These Terms and Conditions (“Terms”) apply to the use of the website (the “Site”) and related services (“Services”) owned or operated by BHBG.
Use of the BHBG Site and Services is conditional on your acceptance of these Terms and constitutes your agreement to abide by the Terms, as well as any additional terms and conditions that are posted on specific areas of the Site.
Please read these Terms carefully. They may be amended in accordance with Clause 14 and it is your responsibility to bring them to the attention of anyone who may, through you, view material on the Site. If you have any questions regarding the Terms, please contact us by filling in the form on the ‘Contact Us’ page.
“Registered user”. A user who has registered their details with the website and has access to site services only available to users with an account or an individual who is part of a corporation or group, which has subscribed for access and to whom access is available through that corporate or group IP range.
“Subscriber”. A user which or who has registered an account and purchased subscription services from the website.
“Visitor”. A user who has accessed the site without registration or subscription.
“Authorised user”. A user who is authorised to use the website and related services under the terms of their registration or subscription agreement.
“You/your”. A visitor, registered user and/or subscriber accessing the Site or using a Service.
“We/Us/Our” means Banker’s Hill Business Group (BHBG) and/or its designated agents.
“Group Company” shall mean Banker’s Hill Business Group (BHBG) or any of its subsidiaries or affiliates
“Services” means access to online briefings, subscriptions and purchase facilities for our products and any other services provided by us solely to registered users and/or subscribers, as described when you register and/or subscribe in accordance with Clauses 5 to 7 below.
“Site” is the website of BHBG – http://bankershillbusinessgroup.com
3) CONDITIONS OF USE AND INTELLECTUAL PROPERTY
3.1) All Intellectual Property Rights in and to the content and design of the Site, all materials hosted on the Site and/or distributed in conjunction with the Site are reserved exclusively to BHBG (which for these purposes includes their suppliers). You are not allowed to use, reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing on the Site or in the Licensed Products. The software which operates the Site is proprietary software and you may only use it as expressly allowed under these Terms.
3.2) All rights to the material on the Site or provided as part of a Service (including without limitation any news sent by email as part of a subscription service) (together the “Content”) belong to us or any third party content providers and are protected by the copyright, trademarks, and/or other intellectual property laws of the UK, US and other countries. You agree to abide by all applicable copyright, intellectual property and other laws, as well as the terms of any additional copyright notices or restrictions contained on the Sites or in these Terms. We may license third parties to use the Content at our sole discretion.
3.3) You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity (the “Permitted Purpose”). You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with our business subject to 3.4 below, with the exception of content made available for re-use through BHBG’s RSS feeds.
3.4) You may retrieve and display Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network), for the Permitted Purpose only. You may not reproduce, modify or exploit any of the Content for commercial purposes. You may use the in-built sharing tools to send an article from the Site to other individuals provided neither you nor such other individuals then use the Content for commercial purposes. You may on an occasional and irregular basis provide insubstantial portions of the Licensed in memoranda, reports and presentations. Where the Permitted Purpose is educational, you may on an occasional and irregular basis provide insubstantial portions of the Content to other staff and students or in scholarly works and articles. In all cases these insubstantial portions may only be made available in print or by secure electronic means to a limited number of individuals, and each such portion must include a copyright notice from BHBG and an original source attribution, in each case, as such notice and attribution is reasonably acceptable to BHBG.
3.5) Subject to 3.3, you may not allow any other person to use or share Authorized Users’ user names or passwords, or have access to the Site. Any breach of this restriction may result in immediate termination of Your (and all Authorized Users’) access to the Content and/or the Site or liability for damages. Except as permitted in 3.3 above or by prior written consent of BHBG, no portion of the Content may be reproduced or stored in or transmitted to any other website, newsgroup, mailing list, or electronic bulletin board, or stored in electronic or print form whatsoever. Any use of the Content not specifically permitted by clause 3 is expressly prohibited. Requests for permission for other uses shall be subject to BHBG’s sole discretion and, if granted, may be subject to an additional fee.
3.6) The trademarks “Banker’s Hill Business Group” and “BHBG” are the property of BHBG, other trademarks/logos appearing on the Site are the property of their respective owners, and none of these marks may be used without the express prior written permission of the respective owners.
3.7) If it is brought to our attention that you have sold, published, distributed, retransmitted or otherwise provided access to any article(s) from the Content to anyone without our express prior written permission, we will invoice you for copyright abuse damages of £1000 per article unless you can show that you have not breached any copyright, which will be payable immediately on receipt of the invoice. Any request for permission to republish, reprint or use for any other purpose any articles from the Site or our trademarks should be sent to the contact page.
4)REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
4.1) You represent and warrant that you have the capacity to agree to these Terms;
4.2) You undertake that:
4.2.1) You will not infringe the copyright or any other intellectual property or other rights in or relating to the Site or the Services or of any third party;
4.2.2) You will comply fully with the Terms;
4.2.3) You will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software which is proprietary to us or any of our third party licensors;
4.3) You are responsible for procuring the necessary equipment and the payment of telephone, broadband and other charges necessary to access the Site.
4.4) Without prejudice to the limitation of liability provisions in clause 12 below, you agree that use of the Site and Services is at your sole risk and acknowledge that the items published on the Site may include typographical errors or inaccuracies. Services and Items on the site will be updated periodically. BHBG and our Suppliers make no representations, and to the fullest extent allowed by law, disclaim all warranties, express or implied, including, but not limited to warranties of merchantability, title and fitness for a particular purpose regarding the suitability of the information; accuracy, completeness, timeliness or reliability of the content, services, products, text, links, graphics or other items contained on or in the site, or the results of using or accessing the Items or the Site. We do not warrant that the functionality of the site will be uninterrupted or error-free, that defects will be corrected, that the use of any of the items will not infringe the intellectual property rights of any third party or that the site, including the servers that make it available will be free of viruses or other harmful components. By using the Site and Services you agree to assume the entire cost of all necessary repair, maintenance or correction which may have arisen from your use of the Site.
4.5) Subject to and without limitation to 4.4 and 12.3,BHBG will exercise reasonable skill and care in our provision of the Services, but from time to time faults may occur, in which case reasonable effort will be used to repair them as soon as reasonably practicable.
4.6) We will endeavour to ensure all Items are priced correctly. If a pricing error is discovered, we reserve the right to give you the option of either cancelling your order or reconfirming at the correct price.
4.7) Products sent overseas may be subject to import duties and taxes collected at their final destination. All sales or use taxes, import duties or additional customs charges are not our responsibility and must be borne entirely by you. We have no control over these charges and we expressly disclaim any responsibility or liability for them.
5) REGISTERED USERS
5.1) To become a Registered User, you must provide us with accurate and complete registration information and it is your responsibility to tell us of any changes to that information by clicking the ‘Your Profile’ link at the top of the site. If you do not provide accurate and complete registration information, we may not be able to provide you with the access to products or services you have requested.
5.2) Your username will be your email address and you may define your own password. You may purchase various types of access:
5.2.1) “Single User” Licence. This licence is intended for the use of a specific individual. We do not permit any of the following:
184.108.40.206) Any other person sharing your user name and password;
220.127.116.11) Access through your single name and password being made available to multiple users on a network.
5.2.2) “Multi Name User” Licence – This licence allows a specified list of Named Users access to the Site. Each will have their own username and password.
5.2.3) “Site” License. This Licence allows any member of staff within any wholly owned portion of a single company in any site in any location access to the Site provided they access from a single Internet Protocol address (I.P.) or I.P. range.
5.3) Notwithstanding the restrictions in Clause 5.2 above, you are responsible for all use of any Site or Service made by you or anyone else using your user name and password and for preventing unauthorised use of your user name and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your user name and password or any payment information, you must notify us immediately by visiting the contact page.
5.4) We reserve the right to access and monitor password-protected information including any information concerning your activities in relation to a Service or a Site or any Content in order to fulfil our obligations in these Terms and protect or comply with our legal rights and obligations.
6) CONTENT BY EMAIL/PHONE
7) PAYMENT FOR CONTENT
7.1) All major Credit/Debit Cards, PayPal or BACS Transfer are acceptable methods of payment. All payments (including relevant taxes-see also 11.4) must be made in the currency specified. If we do not receive payment authorisation for your credit card payment, we may immediately suspend your use of the Site. You are responsible for the payment of all charges associated with the use of the Site using your user name and password.
7.2) If we terminate the use of any Site and/or Services of a Subscriber under 15 below, you will only be entitled to receive a refund of an amount (pro-rated against the annual fee that has been paid specifically for annual access) that remains unused at the time of termination (unless your use is terminated because you are in breach of these Terms). You will still be responsible for any fees or other charges incurred by you until the termination of your rights to use the Site and/or Services.
7.3) The parts of the Site showing products and services for purchase are intended as advertisements only and we are obliged to sell only if we accept your offer to buy those products. All advertised prices are subject to change without notice. See 11 and 14 below.
7.4) A minimum of 24 hours notice of cancellation of purchase is required. Notification for instance, in person, via email, mobile phone text message and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.
8.1) You may create a link from your website to the home page of the Site provided you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
8.2) Upon linking to the Site under these Terms and without prejudice to 3.4, we shall grant you a non-exclusive, non-transferable, royalty-free licence to use our trademarks solely for the purposes of providing an underlined, textual link from your website to the Site.
8.3) The bringing up of or presenting of our Content within another website (“Framing”) is not permitted without our express prior written permission, which may be obtained by contacting us and providing us with: (a) the name of your company; (b) your name, email address and telephone number; (c) the web address(es) where the proposed Deep Linking or Framing will occur; (d) specific details about the contemplated Deep Linking or Framing.
9) LINKS TO EXTERNAL SITES AND THIRD PARTY TRANSACTIONS
9.1) The Site or Services it provides may contain:
9.1.1) Links to other websites provided by third parties (“External Sites”). We shall endeavour to highlight such links, although some External Sites may be co-branded with ours.
9.1.2) Advertisements for, and/or the opportunity for you to purchase products or services from third parties or other group companies, and/or links to External Sites advertising and/or to provide the opportunity for you to purchase such products or services (“Third Party Services”). Any discussions or contracts relating to Third Party Services will be exclusively between you and the relevant third party.
9.2) External Sites and Third Party Services are not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of External Sites or Third Party Services. We do not make any warranty, express or implied, with respect to the use of the links provided on, or to, a Site or Service; guarantee the accuracy, completeness, usefulness or adequacy; or make any endorsement, express or implied, of any External Sites or Third Party Services.
9.3) Any dealings with payments to or conditions, warranties or representations, by third parties, are solely between you and such third parties. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings, purchases or representations as the result of the presence of such third parties on any Site.
10) SOFTWARE SECURITY
10.1) Copyright and any other intellectual property in any Software made available for download from the Site belongs to us or our suppliers. Use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. Do not install or use any Software unless you agree to such licence agreement.
11) CHANGES TO CONTENT
11.1) We reserve the right to modify, delete or change any aspect of the Content, the Site and or any of the technical specifications or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of a Site.
12) LIMITATIONS OF LIABILITY
12.1) Nothing in these Terms excludes or limits our liability for fraud, or intentional unlawful conduct by us, or death or personal injury resulting from our negligence and the paragraphs below are subject to this provision.
12.2) The Content is made available for general information and use and is not intended for trading purposes. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider. Reliance upon any such opinion, advice, statement, or other information shall be at your own risk. Neither does the Content constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions.
12.3) We, our officers, employees, affiliates, subsidiaries, successors and assigns, suppliers and third party agents will not be liable to you directly or indirectly for: (a) any inaccuracies or errors in or omissions from a Site or a Service including, but not limited to, quotes and financial data; (b) any delays, errors or interruptions in the transmission or delivery of the Site or a Service; (c) any incidental, punitive, special or consequential damage, loss or expenses including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you; (d) any damage, loss or expenses suffered by you as a result of any viruses, worms, “Trojan horses” or similar programs, denial or service attack, spamming or hacking or consequential damages or any claim against us by any other party; (e) any fault, inaccuracy, omission, delay or any other failure in a Site or a Service caused by your computer equipment or arising from your use of the Service on such equipment; or (f) any loss or damage arising by any reason of non-performance.
12.4) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in 11 shall be limited in accordance with such restrictions; however, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
12.5) We are not responsible for the telephone lines and equipment you use to access a Site or a Service. You understand that we or any third party contributors to a Site or a Service may choose at any time to inhibit or prohibit the Content from being accessed under the Terms.
12.6) If you are ordering goods for delivery outside the European Union, you may be subject to import duties and taxes levied when the package reaches your country. Any additional charges for customs clearance will be paid by you. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, you will be considered as the importer of record and as such must comply with all laws and regulations of the country in which you receive the goods. Cross-border deliveries may be subject to opening and inspection by customs authorities. We may provide certain order, delivery and product information to our international carriers and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws. If the order is a gift, the package will be marked ‘Gift’ but the cost of the item will still be stated on the customs form.
12.7) If you incur any loss or damages arising out of your use of the Site or our Services, you agree that our liability to you shall be limited to the higher of the total amounts paid by you to us in the last month and the sum of GBP £200.
13.1) By using the Site you agree to indemnify and hold us harmless and to keep us fully and effectively indemnified against all costs, claims, damages, liabilities and expenses we might incur by reason of a breach by you of these Terms and in particular any of the warranties, representations and undertakings in 4 above. This indemnity shall also extend to any losses which we may suffer as a result of the use by third parties of your user name and password except where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault of your own.
14) CHANGES TO THESE TERMS
14.1) We may add to or change these Terms from time to time. All additions and/or changes will be notified to you on the Site and material changes will be emailed to Registered Users and Subscribers. It is your responsibility to refer regularly to these Terms. Any additions and/or changes will come into effect immediately on being posted on this Site and you will be deemed to have accepted them if you access a Site after that time. If you do not wish to accept them, you must terminate these Terms as described in 16 below.
15) COMPETITIONS AND PRIZES
15.1) From time to time we may run competitions, free prize draws and promotions on the Site. These will be subject to additional terms that will be made available at the time.
16.1) Except where a subscription expires, use of and access to the Site and Services is not subject to any time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause.
16.1.1) As a visitor, you may terminate these Terms by simply discontinuing your use of the Site.
16.1.2) As a Registered User or Subscriber, subject to any minimum subscription periods notified to you upon subscription, you may terminate these Terms in relation to any specific Service or Site by electronic notice to us using the contact information on the site.
16.1.3) In the event that you commit a breach of any provision of these Terms, we may terminate these Terms and your use of the Site and/or any Service at any time without notice by email to Registered Users and Subscribers or in relation to Visitors, by withdrawing access to the Site.
16.2) Sections 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 11, 12, 16.2, 16.3, 17, 18, 19, 20, 21, 22 and 24 of these Terms shall survive termination of the Terms and shall remain in full force and effect thereafter.
16.3) Termination of these Terms shall not affect our or your accrued rights and obligations that may have arisen on or before the date of termination, including, but not limited to, the payment of any sums outstanding under these Terms at the date of termination, which sums shall be payable on the due date under these Terms or within fifteen (15) days of such termination, whichever is sooner.
17) ENTIRE AGREEMENT
17.1) These Terms are the entire agreement between us and exclude any representations and warranties (written or oral) previously given or made other than any negligent or fraudulent misrepresentation.
18) CHOICE OF LAW
18.1) These Terms, to the maximum extent permissible under the law of the territory that you are located in, will be governed by English law and will be subject to the exclusive jurisdiction of the English courts. We reserve the right to bring claims in any other court of competent jurisdiction.
19) FORCE MAJEURE
19.1) We shall not be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform any service or our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties).
19.2) In the event we are hindered or prevented from performing any service or our obligations in these Terms, we shall take reasonable steps to give notice of suspension as soon as reasonably possible to subscribers and registered users stating the date and extent of the suspension and its cause. We shall resume the performance of those obligations that have been suspended as soon as reasonably possible after the removal of the cause. In the event that the cause continues for more than one (1) month we shall refund you for any subscription charges you have paid in advance for any suspended Service.
20.1) You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
20.2) We may assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any group company or any entity who acquires a substantial part of the assets of our business without your prior written consent.
21) SEVERANCE AND WAIVER
21.1) If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
21.2) Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
22.1) Any notice which is required to be given pursuant to these Terms shall be made by email or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site.
23.1) Headings in these Terms are for convenience only and will have no legal meaning or effect.
24.1) Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement (and where relevant, to bind its Authorized Users), and that the person entering this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement.
25) NO JOINT VENTURE.
25.1) No joint venture, partnership, employment, or agency relationship exists between you and BHBG as a result of this Agreement or your use of the Products or the Site.