Terms & Conditions
financialalert Terms and Conditions of Use
| Wednesday, 10 March 2010
By clicking on the tick box beside the statement "I agree with the Terms & Conditions" in the registration form accessible through the Join Now page within the Prooduct as defined below, you acknowledge that you have read and understood this member agreement ("Agreement") and agree to be bound by it.
1.
Grant of license
Subject to
the terms and conditions of this Agreement, Brillient Limited
(the "Publisher") grants you a limited nonexclusive,
non-transferable, revocable license to access and use the
non-subscription fee areas of the web application currently
located at http://www.financialalert.co.nz ("the Site")
including without limitation, the computer programs, Internet
web pages, data, analyses, screens, manuals and other
information of any kind available on the Site (collectively,
"Product"), as well as all updates, enhancements and
modifications to the Product, and all intellectual property
contained therein. The Publisher reserves the right at all times
and without notice to (i) restrict or prevent you accessing the
Product or any part thereof; and/or (ii) modify or discontinue
providing the Product or any part thereof. You acknowledge that
the Publisher has no obligation to correct or update the
Product. You acknowledge that the Product is designed for New
Zealand residents. From time to time, the Publisher may add
additional subscription fee materials, information and tools to
the Product (collectively, "Additional Subscription Fee
Services") and give you the option to subscribe to the
Additional Subscription Fee Services. The Publisher reserves the
right to (i) charge you a subscription fee prior to allowing you
to access Additional Subscription Fee Services; and (ii) require
your agreement to additional terms and conditions of use for the
Additional Subscription Fee Services. If you decide not to
access the Additional Subscription Fee Services, your access to
and use of the Product will continue under this Agreement.
2. Member codes
You will be issued with a member name and password
(collectively, "Member Codes") to access the Product. You agree
that you will (i) keep any record of your Member Codes secure
and protected; (ii) keep your record of your member name and
password separate and apart from each other; (iii) not tell any
other person your Member Codes; and (iv) not allow any other
person to read, watch you enter, or view your Member Codes. The
Publisher may cancel your Member Codes at any time if the
Publisher believes your Member Codes have been used or will be
used in a way that will contravene this Agreement.
3. Restrictions
on use
If your primary business is the provision of securities
advice, you agree that you may only: (i) use the Product or any
part thereof in the preparation of specific and individual
investment advice for a client or prospective client; and (ii)
provide electronic or printed copies of the Product or any part
thereof to such a client or prospective client; provided that
whenever you use the Product or any part thereof as described in
(i) and (ii) of this clause, you agree to attribute the Product
in the following form: © 2008 Financialalert Limited.
http://www.financialalert.co.nz
. All rights reserved.
If your primary business is not the provision of securities
advice (including without limitation, persons who are involved
in the business of manufacturing securities of any type), you
agree that you may only use the Product for your personal,
non-commercial use and that unless specifically authorised by
the Publisher in accordance with this Agreement or separately in
writing, you may not directly or indirectly: (i) use, reproduce,
adapt, modify, merge, install, transfer, broadcast, store,
distribute (including without limitation link, imbed or
otherwise insert the Product or any part thereof within any
other product or service), print, or publish the Product or any
part thereof; (ii) alter, reverse-engineer, decompile,
translate, disassemble or separate the components of the Product
or any part thereof (including without limitation viewing or
otherwise obtaining HTML source code); or (iii) use or apply the
Product or any part thereof for commercial purposes (including
without limitation, sublicensing, renting, selling, leasing the
Product or any part thereof, or using the Product or any part
thereof for third-party training, commercial time-sharing or
service bureau use).
4. Term
The term of this license will commence on the date on which
you agree to be bound by the terms of this Agreement and will
continue until such time as the Publisher, at its sole
discretion, decides to terminate it.
5. Your content
The Publisher invites Members to provide various types of content for publication on the Site. You may have great comments to send us or still photographs or video footage of newsworthy and noteworthy people and events ("Your Content"). The Publisher can only accept Your Content though if you comply with the following terms and conditions:
5.1. If you send Your Content to the Publisher, you agree to be bound by these terms and conditions;
5.2. The Publisher will determine, at its sole discretion, whether to publish on or remove from the Site any of Your Content;
5.3. You acknowledge that the Publisher may use all intellectual property rights in Your Content throughout the world, in perpetuity, without restriction and without making payment to you, including publication of that material in hard copy publications or in electronic media, using Your Content in advertising and promotional material for the Site and permitting others to do any of these, including when the Site and others receive payment for this;
5.4. You waive all moral rights in Your Content and consent to anything which the Publisher (or any person permitted to do so by the Publisher) may do in relation to Your Content which would otherwise be in breach of your moral rights. This includes that the Publisher may use Your Content without attributing you as the source of Your Content;
5.5. The Publisher may edit Your Content in its sole discretion;
5.6. You warrant
that:
(a) you own Your Content and all rights in relation to Your
Content;
(b) you obtained Your Content in a manner which does not breach
any laws or the rights of any person;
(c) Your Content is accurate and reflects actual people and
events and you did not digitally alter images or footage in any
way to create your content or impersonate any person or entity
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
(d) Your Content, your provision of your content to the
Publisher and the use by the Publisher of Your Content, in each
case as contemplated in these terms and conditions, does not
breach any law (including laws relating to privacy, intellectual
property and defamation) or the rights of any person;
(e) Your Content, at the time you send it to the Publisher,
contains no virus or other code or material embedded in it which
will have a negative impact on the Publisher’s services or
infrastructure;
(f) Your Content is not being provided for a commercial purpose
(including that you are not soliciting funds or promoting
particular goods or services); and
(g) you did not forge any TCP/IP packet header or any part of
the header information in any email or SMS;
5.7. The Publisher will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your supply of Your Content to the Publisher, or the subsequent use of your content within goods or services supplied by the Publisher;
5.8. On providing
Your Content to the Publisher for publication in any media, you
indemnify the Publisher and its officers, employees and agents
against any damage or loss made against or suffered by any of
those indemnified arising, in whole or in part, as a result of:
(a) the publication by the Publisher or a person permitted by
the Publisher of Your Content; and/or,
(b) a breach by you of these terms and conditions; and,
5.9. If Your Content is published on the Site, you may be identified on the Site as the provider of Your Content, at the Publisher's sole discretion. We may contact you about your use of the Site or Your Content.
6. Ownership and
copyright
You acknowledge and agree that: (i) the Product, including
without limitation any modifications, enhancements and updates,
and any originals and copies thereof, in whole or in part, and
all intellectual property rights therein (collectively,
"Proprietary Information"), is owned by the Publisher and/or its
third party content providers ("Content Providers") as
applicable and is protected by New Zealand copyright and
intellectual property laws; (ii) the Proprietary Information
contains valuable copyright and proprietary material of the
Publisher and Content Providers; (iii) the Proprietary
Information is licensed, rather than sold, to you pursuant to
this Agreement; and (iv) you have no rights to the Proprietary
Information, other than the rights and licenses granted pursuant
to this Agreement. The Publisher may disclose additional
information to you in the form of upgrades, documentation or
other support during the term of this Agreement and you agree
that such information will also be deemed Proprietary
Information.
7. Trademarks,
brands and names
You acknowledge that all trademarks, brands and names
appearing in the Product are the property of their respective
owners and that nothing contained in the Product is intended to
grant any express or implied right to you to use or exploit any
patent, copyright, trademark or trade secret information.
8
. Disclaimer of
warranty
You acknowledge that the Product is provided to you on an
"as is" basis. Except where required by law, the Publisher makes
no representations nor gives any guarantee or warranty as to the
accuracy, timeliness, completeness, or quality of the Product,
materials and information provided by Content Providers ("Third
Party Posted Material"), or any other website which you may
access through the Product ("Third Party Site"). Any Third Party
Posted Material or Third Party Site is independent of the
Product, and provided to you as a convenience. You must take
your own precautions to ensure that any Third Party Posted
Material or Third Party Site that you access from the Product is
free from viruses, worms, Trojan horses and other material of a
destructive nature. Subject to any non-excludable provisions of
the Consumer Guarantees Act 1993, the Publisher expressly
disclaims any implied or express warranties or conditions of any
kind, including warranties of merchantable quality, fitness for
a particular purpose, or non-infringement of intellectual
property rights relating to the Product, any Third Party Posted
Material and/or Third Party Site.
9
. Limitation of
liability
The Publisher will not be liable in contract, tort
(including for negligence) or otherwise for any loss, damage,
cost, expense, claim or injury whatsoever including but without
limitation, special, indirect, consequential or incidental
damages, loss of profits or revenues, business interruption,
loss of programs or other data on your information systems, or
costs of replacement goods, or otherwise, even if the Publisher
is expressly advised of the possibility of such loss or damage,
which directly or indirectly results from (i) your use or
reliance, whether wholly or in part, on the Product or any part
thereof including without limitation any Third Party Posted
Material and/or Third Party Site; (ii) any delay, interruption,
or other failure of the Product or any part thereof including
without limitation any Third Party Posted Material and/or Third
Party Site; or (iii) any change in the Product or part thereof
including without limitation any Third Party Posted Material
and/or Third Party Site. You acknowledge that the content of the
Product should not under any circumstances be considered
investment advice, a securities recommendation, legal advice,
accounting advice or tax advice. It has been prepared for
general information only and without regard to any particular
person’s investment objectives, financial situation, attitudes
or needs. Before making any investment decision, an investor or
prospective investor needs to consider, with or without the
assistance of a securities adviser, whether an investment is
appropriate in light of the investor’s particular investment
objectives, financial circumstances, attitudes and needs.
10.
Indemnification
You agree to indemnify the Publisher in respect of any loss,
damage, cost, expense, claim or injury whatsoever which may
arise or result directly or indirectly from a breach by you of
your obligations under this Agreement or which are caused by
your negligence or wilful default, fraud, dishonesty or other
misconduct.
11.
Confidentiality
You agree that the Publisher will not be liable for any
unauthorised access by any means to personal information held
about you, which information will be collected, used and
disclosed in accordance with the Product’s
Privacy Policy >
.
12. Termination
The Publisher may, at its sole discretion, terminate this
Agreement at any time without notice. Upon expiration or
termination of this Agreement for any reason, all of your rights
in and to the Product will terminate. If the Publisher requests
that you stop using the Product or any part thereof, or promptly
return or destroy copies of the Product or any part thereof, you
must immediately comply with that request, and confirm in
writing to the Publisher within five (5) business days after
that request, that you have done so. Your rights and obligations
under clauses 6, 7, 8, 9, 10, 11, 12, 14, 16, and 17 will survive
termination of this Agreement.
13. Damages not
adequate
You acknowledge that (i) a breach by you of this Agreement
may cause the Publisher irreparable damage for which monetary
damages would not be adequate remedy; and (ii) the Publisher may
seek and obtain the remedies of injunction, specific performance
and other equitable relief for any threatened, suspected or
actual breach of the provisions of this Agreement.
14. Governing law
This Agreement is governed by the laws of New Zealand and
any dispute arising hereunder will be determined by the courts
of New Zealand.
15. Entire
agreement; variation
This Agreement constitutes the entire agreement between you
and the Publisher with respect to the Product; provided,
however, that the Publisher reserves the right to, at its sole
discretion, alter the terms and conditions of this Agreement at
any time. If the Publisher alters the Agreement, the Publisher
will post a notice and the revised Agreement on the Site. You
are responsible for regularly checking the Site for any such
changes. By using the Product after the effective date of any
change, you agree to be bound by the revised Agreement.
16. Assignment
Your rights and obligations under this Agreement cannot be
assigned, charged or otherwise dealt with, and you will not
attempt or purport to do so without the prior written consent of
the Publisher, which may be granted or withheld at the
Publisher’s sole discretion and which if granted may be granted
subject to such terms and conditions that the Publisher may
prescribe.
17. Severance
Any provision of this Agreement that is deemed by any person
with authority to do so (including without limitation, a court)
to be invalid or unenforceable in any jurisdiction will be
ineffective in that jurisdiction only to the extent of the
prohibition or unenforceability. That will not invalidate the
remaining provisions of this Agreement nor affect the validity
or enforceability of that provision in any other jurisdiction.
18. No waiver
The Publisher may exercise a right, power or remedy at its
discretion and separately or concurrently with another right,
power or remedy. Failure or delay by the Publisher in exercising
any right, power or remedy under this Agreement will not operate
as a waiver, nor will any single or partial exercise by the
Publisher of any right, power or remedy preclude any other or
further exercise by it of that or any other right, power or
remedy.
