Terms and conditions

Terminology

“Service” The information, other content and services provided on the independent-investor.com web site including the Free Service and the Subscription Service.

“Independent Investor” Jonathan Davis & Associates, trading as Independent Investor.

“Content” All information, data, graphics and services found on independent-investor.com.

“Username” Your chosen name for your registered account on independent-investor.com.

“Password” Your chosen combination of letters and numbers that you use to access independent-investor.com.

“Registration” The process of obtaining a Username and Password for use on the Service.

“Member” Anyone who has successfully registered on the site who has a valid Username and Password.

“Profile” Information provided by members about themselves.

“Discussion Groups” A facility within the service which allows members to publish their views.

“Post” Any content members contribute to discussion groups on the Service.

“Service” The part of the Service which is not the Subscription Service.

“Subscription Service” The part of the Service (as determined by Independent Investor from time to time) which can only be accessed by Members who have paid the Subscription Charges.

“Subscription Charges” The charges to be paid by the Member for use of the Subscription Service as determined by Independent Investor from time to time.

“Spam” Any message promoting an unsolicited service or product.

“Hyperlink” A “clickable” link to other content on the world wide web.

General

You may only use the Service for lawful purposes.

The Independent Investor Privacy Policy forms a part of this Agreement and explains how information collected during registration may be used by the operator and copyright holder for independent-investor.com.

Registration

By registering for any of the services, you agree that all information provided by you is accurate and agree to be bound by these Terms of Service (including paying the Subscription Charges if applicable).

You agree to abide by the following terms (as applicable):

General

You agree to protect and keep secret your Password at all times and agree not to allow any third party directly or indirectly to use your membership, user name or password. You also agree NOT to attribute any materials, data or information which you have obtained from the Service to Independent Investor in any non Service bulletin boards, discussion groups or online communities. You acknowledge that a breach of Independent Investor’s Intellectual Property Rights may give rise to civil damages and criminal penalties.

Non-corporate users and individuals

You may only copy information from the Service for personal use and shall not re-distribute any information from Service except through facilities provided by independent-investor.co.uk such as, but not limited to, “email article”.

Corporate or commercial users

The right to use the Service is strictly personal to the Member named in the Registration. If the Member named in the Registration is an organisation, the organisation must nominate a single user who will be the only person who may use the Service.

You may not allow any other individual (even within your organisation) to directly or indirectly use the Service (including distributing via email, hard copy etc). In order for such any non-Members to use the Service, they must register separately for the Service and if applicable pay for the relevant Subscription Charges.

If you do not comply with this obligation, you acknowledge that Independent Investor is entitled to charge you an amount equivalent to the relevant Subscription Charges in respect of each non-Member to whom you have distributed any materials to or allowed to use the Service.

For the avoidance of doubt, nothing in this provision shall prejudice any other rights or remedies that Independent Investor has under this Agreement or otherwise or operate to grant you a licence or membership under these Terms of Service.

You may not distribute any information in the Service to any non-Member.

Subscription Charges

You agree to pay the Subscription Charges set out in the Registration if you are subscribing to the Subscription Service. Except as provided expressly otherwise, the Subscription Charges are exclusive of VAT which you shall pay in addition.

You also agree to pay such additional amounts as described above in the event that you are in breach of said paragraph.

Independent Investor’s Rights

Independent Investor reserves the right to:

  1. Modify, alter, change or withdraw any part of the Service, whether temporarily or permanently, with or without notice to you and you confirm that any such modification, alteration, changes or withdrawal by Independent Investor shall be without any liability to you
  2. EXCEPT THAT if there are any modification, alteration, changes or withdrawal of any part of the Subscription Service permanently, you will be given an opportunity to cancel your membership and receive a refund of the outstanding portion of the Subscription Charges;
  3. Change the Subscription Charges from time to time provided always that you will be given an opportunity to decide whether or not you wish to continue with membership of the Subscription Service If you decide to cancel your membership you will receive a refund of the outstanding portion of the Subscription Charges; and
  4. Change the Terms of Service (except for Subscription Charges) from time to time.  Any such changes will be displayed on the website. Changes will take effect 30 days after notification. Your continued use of any part of the Service following such change shall be deemed to be your acceptance of such amended Terms of Service. You acknowledge that you are solely responsible for ensuring checking these Terms of Service from time to time to see the changes which have been made. If you do not accept any such changes you should stop using the Service.

Intellectual Property Rights

You acknowledge and agree that all copyright, trade marks and other intellectual property rights in all material, content or information supplied as part of the Service shall remain at all times vested in Independent Investor and / or its licensors. You are only permitted to use the service in accordance with paragraph 3 above.

Right to Cancel

Your Registration and Subscription to the Service is governed by the Consumer Protection (Distance Selling) Regulations 2000. You have a right to cancel your subscription within seven days of your Registration provided that you have not logged in or attempt to log in to the Subscription Service. In order to cancel you must notify Independent Investor by email to support@independent-investor.com giving the following details: Independent Investor Username, First Name, Last Name, Contact Phone number.

Limited Warranty

Independent Investor will use reasonable endeavours to maintain the Service. You will not be eligible for any compensation because you cannot use any part of the Free Service or for any failure of the Service as a result of an event beyond Independent Investor’s reasonable control. In respect of material failure of the Subscription Service your sole and exclusive right and remedy against Independent Investor is an extension of your membership free of additional charge for the amount of time that there was a material failure of the Subscription Service.

Neither Independent Investor nor its employees assume any responsibility or liability for the accuracy or completeness of the information contained on this site. Independent Investor shall not be liable for loss of profits, direct or indirect damages resulting from your use of the Service. We make no claims for the usefulness of its content for any particular purpose. No information obtained by you through use of this Service shall create any warranty.

You acknowledge and agree that any information that you receive through use of the Service is provided “as is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk. You agree that you are solely responsible for any damage to your computer system and/or loss or damage to your data files through use of this Service or by the use of hypertext links on the Service to external information.

Subject to the maximum extent permitted by law, Independent Investor excludes all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to the Service, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, compatibility, accuracy, or completeness.

Notwithstanding any other provision in these Terms of Service, nothing herein shall limit your rights as a consumer under English law.

Limitation of Liability

Subject to the above and to the maximum extent permitted by law, Independent Investor will not be liable in contract, negligence or otherwise for any liabilities, damages or losses (whether direct or indirect) you may suffer as a result of using the Service. Independent Investor does not limit liability for fraudulent misrepresentation pr death and personal injury arising from Independent Investor’s negligence.

Indemnification

You agree to indemnify us from any actions, claims or liabilities arising from your use of the Service.

You agree that you are responsible for your own investment decisions and that you are responsible for assessing the suitability and accuracy of all information and for obtaining your own advice thereon. You recognise that any information given on the site is not related to your particular circumstances.

Termination

You agree that Independent Investor may terminate your membership and restrict your access to the Service (or part thereof such as the Subscription Service) without prejudice to any other rights or remedies that Independent Investor may have if: Independent Investor is of the reasonable opinion that you have breached these Terms of Service or acted inconsistently with the spirit of these terms and conditions; or in the case of a member of the Subscription Service fails to pay the relevant Subscription Charges.

Jurisdiction

These Terms of Service are governed and shall be construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts in the event of any dispute.