracting as a consumer, you may cancel a Contract by notifying us in writing at any time before the earlier of: (a) our providing you with access to the relevant Publication (or the first Publication where purchasing a Subscription); and (b) seven working days from the date on which we send you our order Confirmation (the “cooling off period”).
12.2 We will provide you with access to the relevant Publication within a reasonable time of the date of the Confirmation. This will often be virtually instantaneous, and you confirm that you are happy for us to perform the services prior to completion of the cooling off period. If we are delayed for any reason and/or you have sufficient time to cancel and wish to do so, you should email us at email@example.com.
12.3 Where cancelling an order in accordance with this clause 12, you will receive a full refund of the price paid for the Publication or Subscription (as applicable) in accordance with our refunds policy (set out in clause 14 below).
13. Price and payment
13.1 The price of any Publications/Subscriptions will be as quoted on our site from time to time, except in cases of obvious error, where we will notify you of the correct price and seek confirmation that you wish to proceed. These prices include VAT where applicable.
13.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
13.3 Payment for all Publications/Subscriptions must be by credit or debit card. We will not charge your credit or debit card until we send you an order Confirmation.
14. Our refunds policy
14.1 When you have cancelled a Contract between us in accordance with clause 12, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Publication or Subscription in full.
14.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Where applicable, we will endeavour to remind you that your Subscription is due to expire before it does. If we have changed the Subscription price since your last payment we will inform you of this in the renewal reminder notice so that you can choose whether or not to proceed with the renewal. If you have agreed to automatic renewal, your credit or debit card will be charged at the appropriate then-current rate each year until such time as you notify us that you wish to cancel.
(C) General Terms
16. Our liability
16.1 You acknowledge that you must use your own skill and judgement when using the Publications, commentary and materials posted on our site; these are not intended to amount to advice on which reliance should be placed, and we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
16.2 We use reasonable endeavours to ensure that the data on our site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not guarantee that our site will be fault free and do not accept liability for any errors or omissions. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained in the Publications or on our site.
16.3 Our liability for losses you suffer in connection with any Contract is limited to the purchase price of the Publication or Subscription (as applicable) that you purchased.
16.4 In no event shall we be liable for any indirect or consequential loss, loss of profit, loss of income or revenue, loss of business, loss of anticipated savings or loss of data, whether caused by tort (including negligence), breach of contract or otherwise.
16.5 Nothing in this clause 16 shall exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
17. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Fintellect Publishing Limited at either The Old Royal Oak, High Street Blockley, Moreton In Marsh, Gloucestershire, GL56 9EX, England or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. Sharing your Publications
19.1 We grant you a personal, non-exclusive, non-transferable licence to access the Publications that you purchase. You are not entitled to distribute or provide access to or otherwise share any Publications with any third party, including other employees or personnel of the company, partnership or organisation you work for. We reserve the right to suspend or cancel your access to our site, your Subscription or subsequent Publications if we reasonably suspect you have breached the provisions of this clause 19, and we shall have no obligation to refund any payments made by you in connection therewith.
20. Transfer of rights and obligations
20.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21. Events outside our control
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
21.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions or any Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions or any Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24. Entire agreement
24.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between the parties, relating to the subject matter of any Contract.
24.2 The parties each acknowledge that, in entering into a Contract, (and the documents referred to in it), it has not relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
24.3 Each party agrees that the only rights and remedies available to them arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
24.4 Nothing in this clause shall limit or exclude any liability for fraud.
25. Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you visit our site or order the relevant Publication or Subscription from us (as appropriate), unless: (a) any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or (b) if we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the first relevant Publication).
26. Law and jurisdiction
26.1 These terms and conditions, any Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
26.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, or in connection with Contracts or their formation, although we retain the right to bring proceedings against you for breach of these terms and conditions or any Contract in your country of residence or any other relevant country.