Disclaimers and limitations of liability
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. The below is subject to this:
We accept no liability to you or anyone else using the Site in respect of the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site, any content submitted or uploaded by users of the Site; or any content of any other website referred to or accessed by hypertext links or otherwise through this Site.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it. If you are a consumer and not a business user however and we have supplied defective digital content which damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation limited to no more than the limitation of liability specified below.
We do not warrant and cannot guarantee the continuous, uninterrupted or error-free operability of the Site and the functions, materials and information therein. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
Limitation of liability
If you are a consumer and not a business user, please note that we only provide our Site for private and domestic use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it and in no event shall we be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising under or out of your connection with the use or inability to use our Site ,or use or reliance on any content on our Site. In particular, we will not be liable for any loss of profit, revenue, sales, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
Subject to the above, our total liability to you (regardless of whether you are a business or a consumer user) in relation to the use of the Site whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, will be limited to £1,000.
What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
use our Site in any way that breaches these terms and conditions, any applicable local, national or international law or regulation.
send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms and conditions
store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; and
use the Site in any way that interferes with another user’s use and enjoyment of the Site or in any other manner that could damage, disable, overburden or impair the Site
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All copyright, trade marks, design rights, patents and other intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced. If you print off, copy or download any part of the Site in breach of these terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Without prejudice to the generality of section 3 above, you acknowledge and agree that any content of the Site regarding share prices or investment opportunities are intended for general informational use and guidance purposes only, do not amount to investment advice or an invitation to invest and should not be relied upon in making any investment decision. Such content may use information that relates to previous share prices or financial performance and the past is not necessarily a guide to future performance and should not be relied upon as such. If any content consists of any forward-looking statements, these are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause actual results and performance to be materially different from those predicted.
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