Terms And Conditions
After reading this agreement, should you choose to accept it and
proceed, you must enter your details in the form on the next page.
The cityequities.com Service is provided on the following
conditions and you must read them carefully. If you do not agree to
these terms please do not click "I ACCEPT" at the bottom of this
page and you will be re-routed to the homepage. Acceptance of the
terms and conditions means that you have read and understood ALL
the following text. Please note that clicking on the "I ACCEPT"
button is deemed to be the same as if you signed a physical hard
copy of the document.
Before registering with CEL you are advised to study the Key Facts of high risk 'penny
shares' and to read the risk warning at the bottom of this
page.
GENERAL TERMS AND CONDITIONS
- By accepting these terms you certify that you are at least eighteen (18) years old, are either a UK, Republic of Ireland (EIRE), German, Dutch, Austrian, Belgian, Cypriot, French, Greek, Italian, Maltese, Portugese or Spanish resident and have read and accepted the Risk Warning (clause 11).
- This contract is personal to you and the cityequities.com Service may only be used on your own behalf, is for information purposes only and is for use in a non-professional capacity. Companies may not use the cityequities.com Service.
- You may not use the cityequities.com Service if you use it for the purpose of engaging in investment business, insurance business or business carried out by a Friendly Society, bank or other exempt institution as defined in and governed by the Financial Services and Markets Act 2000.
- cityequities.com reserves the right to revise these terms and at any time and without prior notice. You agree to be bound by the then current terms when using the cityequities.com Service.
1. DEFINITIONS
- "Contract" shall mean the agreement between you and cityequities.com governing the provision of the Service and shall include these terms and conditions (including the preface).
- "Information" shall mean all financial, economic and other information available from the Service, including the Third Party Information.
- "cityequities.com" shall mean the Internet website of City Equities Limited, whose Head Office is at Aldermary House, 10-15 Queen Street, London, EC4N 1TY. City Equities Limited is Authorised and regulated by the Financial Services.
- "Service" shall mean the provision of information to Members of cityequities.com, to which you are subscribing or have access, and which may be amended by cityequities.com from time to time. The Service does not include the Penny Share Review or Indices, which are available to Members and Non-Members alike on the open access areas of cityequities.com.
- "Third Party Information" shall mean the financial, economic and other information provided to cityequities.com by the Third Party Sources from time to time for the purposes of enabling cityequities.com to display the same on the Website.
- "Third Party Source(s)" shall mean the third party providers of the Third Party Information to cityequities.com from time to time.
- "Website" shall mean the cityequities.com Internet Website with the URL http://www.cityequities.com.
- "you" shall mean the users of the Website from time to time.
2. THE SERVICE
- 2.1 The provision of the Service shall commence from the time of submission of your registration (duly and properly completed) on the Website.
- 2.2 cityequities.com reserves the right to revise or amend the Service at any time or to restrict your access to any Information in the Service for whatever reason.
- 2.3 In-house company research provided as part of the Service, including Company Reports and the Equity Market Update, has been compiled from documented sources which are believed to be reliable but, due to their very nature, are subject to a degree of historical inaccuracy, have not been independently verified and cannot be guaranteed. The prices quoted for companies appearing within such documents were correct at the time of their preparation.
3. YOUR USE OF SERVICE AND INFORMATION
- 3.1 You may only use the Service if you are an individual and are either a resident of the United Kingdom, Republic of Ireland (EIRE), Germany, the Netherlands, Austria, Belgium, France, Cyprus, Greece, Italy, Malta, Portugal or Spain and cityequities.com reserves the right to suspend the Service, or any part of it, upon becoming aware that you are not resident in any of the above countries. Cityequities.com gives no warranty or undertakings that the Service in any territory other than the UK complies with applicable laws or regulations or any requirements for consents or licences relating to the provision of the Service. Although parts of the Service may provide information about certain investments, the inclusion of such material does not constitute a recommendation to buy, sell, or otherwise trade all or any of the securities discussed therein.
- 3.2 You are responsible for maintaining the confidentiality of your username and password. You may not make the Service available to any other person by, amongst other things, making your username and password available to third parties. If you do so cityequities.com may immediately terminate this Contract.
- 3.3 The Service shall only be used in accordance with these conditions for your personal purposes. You may copy or download insubstantial parts of the Information and store it on hard disk, for your personal use only. You may save an insubstantial amount of the Information to a temporary cache strictly for your personal repeat access, but may not transmit any of the Information in that cache to any other person.
- 3.4 You shall not supply the Service or retransmit any part of the Information to any third party and not distribute the Service outside your premises by any means whatsoever or allow any third party to have access to the Information. You shall not use or permit the use of the Service or the Information for any illegal purpose or so as to bring cityequities.com or its business or that of City Equities Limited into disrepute.
- 3.5 The Service is only for your general information and use. All Information can change very rapidly and the Information cannot therefore be guaranteed as a basis for buying or selling shares or for dealing in any market. Where you wish to guard against the possibility of error in the Information it is necessary for the Information to be independently verified. The price of equities and income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Appropriate independent advice should be obtained before making any decision regarding investments.
- 3.6 When registering as a user of the Website for the provision of the Services you agree to provide true, accurate, current and complete information ("User Information") and to notify cityequities.com of any changes to the User Information, and generally to maintain this information as required to keep it current, complete and accurate. cityequities.com reserves the right to terminate this Contract and, consequently, your right to access the Service if any User Information is untrue, inaccurate, out of date or incomplete.
- 3.7 You agree not to use the Website or the Services to distribute by any means any computer viruses or worms to third parties or to transmit or post any material which is unlawful, untrue, abusive, threatening, fraudulent, libellous, defamatory, offensive, or of an obscene or menacing character, or which constitutes a violation or infringement of the intellectual property rights or confidentiality obligations of any third party.
- 3.8 You agree not to use the Website or the Services such that the whole or part of the Website or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or the Services is in any way impaired, or to attempt any unauthorised access to any part or component of the Website or the Services or that of any third party to which you can connect via the Website (or other directly or otherwise connected network).
- 3.9 You must not use all or any part of the Information to create an index if that index will be used as a tradeable instrument in the nature of a security.
- 3.10 In order to be able to access the Third Party Information, you will be required to comply with all and any terms and conditions proposed or imposed by the Third Party Sources in respect of their respective Third Party Information from time to time.
- 3.11 Without prejudice to the generality of clause 3.10 above, as and when required to do so by a particular Third Party Source, you agree to enter into a direct agreement with such Third Party Source upon terms to be agreed between you and the Third Party Source at the relevant time, in order to be able to access and utilise the Third Party Information supplied by this Third Party Source to cityequities.com and proposed to be made available by cityequities.com as part of the Services.
4. CHARGES
- 4.1 The Service is provided free of charge, subject to satisfactory completion of the registration process.
5. TERM AND TERMINATION
- 5.1 cityequities.com reserves the right to suspend the Service immediately during the investigation of a suspected breach of these conditions by you, and if breach is shown to have occurred, to terminate the Service immediately without further obligation to you.
- 5.2 cityequities.com also reserves the right to temporarily or indefinitely suspend the Service, or to terminate the Service summarily (including your username and password) if it believes that you have engaged in fraudulent, criminal or dishonest activity in connection with the Website or the Services.
- 5.3 You acknowledge that cityequities.com does not have to give you prior notice of, and will not be liable to you or any third party for, any such suspension or termination.
- 5.4 Should you object to these terms and conditions or any subsequent modifications thereto, or become dissatisfied with the Website or the Services in any way, your only recourse is to immediately discontinue use of the Website and/or the Services and to terminate your ability to access the Services.
6. QUALITY OF SERVICE
- 6.1 cityequities.com will take all reasonable care to ensure the accuracy of the information and the reliability of the Service and to ensure that when taken as a whole the Service will be fit for its purpose. cityequities.com undertakes to remedy any breach of its obligations in this condition except to the extent that any defects in the Service or Information including, but not limited to, interruptions, faults or inaccuracies, are due to causes which are attributable to third parties. Subject to the foregoing, all representations, warranties, terms and conditions, whether express or implied (by common law, statute, collaterally or otherwise) in relation to the Information or the Service are hereby excluded.
- 6.2 cityequities.com makes no warranty that the Website or the Services will meet your requirements or that the Website will be uninterrupted, timely, secure or error-free. Further, no warranty is given by cityequities.com as to the results that may be obtained or the accuracy or reliability of any information obtained through the Website or the Services or that any defects will be corrected. [In particular, but without limitation, no reliance should be placed upon any economic or financial analysis or advice that forms part of the Information, and you should therefore obtain independent professional advice before relying upon or acting upon such matters].
- 6.3 No advice or information obtained by you from the Website or through the Services shall create or be deemed to create any warranty not expressly made herein.
- 6.4 You expressly agree that the use by you of the Website and the Services is at your sole risk and you understand and agree that any material and/or data downloaded or otherwise obtained through the use by you of the Website and/or the Services is obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or any loss of data that results from you downloading such material and/or data.
- 6.5 As third parties are responsible for the transmission of the Information to you, no representation, warranty, condition or other term express or implied is made by cityequities.com as to the quality of transmission or other reception. In particular the Internet is not a totally reliable medium of communication and is subject to software and hardware failures outside of cityequities.com's control.
7. LIABILITY
- 7.1 Nothing in this Contract shall take effect so as to limit or restrict the liability of either party for death or personal injury caused by its negligence or that of its employees, agents or subcontractors.
- 7.2 You acknowledge that cityequities.com does not examine the use to which you or other users put the Services and, accordingly, cityequities.com excludes all liability of any kind for the reception and use of such Information by you.
- 7.3 You further agree that, except for any direct loss caused by the negligence, wilful default and/or wilful misconduct of cityequities.com, cityequities.com shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from, or in any way connected with, this Contract or your use of, or your inability to use, the Services and/or the Information, including, without limitation, any indirect, incidental, special, consequential or unforeseeable damages, damage for loss of business, loss of profits, business interruption, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where cityequities.com has been advised of the possibility of such loss or damage).
- 7.4 cityequities.com shall not in any circumstances be liable in contract, tort (including negligence and breach of statutory duty) or otherwise for the acts or omissions of broadcasting authorities or providers of telecommunications networks or Third Party Sources or for any interruptions, faults, errors or failures in any broadcasting service or telecommunications network.
- 7.5 You hereby acknowledge and agree that each Third Party Source likewise disclaims all liability for the accuracy, timeliness or completeness of any of the Third Party Information and to the maximum extent allowed under applicable law shall not be liable to you or to any other person for any delays, inaccuracies, errors or omissions in the Third Party Information or in its transmission (including any direct or indirect loss or for any damages arising from or occasioned by the Third Party Information or its use or for any incidental, special, unforeseeable or consequential loss or damage (together "losses")), [save for direct loss caused by the negligence, wilful misconduct and/or default of the relevant Third Party Source.] You acknowledge and agree that, except where you have entered into a written agreement directly with a Third Party Source, you have no contract with any Third Party Source in respect of the supply of any of the Third Party Information and that no Third Party Source owes you any duty of care with respect to the Third Party Information or accepts any responsibility for it. [Further, you acknowledge and accept that neither cityequities.com nor the Third Party Source shall be liable for the consequences of you being unable to receive or send an electronic message on the Website relating to a Trade or receiving or sending an erroneous or corrupted message relating to a Trade.]
- 7.6 cityequities.com provides hypertext links to sites on the Internet which are operated by other people or companies. Using an external hypertext link means that you may be leaving cityequities.com's site and cityequities.com therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of the linked sites.
8 INTELLECTUAL PROPERTY RIGHTS
- 8.1 Any copyright or other intellectual property rights of whatever nature which subsist or may subsist in the presentation and/or content of the Information and the Website and computer software comprised in the Service shall remain the property of cityequities.com or its licensors (including the Third Party Sources) absolutely. You may not use the logo or name of cityequities.com, City Equities Limited or of any of its licensors (including the Third Party Sources) without the prior consent of the relevant holder of the intellectual property rights therein.
- 8.2 Accordingly, you are only permitted to use the Information as expressly authorised by the Services and, save as specifically permitted herein, you may not reproduce, copy, distribute or create derivative works from the Information.
9. DATA PROTECTION
- 9.1 When you register for the Service you will be providing cityequities.com with certain personal information. Cityequities.com will make all reasonable efforts to maintain the confidentiality of such information and will comply with the relevant and current English Data Protection laws. However, you agree that we may disclose to the Financial Services Authority and to any other regulatory body to which we are subject and to any stock exchange on which your transactions may be executed, or to any person empowered to require such information by or under any legal enactment, any information they may request or require relating to you or the Services under this Contract.
- 9.2 Subject to the above, the information provided by you during the registration process will remain confidential. However, City Equities Ltd will endeavour to contact you to provide information relating to the services provided by it. By agreeing to this Contract you give your permission for a City Equities Ltd Representative to telephone you on the daytime/other telephone number provided in the registration form or contact you using the address provided in the registration form. You understand that by agreeing to this Contract you are placed under no obligation to transact business with City Equities Ltd.
- 9.3 We will automatically track certain information about you in the course of using the Website. This information includes the URL that you came from and the URL you go to next, the browser you are using and your IP address. This information is gathered for systems administration purposes and to report aggregate information to our advertisers. It also helps us to ensure that our Website reflects our users' needs and that the high quality of our services is maintained.
- 9.4 We will not disclose any information we keep about you to any third parties, except any suppliers we engage to provide services, which involve processing data on our behalf. Furthermore, we will not sell or rent any personally identifiable information about our users to any third party. Although we may provide aggregate statistics about our users, sales, traffic patterns and related site traffic to advertisers and prospective partners, we will not disclose to these entities any personally identifying information.
- 9.5 Exceptionally, we may need to disclose your personal details (i) if so required by law (ii) to enforce or apply the terms of any of our user agreements, (iii) if so required by the police or regulatory or government authority in investigating illegal activities, or (iv) protect the rights, property or safety of cityequities.com, our users, or others.
10. MISCELLANEOUS
- 10.1 [You agree to indemnify cityequities.com and its officers, directors, agents and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach by you of these terms and conditions, the infringement by you of the Services, the infringement by you of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of the Website or the Services.]
- 10.2 All notices to be sent from one party to another in connection with the Contract shall be delivered by hand, sent by first class letter to the correspondence address of the parties or transmitted electronically by e-mail. cityequities.com's email address for notices is info@cityequities.com. Notices will be deemed to have been delivered, if by hand on the date of delivery, if by letter on the second working day after posting and if by e-mail when the recipient receives the relevant message. cityequities.com also reserves the right to distribute notices regarding the Website or the Services by a message or notice broadcast through the Website, and such broadcasts shall constitute notice to you.
- 10.3 The parties agree that correspondence and documents transmitted electronically shall be construed as "writing" or "in writing" and have been "written" or "signed" for the purposes of this Agreement.
- 10.4 cityequities.com shall not be liable to you for failure to fulfil any obligation hereunder, or for any breach of these terms and conditions, if such failure or breach was due to circumstances beyond its reasonable control.
- 10.5 You shall not assign any rights or obligations hereunder without the prior written consent of cityequities.com. cityequities.com reserves the right to effect its obligations through another organisation but cityequities.com shall remain liable to you for fulfilment of all its obligations under this Contract.
- 10.6 Failure by either party to exercise any right or remedy under this Contract shall not signify acceptance of the event giving rise to such right or remedy nor shall it constitute a wavier of such right or remedy.
- 10.7 This Contract is the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, representations and proposals, whether written or oral.
- 10.8 This Contract shall be construed in accordance with and governed by English Law and shall be subject to the jurisdiction of the English Courts.
- 10.9 Except for cityequities.com or City Equities Limited, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties Act) 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act or equivalent legislation in other jurisdictions.
- 10.10 If any provision of these Terms and Conditions is held by a Court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
- 10.11 These Terms and Conditions shall be governed by English law and the parties hereto irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
- 10.12 The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.
11. RISK WARNING
There is an extra risk of losing money when shares are bought in some smaller companies including 'Penny Shares'. There is a big difference between the buying price and the selling price of these shares. If they have to be sold immediately, you may get back much less than you paid for them or you may have difficulty in selling them. Past performance is not a reliable indicator of future results. The price may change quickly and it may go down as well as up. You could lose every penny put into a particular share.
The information contained above has been compiled from documented
sources which are believed to be reliable but, due to their very
nature, are subject to a degree of historical inaccuracy and have
not been independently verified and cannot be guaranteed. The pages
on this website are provided for information only. City Equities
Limited will not accept responsibility for loss incurred by any
person or body acting, or refraining from acting, as a result of
information and/or opinions given anywhere on this website. Issued
by City Equities Limited, Aldermary House, 10-15 Queen Street, London, EC4N 1TY. Registered in England. Registered No. 2742847. Registered
Address: Amwell House, 19 Amwell Street, Hoddeson, Herts. EN11 8TS.
City Equities Limited is Authorised and regulated by the Financial
Services Authority.
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