Please read the following terms and conditions carefully as they form the basis of how any visitor [henceforth "you" and "your"] can use PrivateEquityOnline.com ["the Site"]. The Site is published by PEI Media Ltd of Second Floor, Sycamore House, Sycamore Street, London EC1Y 0SG ["PEI Media", "we", "us" and "our"].
By accessing this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access this Site and PEI Media has the right to restrict or prevent your access to the Site at any time.
These terms and conditions were last updated on 10 September 2007 and replace all previous terms and conditions for the Site.
PEI Media may change, alter or withdraw any part of the Site at any time (with or without notice to you) and may also change these terms and conditions. You should regularly check these terms and conditions to see if any changes have been made.
By using the Site after any changes to the terms and conditions, you are agreeing to be bound by the new version of these. If you do not agree to the changes to the terms and conditions, you should cease using the Site and contact PEI Media via email@example.com. The standard cancellation terms for the Site apply in this situation (see below).
Unless stated otherwise, all text, graphics, illustrations, data and any other material published on the Site ["Content] is copyright PEI Media Ltd. All Site Content belongs to PEI Media or our licensors. PEI Media or our licensors own all intellectual property rights (including copyright and database rights) in the Site and any selection or arrangement of the Content.
The Site is split into two sections: areas that are accessible to all and areas accessible only to paying subscribers who have purchased a user licence for the Site [i.e. subscribed] and current triallists of the Site. We reserve the right to vary the Content in either area and do not guarantee that Content accessible only to paying subscribers and current triallists of the Site will remain paid for or that Content accessible to all will remain free-of-charge.
We reserve the right to decline any application from you to register as a trial user of the Site or to become a subscriber to the Site at our sole discretion. Any one individual is only allowed one trial period for the site and PEI Media reserves the right to decline all subsequent requests from that individual for further free trails of the Site.
Liability, warranty and indemnity
By using the Site, you agree that the Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us or any of our employees and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Site are at your sole discretion and responsibility. Any information that you receive via the Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. We are not responsible for any use of the Content by you outside its scope as stated in these terms and conditions.
We do not give any warranties in respect of the Site. To the extent allowed by applicable law, PEI Media hereby disclaims all other warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Neither do we provide any warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.
To the full extent allowed by applicable law, you agree that PEI Media will not be liable to you for any losses which relate to your business or investment choices or which are not a direct consequence of your use of the Site (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of you using the Site outside the scope of these terms and conditions.
In addition to but separate from the above specific exclusion and to the full extent allowed by applicable law, you also agree that we will not be liable to you for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of the Site.
PEI Media is not liable for matters beyond its reasonable control. We do not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties and you agree that we can therefore not be liable for any problem experienced by you on account of faults and failures in such systems.
You agree to indemnify PEI Media, or any subsidiary or holding company as defined in section 736 and 736A of the Companies Act 1985 and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you. You shall not enter into any settlement or compromise of any such claim or action without the prior written consent of PEI Media and we may, at our sole discretion, assume and control the defence of any such claim or action.
Third party sites accessed via PEO
The Site will from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. PEI Media will not be responsible for any error or inaccuracy in advertising or sponsorship material.
Payment and charges
You agree to pay any subscription fees at the rates in effect when these charges are incurred. You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the licence to subscribe to the Site using those payment details. In the case of unauthorised payments, we reserve the right to suspend or terminate your access to the Site. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the Site.
All payments made by you in relation to subscribing to the Site must be made inclusive of VAT or other relevant purchase tax, if any, or similar tax, and shall be made in full at one time.
We will try to process your subscription promptly but does not guarantee that all the benefits of a subscription to the Site will be available to you by any specified time. A contract with you for receipt of the subscription to the Site will come into effect when we send you an email confirming your subscription. We will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
We will notify you of any price increases prior to you renewing your subscription to the Site. If we give you a free trial, you will only be charged for your subscription with effect from the expiry of that free trial period.
Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls. You are responsible for all such charges.
When you subscribe to the site, we will first have given you the option of a free trial [typically two weeks]. Following the expiry of the trial period, your 12-month subscription period will start. If you want to transfer your subscription to the Site to another party after the expiration of the trial period please contact the PEI Media Customer Service teams [available via the Contacts page on the Site] but please note that no refunds are available.
We will alert you in advance by email, telephone or post that your subscription to the Site is due to expire.
You may for your personal, non-commercial use retrieve and display Content on any compatible device, print a single copy of individual articles on paper (but not photocopy them); and store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).
You may not use any Content for any unlawful purpose. Except as expressly set out in these terms and conditions, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Content available on the Site. Without limitation, you may not do any of the following without prior written permission from PEI Media (and neither may you allow a third party to do any of the same). You may not:
1. Redistribute any of the Content, including headlines (such as using them as part of any syndication, Content aggregation, news aggregation, library, archive or similar service); or
2. Remove the copyright or trade mark notice from any copies of Content; or
3. Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Content; or
4. Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Site for similar purposes; or
5. Use any machine, electronic, web-based or similar device to read or extract the Content by automated or machine-based means.
If you would like to link to the Site, you must read and comply with the following guidelines and all applicable laws. A website or service that links to the Site:
1. Can display the Site logo as supplied by PEI Media but no other brand and/or logo owned by PEI Media;
2. Can not remove, distort or otherwise alter the size or appearance of the logo;
3. Can link only to the homepage of the Site unless we have otherwise given prior written permission;
4. Can not in any way imply that PEI Media is endorsing the website or any of the products or services on that other site;
5. Must not misrepresent its relationship with PEI Media or present false information about PEI Media;
6. Must not be a website or service that infringes any intellectual property or other right of any person or that does not comply with all relevant laws and regulations;
7. Must not be a website or service that contains content that could be construed as libelous, distasteful or offensive.
8. PEI Media expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate to ensure this happens.
On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information via the My PEO section of the Site.
Unless you purchase a licence for more than one individual to use the Site, each registration is for a single user only. On registration, you will provide your email address and password ("Login details"). PEI Media does not permit any other person sharing your Login details or access through a single set of login details being made available to multiple users on a network. If PEI Media in its reasonable opinion considers the user licence is being abused in any way then PEI Media may cancel or suspend at its sole discretion your access to the Site without further obligation to you and you agree to purchase a multi-user licence for sufficient users immediately that is effective from the date of your initial subscription to the Site.
You are responsible for all use of the Site made by you or anyone else using your Login details and for preventing unauthorised use of your Login details. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details or any payment information, you must notify us immediately by e-mailing firstname.lastname@example.org
When you subscribe to the Site a cookie is set on your computer that enables you to be logged in automatically to the Site whenever you revisit, without having to manually log in each time. However, PEI Media has no responsibility for others' use of your computer and is unable to prevent unauthorized access by third parties of both your subscription details and features of the Site personal to you.
If you provide the Site with an email address that will result in any messages PEI Media may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer) then you warrant that you are entitled to receive those messages. You also agree that we may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.
We reserve the right, but not the obligation, to monitor any activity and Content associated with the Site. PEI Media may investigate any complaints or reported violation of the Site and these terms and conditions and take any action that we deem reasonable and appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Site access and/or removing any materials on the Site).
Technical requirements and Site security
The Site is best viewed using the latest Internet browsers. Any older browser versions may work but users could have limited browsing experience. Any payment information you send to us over the Internet is encrypted using 128-bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
General points and governing law
These terms and conditions shall be governed by, and construed in accordance with, English law.
To the extent possible in the applicable jurisdiction, you and PEI Media irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions (as amended by us from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and PEI Media in relation to these matters. No oral explanation or oral information given by either party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions that you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions.
If you have any queries relating to these terms and conditions or need to communicate with us please contact.
The Site Manager, PrivateEquityOnline.com
Second Floor, Sycamore House
London EC1Y 0SG