Terms & Conditions
PLEASE READ THIS STATEMENT CAREFULLY
1. ACCEPTANCE OF TERMS AND CONDITIONS
The Lafferty website (www.lafferty.com) is provided to you by the Lafferty Limited ("we"; "our") (as further defined in paragraph 3) for your use subject to these Terms and Conditions. By using the Lafferty website, and in consideration of your permission to use the Lafferty website, you agree to be bound by these Terms and Conditions. Please note that the Lafferty website is divided into two sections that are: (1) accessible to all; and (2) accessible to paying subscribers only.
In the event that any of the Terms and Conditions, and notices contained herein, conflict with any additional or other terms and guidelines associated with a subscription or service contract to any component of the Lafferty website or associated goods or services then the additional or other terms shall take priority. Individual web pages and sections contained within the Lafferty website may have conduct or guideline specifications that govern the use of those areas including, without limitation, specific terms covering viewing and use of streaming video features, company presentations, chat-rooms, and conference presentation. It is your responsibility to read those terms. By using those areas you hereby agree to be bound by such additional terms.
Nothing in these Terms and Conditions will be construed to affect your statutory rights.
Lafferty Ltd reserves the right to change at any time these Terms and Conditions and any associated terms and conditions and services including but not limited to changing the charges associated with the use of the Lafferty website and associated goods and services.
We therefore recommend that you regularly review these Terms and Conditions and any associated terms and conditions on the Lafferty website. Your continued use of the whole or part of the Lafferty website, and its components, constitutes your agreement to be bound by all such terms and conditions.
3. INTELLECTUAL PROPERTY
The Lafferty website is made up of various Lafferty products, operated by Lafferty Ltd. All intellectual and pictorial content in the Lafferty website, and its component products, is the property of Lafferty Group Holdings Limited, Financial Industry Foundation Holdings Ltd and/or their subsidiary or associated companies (the "Lafferty Group"), One Lyric Square, London, W6 0NB, UK and their licensees.
Except where indicated otherwise, Lafferty Ltd owns all copyright and similar rights in the content of the Lafferty website and all associated products and services. All rights in the content of the Lafferty website are reserved to Lafferty Ltd.
All trademarks, logos and brands displayed on this website are either owned or used under licence by Lafferty Ltd and must not be reproduced without its consent.
You hereby acknowledge Lafferty Ltd's ownership of all intellectual property arising in the content of the Lafferty website and any associated products and services.
Provided that Lafferty Ltd is acknowledged as the source/author. The information provided as part of your subscription to the Lafferty website may be, repackaged for your own business use only.
Prohibition on Supply to Third Parties
Reproduction, repackaging or transmission for supply to third parties (i.e., anyone who falls outside the definition of subscription holder as set out in your subscription agreement with Lafferty Ltd) shall amount to unauthorised copying of content on the Lafferty website and is illegal. The following acts in relation to the contents of the Lafferty website, either in whole or part, for any purpose other than a subscriber's own business use, are prohibited without the prior written permission of Lafferty Ltd:
(i) reproduction in any form;
(ii) storage in a data retrieval system;
(iii) transmission in any form or by any means, electronic, mechanical or otherwise,.
Legal action may be taken against any company or individual ignoring this prohibition.
4. ACCURACY OF INFORMATION
The information contained in the Lafferty website is obtained from sources that we believe to be reliable, but Lafferty Ltd does not in any way warrant or guarantee the accuracy, completeness or usefulness of any information contained in the Lafferty website.
You agree that you have sole responsibility for checking the accuracy of data obtained from or via the Lafferty website and associated products and services. If you chose to rely on information or data from the Lafferty website you do so at your own risk.
While Lafferty Ltd endeavours to keep the content accurate and up to date, the content is provided on an "as is" and "as available" basis without warranty express or implied as to the content, quality, availability, fitness (including but not limited to technical compatibility) for a particular purpose. Nor will Lafferty Ltd be responsible for any inaccuracies or typographical errors arising in data or information handled or provided on the Lafferty website.
Lafferty Ltd reserves the right to include technological measures within the service to protect the content or, from time to time, to measure and audit usage of the whole or part of the Lafferty website. You may not remove or alter such measures. Lafferty Ltd may introduce these measures at its own discretion and without prior notice.
5. LIMITATION OF LIABILITY
We acknowledge you will be using the Lafferty website, for your own internal business purposes, in compiling reports and in decision making at senior management level or above. However, Lafferty Ltd shall not be liable for any losses arising from any use to which you put the Lafferty website or content. In particular:
(i) No data or statement in the whole or component parts of the Lafferty website is or should be construed to be a recommendation for the purchase, retention, or sale of any securities referred to herein and Lafferty Ltd accepts no liability for the consequences of any reliance placed on such data or statement. The value of investments and the income derived from them may fall as well as rise.
(ii) Lafferty Ltd and its respective suppliers make no representations about, and you acknowledge and hereby agree that Lafferty Ltd does not guarantee, the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics or any other content contained in or associated with the Lafferty website for any purpose.
(iii) To the fullest extent permitted by law, Lafferty Ltd or its suppliers shall not be liable for any loss or damage caused or alleged to have been caused by the information, data, ideas or any other content contained, suggested or referenced on the Lafferty website or by Lafferty Group employees either:
(a) directly; or
For the avoidance of doubt, Lafferty Ltd shall not be liable for any of the following types of loss: punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Lafferty website with the delay or inability to use the service or related services, the provision of, or failure to provide services, or for any information, software, products, services and related graphics obtained through the Lafferty website — or otherwise arising out of the use of the service, whether based on tort, negligence, strict liability or otherwise, even if Lafferty Ltd (or its suppliers) has been advised of the possibility of damages.
Nothing in these Terms and Conditions shall exclude Lafferty Ltd's liability for personal injury or death caused by its negligence.
6. EXCLUSION OF IMPLIED WARRANTIES
Any condition, warranty or other term concerning the supply of or failure to supply the Lafferty website, the content of the Lafferty website, or any associated product (including any software) or service which might but for this clause have effect between Lafferty Ltd and you or would otherwise be implied into or incorporated into these terms and conditions or any collateral contract (including without limitation the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded and Lafferty Ltd shall not be liable to you in tort, negligence or otherwise than pursuant to the express terms of these Terms and Conditions in respect of the subject matter of these Terms and Conditions or the supply or non-supply of the Lafferty website, the content of the Lafferty website, or any associated product (including any software) or service.
Lafferty Ltd reserves the right to remove some or all of the content from the Lafferty website, and to discontinue the Lafferty website at any time. In the event that some or all of the Lafferty website or its content becomes permanently unavailable or discontinued through a deliberate act by Lafferty Ltd, provided the same does not arise from any fault or breach by you, Lafferty Ltd shall refund on a pro-rata basis your pre-paid unused subscription (if any).
You agree that when using the Lafferty website or its associated products or services you will not:
- Use the Lafferty website in connection with surveys undertaken by competitors of Lafferty Ltd.
- Use any material or information or other content, including without limitation images or photographs or data, which are made available through the Lafferty website in any manner that infringes the copyright, trademark, patent or other proprietary rights held by Lafferty Ltd, save that you are permitted, subject to inclusion of an acknowledgment of Lafferty Ltd as source/author, to reproduce, repackage or transmit the content of the Lafferty website for your own internal business purposes.
- Falsify or delete or change any author contributions or attributions, legal or other notices.
- Violate any applicable laws or regulations.
- Infringe any third party's intellectual property or other proprietary rights.
- Violate any code of conduct or other guidelines that are set out in these Terms and Conditions, or in the subscription contract.
- Create or use a false identity.
- Unlawful or prohibited use
As a condition of your use of the Lafferty website, or its component parts, products or services, you will not use the Lafferty website for any unlawful purposes or for purposes expressly prohibited by these Terms and Conditions and notices. You may not use the Lafferty website or its component parts in any manner that could damage, disable, overburden, or impair any or all parts of the Lafferty website, or the networks connected to the website, or interfere with any party's use of the Lafferty website. You may not attempt to gain unauthorised use or access to the Lafferty website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Lafferty Ltd
8. MEMBER ACCOUNT, PASSWORD AND SECURITY
Subscriptions to the whole or part of the Lafferty website are governed by the terms and conditions contained in our subscription agreement sent to you subsequent to your request to access our service.
Any user ID and password provided by Lafferty Group are for your own personal use and should not be disclosed to anyone else without prior written agreement by an appropriate representative of Lafferty Ltd. Lafferty Ltd reserves the right to change your password if we believe that it is no longer secure.
You are entirely responsible for any and all activities that occur in your account.
As a subscriber, you agree to notify Lafferty Ltd immediately of any unauthorised use of your account or any other breach of security. Lafferty Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your consent or knowledge. Lafferty Ltd reserves the right to hold you liable for any losses incurred by Lafferty Ltd or another third party due to someone else using your account or password.
9. LINKS TO THIRD PARTY SITES
Lafferty Ltd is not responsible for content on the internet or world wide web pages outside the Lafferty website. The Lafferty website may contain links to third party web sites. These third party sites are not under the control of Lafferty Ltd and Lafferty Ltd is not responsible for the contents of any such site including, without limitation, any link contained therein.
Any dealings with third parties — including advertisers — included within the Lafferty website, or participation in any promotions, including the delivery and the payment of goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the other third party or advertiser. Lafferty Ltd shall not be liable or responsible for any part of any such dealings or promotions; and accepts no liability for any purchasing decisions made as a result of the inclusion of the third party details within the Lafferty website.
Lafferty Ltd makes no representations as to the quality, suitability, functionality or legality of any sites to which the Lafferty website links, and you hereby waive any claim you might have against Lafferty Ltd with respect to such sites.
10. SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEBSITE
Any software that you download from the Lafferty website is used at your own risk. To the fullest extent permissible by law, Lafferty Ltd excludes all express or implied warranties concerning such software. Please see our separate software licence for full terms and conditions of use of software available on the Lafferty website.
You agree to indemnify and hold each of Lafferty Ltd, and its affiliate companies and their officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Lafferty website, the violation of these Terms and Conditions by you (including, without limitation the warranties), or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.
12. TERMINATION/ACCESS RESTRICTION
Lafferty Ltd reserves the right, in its sole discretion, to terminate your access to any or all parts of the Lafferty website and any or all related products or services provided by Lafferty Ltd or any portion thereof at any time, without notice.
Lafferty Ltd may also terminate or suspend your access to the Lafferty website for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Lafferty Ltd.
13. INTERNATIONAL USE
Lafferty Ltd makes no representation that materials on the Lafferty website are appropriate or available for use in locations outside the United Kingdom. Accessing the Lafferty website from territories where its contents are illegal or unlawful or infringe proprietary rights of any kind is prohibited. If you chose to access this site from locations outside the United Kingdom, you do so on your own initiative and risk and you are solely responsible for compliance with local laws.
14. MATTERS BEYOND OUR REASONABLE CONTROL
Lafferty Ltd shall not be held liable for any breach of these Terms and Conditions caused by any circumstances out of its control, including acts of God, fire, lightening, flood or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving Lafferty Group employees) or acts of local or central government or other competent authorities.
- This agreement is personal to you and your organisation and may not be assigned to any other party.
- Lafferty Ltd reserves the right to add to or vary these Terms and Conditions at any time and we therefore suggest you check these Terms and Conditions from time to time.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the non-exclusive jurisdiction of the English Courts.
- In the event that any provisions of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will at the election of Lafferty Ltd, be deleted and the remainder of these Terms and Conditions will remain in full force and effect.
- Any failure by Lafferty Ltd to insist upon or enforce strict performance by you of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
- Lafferty Ltd may assign its rights and obligations under these Terms and Conditions and upon such assignment Lafferty Ltd may be relieved of any further obligation under these Terms and Conditions. You will provide or execute on request such further documents or assistance (at the reasonable cost of Lafferty Ltd — subject to prior approval) as may be reasonably necessary to give effect to this clause.
- A person who is not a party to this agreement shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- These Terms and Conditions, our subscription agreement, any product guidelines, software licences, and product or service licences, constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings between the parties to this agreement.