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SRPA - Terms and Conditions

Introduction This document sets out the terms and conditions on which Arete Consulting Limited (ACL) provide access to the online database of structured retail products (the "Database") to be found at the web address www.SRPAdviser.com.

Users of the Database are bound by these Terms and Conditions. ACL may change these Terms and Conditions from time to time and your continued use of the Database following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Database.

1.  Definitions  a) "ACL" means Arete Consulting Limited.

(b) "Customer" means a company that has contracted with ACL for a subscription licence to access to the Database. For the avoidance of doubt, a Customer does not include any subsidiary company, affiliate, or parent company of the Customer nor any companies which are purchased by or merged with the Customer during the term of the subscription.

(c) "Database" means the data provided in the online database of structured retail products at the web address www.SRPAdviser.com

(d) "Services" means the services to be provided by ACL as set out below.

2.  Services   Subject to the terms of this document, and compliance by the Customer with these terms, ACL shall:

(a) provide access to the Database

(b) use its best endeavours to ensure that the Database is updated regularly to maintain the integrity and validity of the data held within it.

3.  Intellectual Property  All intellectual property rights of whatever nature (including, without limitation, copyright, design rights and know-how) in all material and information provided by ACL in the provision of the services shall remain the property of ACL, with the exception of third party previously copyrighted documentation.

4.  Liability  ACL accepts no liability for the use of the information provided in the Database. In particular ACL shall in no event be liable to the Customer for:

(a) economic loss (which includes loss of profit, business, goodwill, revenue or anticipated savings)

(b) loss arising from any claim made against the Customer by a third party

(c) special indirect or consequential loss or damage

(d) loss or damage arising from the Customer's failure to comply with its obligations to ACL or any matter under the control of the Customer

(e) without limitation, loss of, incorrect or spoiled data or information or the consequences of any of the foregoing.

Whilst ACL will make all efforts to maintain the integrity and completeness of the Database, it makes no warranty as to the accuracy or completeness of the Database. The information held in the Database is taken from sources that ACL deems reliable but no guarantee is made that the information is complete or accurate and it should not be relied upon as such.

5.  Confidentiality  The Customer agrees to keep confidential all data held in the Database and shall not divulge this information to any third party without the written consent of ACL.

For the avoidance of doubt, the Customer agrees that ACL may use the name of the Customer as a reference in connection with the business of ACL.

6.  Privacy Policy  ACL is dedicated to protecting your privacy as a customer using our website and the confidentiality of any information you supply to us. Our use of user’s personal data will always be in compliance with UK data protection legislation.

We gather personal data from users for a number of reasons. These include carrying out the services described above and monitoring and improving our service generally.

All personal information held by ACL pertaining to users, such as name, address, e-mail address, etc will be kept confidential and not supplied to any third party unless required by law.

We may use cookies to store information which will enable us to identify whether users are registered on the website and, if so, to shortcut their access to the website. We will read only cookies from users cookie file through your web browser's interaction with the website.

Our website may link to other websites and we are not responsible for their data policies, procedures or content.

We endeavour to take all reasonable steps to protect user’s personal data. However, you accept that due to the nature of the Internet, this security cannot be guaranteed and you will not hold us responsible for any breach of security unless we have been negligent or are in willful default.

7.  Fees and Payments  ACL will require the Customer to pay a licence fee for a subscription to access the Database. Such fees shall be at a rate agreed between ACL and the Customer and may be varied from time to time.

The subscription will relate to a specific time period, usually annual. It will also cover a specific individual or individuals, as the case may be. Furthermore the licence will cover users in a specific location, or locations, as agreed between ACL and the Customer.

All fees payable by the Customer are exclusive VAT which shall be paid by the Customer at the rate and as prescribed by law.

ACL shall be entitled to interest on amounts outstanding after due date of payment at a rate of 2% per annum above the Bank of England Base Rate, accrued daily and compounded quarterly.

8.  Termination  ACL shall be entitled by notice to the Customer to terminate the provision of the services forthwith if the Customer fails to pay any sum due to ACL and such sum remains unpaid for 14 days after ACL has given notice to the Customer that such sum remains unpaid.

Either party shall be entitled by notice to the other to terminate provision of the services forthwith if the other:

(a) commits a serious breach of any term of these Terms and Conditions and within 14 days after having been given notice by the other party of the breach fails to remedy the breach or tender to the other party reasonable compensation for the breach

(b) being a company presents a petition or has a petition presented for its winding up or convenes a meeting to pass a resolution for the voluntary winding up or has an administrative receiver appointed of all or part of its assets or undertaking or has a petition presented for an administration order to be made in relation to it or calls a meeting of, or enters into any composition or arrangement with its creditors or ceases to carry on business.

Upon termination, the Customer shall cease to access the Database and pay immediately any sums still due to ACL.
9.  Cancellation  The Customer may notify ACL, upon written notice that it wishes to cancel access to the Database. Cancellation takes effect on the day on which ACL receives such written notice.

If a Customer cancels its access to the Database, then the Customer must cease to access the Database and all outstanding sums due to ACL must be paid immediately.

10.  Use of Information  The data held in the Database is made available to Customers for their own use.

Users may not systematically download content from the Database (by spidering or otherwise) and may not frame, harvest or scrape any of the content of the Database. Any such attempt will result in immediate termination of access to the Database.

The information, including all data, analyses, reports and charts may not be reproduced without the written consent of ACL. Furthermore, where such consent is given, www.SRPAdviser.com must be acknowledged as the source of the information.

Information held in the Database may not be made available to third parties either free of charge or for a fee, either alone or as part of another service offered by the Customer, without the written permission of ACL.

11.  Security  ACL will make best its endeavours to ensure that the information held in the Database is secure by using technical security features.

In addition, access to the Database will be provided only to registered users who have been provided with a unique username and password. Usernames must be the personal corporate email addresses of each user.

Customers are obliged to ensure that their user’s username(s) and password(s) are not revealed to any third party. For the avoidance of doubt, this includes any other employee of the Company, any affiliate company or any other related company within the same Group of companies. Sharing of username(s) and/or password(s) will result in the immediate termination of access to the database for all users.

Customers are obliged to notify ACL immediately in the event that an employee with access to the Database ceases to be employed by the company.

12.  Force Majeure  Except in the case of payment and indemnity obligations, neither party shall be under any liability whatsoever for the non-performance of its obligations caused or resulting from any circumstances beyond its reasonable control (including without limitation in the case of ACL, telecommunications failure or computer or network breakdown) and if any such circumstances prevent due performance of that party's obligations then performance of such obligations shall be suspended for the duration of the circumstances.

13.  Assignment  Neither ACL nor the Customer may sub-license, assign, transfer or in any way dispose of its obligations under this document or any contract, without prior written consent of the other party.

14.  Entire Agreement  These Terms and Conditions shall constitute the entire agreement and understanding between the parties.

15.  Notices   Any notice to be given in relation to this document shall be sent in writing and may be sent by first class post to ACL at the address provided on the website. A notice so sent shall be deemed to be served 48 hours following the time of posting.

16.  Law  These terms and conditions shall be governed by and construed according to the laws of England.

© Copyright Arete Consulting Limited 2010 Terms and Conditions Database Last Updated : 30 Jul 2010