YOUR USE OF OUR PRODUCTS/SERVICES AND ANY OF THEIR CONTENTS MADE AVAILABLE TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (HEREINAFTER THE ‘AGREEMENT’). BY SUBSCRIBING TO THE PREMIUM SERVICE, USING THE PREMIUM SERVICE (AS DEFINED IN CLAUSE 6) IN ANY WAY, OR ACCEPTING ANY RELATED SERVICES FROM INVESTING SIDEKICK, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND THIS AGREEMENT, (2) HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO IT; AND (3) ARE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement applies to this website of Investing Sidekick (from here referred to as the ‘Site’) and all offline products we offer, including spreadsheets, pdf reports and online information (from here referred to as the ‘Products’).
Please read this Agreement carefully as your use of the Site and our Products is subject to it. Investing Sidekick reserves the right at its sole discretion to change, modify or add to this Agreement without prior notice to you. By continuing to use the Site and our Products you agree to be bound by such amended terms.
1. What you are allowed to do
Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited licence to do the following:
(a) browse the Site and view the information on it for private, non-commercial use only;
(b) print off pages from the Site or Products to the extent reasonably necessary for your use of the Site and Products in accordance with the above provided that at all times you do not do any of the things set out in clause 2.
2. What you are not allowed to do
Subject to this Agreement, you may not:
(a) systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Site or Products;
(b) remove, change or obscure in any way anything on the Site or otherwise use any material contained on the Site or in the Products except as set out in this Agreement;
(c) reproduce, retransmit, disseminate, sell, publish, broadcast the Site or Products, or any portion of them, or use the Site or Products or anything available within them in connection with creating, promoting, trading or marketing investment products without our express written consent; or
(d) Use the Site or Product for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the Site and Products or any information taken or derived from it.
3. No Investment Advice
You acknowledge that:
(a) We do not provide investment advice (as defined in the UK Financial Services Act 1986), that nothing on the Site or contained within the Products constitutes investment advice and that you will not treat any of the Site’s or Product’s content as such;
(b) We do not recommend any financial product;
(c) We do not recommend that any financial product should be bought, sold or held by you;
(d) nothing on the Site or within the Products should be construed as an offer, nor the solicitation of an offer, to buy or sell securities by us; and
(e) information which may be referred to on the Site or in the Products from time to time may not be suitable for you and that you should not make any investment decision without consulting a fully qualified financial adviser.
4. Your personal information
Our use of your personal information is governed by Investing Sidekick’s Privacy Policy, which forms part of this Agreement.
4.1 User Password
If you are required to select a password to access or use the Site and the Products, you may then modify that password at any time as often as you like. If Investing Sidekick determines at its sole discretion that your account has been compromised we will reset your password immediately and notify you of the new password at the registered email address.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORISED SUCH USE. YOU MUST PROMPTLY NOTIFY INVESTING SIDEKICK IN ACCORDANCE WITH CLAUSE [11] BELOW OF ANY UNAUTHORISED USE OF YOUR PASSWORD.
5. Copyright and Trademarks
5.1 All copyright and other intellectual property rights in any material (including, without limitation, text, photographs and other images and sound) contained in the Site or Products are either owned by us or our third party content providers. You are only allowed to use the Site or Products and the material contained in them as set out in this Agreement.
5.2 The Site contains certain trademarks. All trademarks included on the Site are the property of Investing Sidekick, or its content providers. You are not allowed to copy or otherwise use any of these trademarks in any way except as set out in this Agreement.
5.3 Certain financial information included on the Site and in the Products is proprietary to Mergent, Inc. (“Mergent”) Copyright © 2015. Reproduction of such information in any form is prohibited. Because of the possibility of human or mechanical error by Mergent sources, Mergent or others, Mergent does not guarantee the accuracy, adequacy, completeness, timeliness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITHY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall Mergent be liable for any indirect, special or consequential damages in connection with subscriber’s or other’s use of such information.
6. Premium Service (on InvestingSidekick.com)
In addition to the above, the following provisions in this Clause 6 shall apply to you if you have opted to subscribe to the Premium Membership service on the InvestingSidekick.com website (collectively, the ‘Premium Service’) (such user of the Premium Service shall be referred to as a ‘Premium Member’).
6.1 Subscription and Service
You may not use any portion of the Premium Service without a valid subscription from Investing Sidekick. To obtain a subscription, you must register for the Premium Service by completing the online registration form available on the Site. Your subscription will not be valid unless and until Investing Sidekick accepts your registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Investing Sidekick promptly of any changes to this registration information. This notification may be effected either by editing your user profile in the Members area of the Site or by using the “Contact Us” functionality on the Site in accordance with Clause [11].
You may be offered a free or discounted trial subscription to the Premium Service, beginning on the date on which Investing Sidekick accepts your registration and you will be notified of the length of the trial subscription before you register for this service. If you do not terminate this subscription to the Premium Service during this trial period by notifying Investing Sidekick at the email address provided to you at the time you register for the trial subscription, the initial term of your regular paid Premium Service subscription will start immediately after the trial period ends, and will continue until the subscription is cancelled.
If you have taken advantage of a trial or discounted subscription for the Premium Membership in the past, you will not be eligible for a trial and instead your credit card will be charged immediately for the Premium Service subscription fee associated with the term length you select when you register.
You understand that, unless you notify Investing Sidekick at the email address provided to you at the time that you register for the Premium Service, that you wish to terminate your Premium Service subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the applicable subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a premium member, your subscription will automatically renew at Investing Sidekick’s then-current subscription fee to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal.
The term ‘subscription term’ shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
INVESTING SIDEKICK RESERVES THE RIGHT TO CHANGE THE PREMIUM SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your co-workers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the Agreement, including this Clause 6; (ii) your Premium Service subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use other than that described in (i) and (ii).
6.2 Charges and Billing Practices
If offered a trial to the Premium Service, you will not be charged a full subscription fee during that trial period. Subscription fees on credit-card transactions will be authorised immediately, but not actually processed until the trial period has expired. Unless your subscription is cancelled before the end of your free trial period, you will be charged for the initial term of your Premium Service subscription and then, at the beginning of each renewal term, if any, you will be charged the then-current Premium Service subscription fee for the term length you selected. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and will apply whether or not you actually use the Premium Service during that term. You may always find the current retail subscription rates by reviewing the “Members” portion of the Site. Subscription fees are non-refundable, except as set forth below.
We reserve the right to change the subscription or other fees we charge for Products offered in connection with the Premium Service and/or the Site at any time. We will notify you of any changes to fees at the registered email address. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products with which there are associated fees, you agree to pay those fees and that Investing Sidekick may charge your credit card for those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, VAT) will be billed automatically to the credit card you provide (‘your credit card’) when registering for the Premium Service. If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Investing Sidekick, and if Investing Sidekick does receive such information, it will be treated by Investing Sidekick as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Investing Sidekick (as set in Clause [11]) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided Investing Sidekick regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Investing Sidekick will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Investing Sidekick shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all reasonable costs (including attorneys’ fees) actually incurred by Investing Sidekick in collecting any unpaid subscription fees or other charges from you.
6.3 Cancellation
You may cancel your subscription either in the “Members” section of the Site or by notifying us in accordance with Clause [11], or given on the Site. You must give Investing Sidekick at least 5 days’ notice before the date your subscription fee is next due to be charged to your credit card. If a cancellation notice is not received 5 days prior, Investing Sidekick will not be able to cancel the next automatic payment scheduled and you will be charged for renewal.
If you cancel your subscription during your trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided in the Agreement, if you subscribe on a 6 monthly or greater basis and you cancel your Premium Service subscription at any time your membership will terminate on the next date of renewal. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership terminates on June 30, at which time it ends.) If you subscribe on a monthly basis and subsequently cancel your subscription during a month, your subscription will continue to the end of its monthly term and you will be entitled to continue to use the Premium Service until the time of termination.
Investing Sidekick may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of the Agreement; or (ii) your use of or access to the Premium Service or the Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by Investing Sidekick on the Site or in the Products. None of the foregoing limits any other legal, equitable, or contractual rights available to Investing Sidekick.
Investing Sidekick may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration or to a new e-mail address where you have notified us of your change in e-mail address. You will be deemed to have received this notice, whether or not you saw it or the e-mail address most recently provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
6.4 Customer Service and Product Support
For customer service related to your Premium Service subscription (product, technical or subscription questions), please contact Investing Sidekick via email (as set forth in Clause [11] (on working days, 9am-5pm London time) or using Investing Sidekick’s online form. The online form is available on the “Contact Us” page of the Site.
6.5 Refer a friend
Investing Sidekick offers a refer a friend program for Premium Members. This offer is for referring new customers only, and does not include former Premium Members reinstating memberships. Premium Members must have an active membership to be eligible to accrue free months. Free months will be issued once the referred customer has passed the point at which they can claim a refund on the purchase. If you are on a monthly subscription service your next months subscription will still be charged to your credit card, but will be subsequently refunded to you. If you have pre-paid for more than one month in advance then we will refund you one months charges calculated on a pro-rata basis. We aim to do this at the beginning of the next calendar month. In the event that a referred friend successfully claims a refund after free months have been awarded, then any rewards given will become immediately invalid and the Premium Member will be required to recommence paying for the service. If we suspect that any Premium Member is abusing the offer to get continuous free access then they will be prohibited from accruing free months and accruals to that point may be nullified. Investing Sidekick reserves the right to prohibit any Premium Member from access to this offer retroactively. There is currently no limit to the number of friends that can be referred, but Investing Sidekick reserves the right to impose a limit at any time and decline subsequent referral claims on that basis. Investing Sidekick reserves the right to refuse rewards for any reason if we suspect they have not been legitimately earned.
7. Posting comments
You agree that, by posting comments on various articles and sections of the Site, you automatically grant, and represent and warrant that you have the right to grant, a non-exclusive, royalty-free, worldwide licence to display such comments on the Site and any other websites operated by Investing Sidekick or our agents.
8. Exclusions and limitations of liability
8.1 In no event shall Investing Sidekick or its content providers (collectively, the ‘Investing Sidekick Parties’) be liable (whether for breach of contract, negligence or for any other reason) for (i) any loss of profits, (ii) exemplary or special damages, (iii) loss of sales, (iv) loss of revenue, (v) loss of goodwill, (vi) loss of any software or data, (vii) loss of bargain, (viii) loss of opportunity, (ix) loss of use of computer equipment, software or data, (x) loss of or waste of management or other staff time, or (xi) for any indirect, consequential or special loss, however arising.
8.2 Subject to clause 8.1, the Investing Sidekick Parties’ liability to you whether in contract, tort or otherwise is limited to the recurring subscription fee for the Premium Service in the event that you are a subscriber to the Premium Service when the liability occurs.
9. Disclaimer
9.1 ALL INFORMATION CONTAINED ON THE SITE AND WITHIN THE PRODUCTS, INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS FOR GENERAL INFORMATIONAL USE ONLY AND MAY NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, IN MAKING ANY INVESTMENT DECISION. THE SITE ONLY PROVIDES INFORMATION TO YOU AND DOES NOT PROVIDE INVESTMENT ADVICE AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE YOU SHOULD ALWAYS CONSULT A FULLY QUALIFIED FINANCIAL ADVISER.
THIS SERVICE IS PROVIDED ‘AS IS’ WITH ALL FAULTS. INVESTING SIDEKICK AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PREMIUM SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER INVESTING SIDEKICK NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN ‘EXPERT’ IN ANY JURISDICTION. NEITHER INVESTING SIDEKICK NOR ITS CONTENT PROVIDERS WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE SECURITIES LAWS OF ANY JURISDICTION
9.2 ALTHOUGH WE USE REASONABLE EFFORTS TO ENSURE THAT INFORMATION ON THE SITE AND IN THE PRODUCTS, INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS ACCURATE AND COMPLETE, WE DO NOT GUARANTEE THIS TO BE THE CASE. AS A RESULT, USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK AND NEITHER INVESTING SIDEKICK NOR ANY OTHER INVESTING SIDEKICK PARTY CAN ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM YOUR USE OF THE SITE OR PRODUCTS OR ANY INFORMATION CONTAINED ON THE SITE OR PRODUCTS. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE OR PRODUCTS.
NEITHER INVESTING SIDEKICK NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE PREMIUM SERVICE. NEITHER INVESTING SIDEKICK NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE PREMIUM SERVICE.
9.3 Information contained on the Site and in the Products including any information provided under the Premium Service is not tailored for your individual situation and, as a result, such information may be unsuitable for you and your investment decisions. You should consult a financial adviser before making any investment decision.
9.4 The Site may include advertisements and links to external sites and co-branded pages in order to provide you with access to information and services which you may find useful or interesting. We do not endorse such sites or approve any content, information, goods or services provided by any of them. We are not responsible or liable for any loss or damage suffered by you as a result of your use of such sites or any information appearing on them.
9.5 We are not able to exercise control over the security or content of information passing over the Internet, and we hereby exclude all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature.
9.6 Indemnification
We accept no liability for loss or damage suffered by you as a result of accessing Site or Product content which contains any virus or which has been maliciously corrupted. You agree to indemnify, defend, and hold harmless Investing Sidekick, its affiliates and its content providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Premium Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Premium Service (including, without limitation, in any Discuss Area (as defined below) that may be made available as part of the Premium Service).
10. Availability and updating of the Site and Products
10.1 We may suspend the operation of the Site and Products at any time without notice. We do not warrant that access to or use of the Site and Products or of any sites or pages linked to it will be uninterrupted or error free.
10.2 We may change the format and content of the Site and Products at our sole discretion at any time without notice. You should refresh your browser each time you visit the Site to ensure that you access the most up-to-date version of the Site and any information appearing on it.
11. Enquiries or complaints
All notifications in accordance with this Agreement must be sent by email to enquiries@investingsidekick.com
Furthermore, if you have any enquiries or complaints about the Site or Products then please send them to:
email: enquiries@investingsidekick.com
12. General and governing law
12.1 This Agreement forms the entire understanding of you and us with respect to the subject matter hereof and supersedes all previous agreements, understandings and representations relating to that subject matter. If any provision of this Agreement is found to be unenforceable, that finding will not affect the validity of any other provision.
12.2 Investing Sidekick will not be liable to you for any breach of this Agreement which arises because of any circumstances which Investing Sidekick cannot reasonably be expected to control.
12.3 This Agreement shall be governed and interpreted in accordance with English law, and you consent to the exclusive jurisdiction of the English courts.
13. Principal trading address and company details
Investing Sidekick Ltd
Registered in England No: 09319383
This Agreement was last updated on 7th April 2015.
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