The Investment Analyst Limited
Website Terms of Use
1. About The Investment Analyst Limited
www.theanalyst.co.uk (the “Website”) is a website operated by The Investment Analyst Limited (“The Analyst”), which is authorised and regulated by the Financial Services Authority (firm reference number 5334477). The information on the Website is issued by The Analyst both inside and outside the United Kingdom. The Analyst is registered in England and Wales (company registration number 07304059). The Analyst’s contact e-mail address is enquiries@theanalyst.co.uk.
2. Use of the Website
YOU SHOULD READ THESE TERMS of use (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE. The Terms set out the conditions subject to which you may make use of THE WEBSITE. the TERMS apply to every page on THE WEBSITE, INCLUDING SUBSCRIPTION-ONLY PAGES, whether or not such pages are individually disclaimed. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS, WHETHER OR NOT YOU SEPARATELY CHOOSE TO subscribe to the analyst’s services. IF YOU DO NOT ACCEPT THESE TERMS, please refrain from continuing to use or browse THE WEBSITE.
Please note that the Terms apply to any USER of this Website, whether or not the USER is a paid subscriber with SEPARATE access to subscription-only contents of the Website (“SUBSCRIBER”), and the expression, “you”, as it appears in these Terms, shall be construed accordingly. please also note that IF YOU ARE A SUBSCRIBER, THESE TERMS APPLY SUBJECT TO THE PROVISIONS OF THE TERMS OF BUSINESS FOR THE SUBSCRIPTION SERVICES AS SEPARATELY AGREED BETWEEN YOU AND THE ANALYST (“TERMS OF BUSINESS”).
3. Misuse of Website
You must NOT use the Website (or permit or procure others to use it) as follows (each being a “Misuse of Website”):
(A) for any purpose not expressly permitted by the Terms;
(B) for any unlawful, improper or illegal purpose or activity;
(C) to violate The Analyst’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
(D) to damage The Analyst’s name or reputation or that of its affiliated companies or any third parties;
(E) to access (or attempt to access) any password-protected, subscription-only section of the Website by any means other than by a Subscriber using the unique log-in and password that is provided to that Subscriber by The Analyst on payment of subscription fees;
(F) to penetrate the Website’s or other entities’ security measures or other systems ("hacking");
(G) to generate excessive amounts of internet traffic, to interfere with The Analyst’s network or others’ use of the Website or to engage in activities designed to or having the effect of degrading or denying any service to users of the Website or other visitors of the Website;
(H) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into the Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from the Website is free from such items.
When using the Website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be unlawful to download the information contained on the Website in certain countries and The Analyst and its affiliated companies disclaim all responsibility if you download any information from the Website in breach of any law or regulation of the country in which you reside.
4. Termination and suspension of access to the Website
Except in the case of Subscribers' access to password-protected sections of this Website, The Analyst reserves the right to deny you access to the Website, or immediately to suspend or terminate your access to the Website at any time if your use of the Website (in The Analyst’s sole discretion) amounts to a Misuse of Website.
If you are a Subscriber, you acknowledge and agree that The Analyst shall have the right to immediately suspend your access to the subscription-only pages of the Website if your use of the Website (in The Analyst’s sole discretion) amounts to a Misuse of Website, until any Misuse of Website is resolved to The Analyst’s satisfaction. The foregoing is without prejudice to any rights of The Analyst to terminate your access to the subscription-only pages of the Website, subject to the provisions of the Terms of Business.
5. Disclaimer of Liability
The Analyst and any other party (whether or not involved in creating, producing, maintaining or delivering the Website) exclude all liability and responsibility for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with the Website in any way or in connection with the access, inability to access or the results of access of the Website, any websites linked to the Website or the material on such websites.
In respect of the materials and information displayed on:
- the subscription-only pages of the Website for use by Subscribers, such materials and information have been prepared, approved and issued by The Analyst and have been compiled, or arrived at, in good faith and on the basis of publicly available information, internally developed data and sources believed to be reliable as at the date of publication. These materials and information are provided subject to the Terms of Business, and subject to any disclaimers or disclosure of information set out on such materials or referred to within such materials; and
- any public page of the Website, The Analyst, its affiliated companies and other third parties connected to The Analyst hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with the Website or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of the Website or any websites linked to it or materials posted on it,
but notwithstanding any other provision of these Terms, The Analyst does not exclude its liability for any loss or damage which cannot be excluded or limited under applicable law and does not exclude or restrict any duty or liability that it has to its customers under the regulatory system in the United Kingdom.
Transmission of any confidential and proprietary information by you across the internet, including through the Website, is entirely at your own risk. The internet is not a completely reliable transmission medium and neither The Analyst nor any of its affiliated companies accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from The Analyst nor any of its affiliated companies.
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Analyst has no control over the contents of those sites or resources and neither The Analyst nor any of its affiliated companies make any representation as to the accuracy or completeness of such sites or resources and have not and will not review or update them. Your use of such websites is at your own risk. Neither The Analyst nor any of its affiliated companies accepts any responsibility for sites and resources provided by third parties or for any loss or damage that may arise from your use of them.
6. Intellectual property rights
The Analyst is the owner or the licensee of all intellectual property rights in the Website, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You may use the materials on the Website and reproduce them in hard copy for your own reference only. Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without The Analyst’s prior written consent. Nothing on the Website should be construed as granting any licence or right in relation to any of The Analyst's trademarks or those of The Analyst's affiliated companies or any third party.
7. Law and variation
These Terms are governed by and shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of the Website and it is a condition of using the Website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although The Analyst retains the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country.
The Analyst may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made by The Analyst, as they are binding on you.
Additional Information Regarding Investment Research Issued by The Analyst
This page also provides additional information relating to all investment research issued by The Investment Analyst Limited ("The Analyst"), which is authorised and regulated by the Financial Services Authority ("FSA") of the United Kingdom.
All investment research issued by The Analyst (collectively and individually referred to as “Research”) is subject to, and must be read in conjunction with, this additional information, which supplements the Important Information and Disclaimer set out on the Research.
The remuneration of The Analyst’s investment analysts is not tied to investment banking transactions performed by The Analyst or by any company which is a member of The Analyst’s corporate group or which is otherwise affiliated to The Analyst (an “Affiliated Company”). The Analyst has not supplied investment banking services to any issuers who were the subject of any Research.
The Analyst may in its Research recommend investments as Strong Buy, Buy, No Recommendation, Sell, or Strong Sell. Being assigned a recommendation is determined by an investment’s return potential or the likelihood of the realisation of the return.
The Analyst is not aware of any relationships or circumstances relating to it, its Affiliated Companies, its investment analysts, or its other employees, which could reasonably be expected to impair the objectivity of its Research.
The Analyst and its Affiliated Companies make no representation or warranty in relation to the accuracy, completeness or reliability of the information contained in its Research. Research is not intended to be an exhaustive statement on the financial instruments, issuers, markets or developments referred to in its Research. Any opinions expressed in Research are subject to change without notice. The analysis contained in The Analyst’s Research is based on numerous assumptions. Different assumptions could result in materially different results.
Nothing in The Analyst’s Research constitutes a representation that any investment strategy or recommendation contained in the Research is suitable or appropriate to a recipient’s individual circumstances. The Analyst does not represent or undertake that recipients of The Analyst’s Research will obtain profits, nor will it share with such recipients any investment profits, nor accept any liability for any investment losses or tax consequences that they may suffer. Investments in any financial instruments involve risks, and recipients of Research should exercise prudence in making their investment decisions. The Analyst’s Research should not be regarded by recipients as a substitute for obtaining independent investment advice and/or the exercise of their own judgement, and is not to be relied upon by recipients. Neither The Analyst nor any of its Affiliated Companies, nor any of their, members, directors, employees or agents accepts any liability for any loss or damage arising out of the use of all or any part of The Analyst’s Research.
The investments discussed in Research may fluctuate in price or value. Investors may get back less than they invested. Past performance is not necessarily indicative of future results. Foreign currency rates of exchange may adversely affect the value, price or income of any security or related instrument mentioned in Research. The Analyst’s Research does not contain an exhaustive statement of the risks associated with the investments or types of investments referred to in the Research.
Any prices stated in The Analyst’s Research are for information purposes only and do not represent valuations for individual securities or other instruments. There is no representation that any transaction can or could have been effected at those prices. Different assumptions, by The Analyst or any other source, may yield substantially different results.
The Analyst, its Affiliated Companies, and their respective members, officers, directors, and employees may have long or short positions in, or may buy or sell any of the securities, derivative instruments or other investments mentioned or described in Research, either as agent or as principal for their own account.
© 2010 The Analyst. THE ANALYST and THE ANALYST logo are trademarks of The Analyst or connected persons.
