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Terms & conditions

Terms and Conditions for Subscription of the Megabuyte's Service

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Megabuyte services to you.  Please read these terms and conditions carefully before ordering any Services.  You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. 

Where ordering electronically, you should print a copy of these terms and conditions for future reference. Please click on the button marked "Accept" at the end of these terms and conditions if you accept them.  For all other orders, please note that your submission of the order form to us indicates acceptance of these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from us.

Note the disclaimers in clause 9 and the limitations on liability in clause 10. Please also note that these Terms encompass all Megabuyte's services, although you may in fact have only subscribed to some of these. Please therefore read these Terms carefully bearing this in mind.

1.	Definitions

You or Your: the person, firm, corporation or other organisation entering into this agreement with us by accepting these terms. Where the context so requires, "you" or "your" includes your Authorised Users.
Us, We, or Our: IS Research Limited.

Authorised Users: includes without limitation any person who accesses the Service via You.

Content: the news, analysis, data and information provided by Us to You as described on the Site and as may be provided as part of the Services, whether in the form of a daily email, Your access to the Site or otherwise.

Services: the level of service specified by You in Your Order in each case comprising of the Content, to include one or more of the three levels of Services, as set out below and subject to the further descriptions and limitations in this agreement:

1) Free Service:  provision of daily Newswire e-mail and Company News headlines (delivered before 0900 on week days only, and, subject to an overall minimum of 230 working days per calendar year) together with access to the News & Commentary Dashboard page on the Site (subject to You registering your details with Us); and / or 

2) Premium Subscription Service: provision of subscription services, including the Free Service level together with the Company News (delivered on-line and in the Newswire Plus e-mail before 0900 on week days only, and, subject to an overall minimum of 230 working days per calendar year), Company Analysis, Peer Group Reports and Sector Commentary and /or 

3) Premium Plus Subscription Service: provision of subscription services, including the Premium Subscription Service together with full access to Megabuyte Database on the Site

Site: our website currently located at www.megabuyte.com.
Subscription Fee: the subscription fee for the Services to be provided under Your Order, as specified in our invoice relating to Your Order.
Subscription Period: the period in respect of which a Subscription Fee is payable for any Service, as specified in Your Order.
Your Order: any order you place with us via the order procedures set out in our Site for the Services (or any part thereof) which is accepted by Us.

2. 	Information About Us

2.1	The Site is a site operated by IS Research Limited. We are registered in England and Wales under company number 06177639 and with our registered office at The Granary, Home Farm, Ridge Lane, Rotherwick, Hampshire, RG27 9AX, United Kingdom.  Our main trading address is The Granary, Home Farm, Ridge Lane, Rotherwick, Hampshire, RG27 9AX. Our VAT number is 912 8138 34.

3.	How the Contract Is Formed Between You And Us

3.1	After placing an order, you will receive correspondence from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted unless expressly stated as such.  Your order constitutes an offer to us to purchase Services.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or communication that the Services have been activated (the "Dispatch Confirmation").  The contract between us will only be formed when we send you the Dispatch Confirmation.  

4.	Authority and Licence for Use of the Services

4.1	We authorise you and your Authorised Users to use the Services and access the Content for which you agree to pay us the Subscription Fee (where applicable). 

4.2 	This authority and licence starts when you enter into this agreement by placing Your Order with us and ends:

(a) 	if the Subscription Period expires without your agreeing to renew this agreement on the terms and Subscription Fee then applying; or

(b) 	if this agreement is terminated under clause 11.

4.3 	Subject to clause 4.4, you may

(a) 	search, view, copy and print out material containing Content for your own use;

(b) 	make available to clients, potential clients and others copies of extracts of articles from our Content on a reasonable, non-systematic basis that is not commercially prejudicial to us, at all times subject to crediting us and third parties as applicable. If you wish to reproduce entire articles which form part of our Content at any time and for any purpose, please contact us beforehand as prior permission is required.

4.4	Any use of Content by you is subject at all times to the conditions that you do not (and you ensure that Authorised Users do not):

(a)	remove any copyright or proprietary notices, or any other disclaimers from our Content;

(b)	edit or change the context of any Content;

(c)	reproduce the Content except as expressly permitted under clause 4.3(b);

(d)	use the Content for any commercial purposes without our prior written consent.

5. 	Payment

5.1 	Your right to access the Site and receive the Services is conditional on paying the Subscription Fee except where your access and subscription is limited to the Free Service Level.

5.2 	Payment for the Premium Subscription Service and the Premium Plus Subscription Service must be made either in full in advance by electronic transfer within 30 days of receipt of an invoice issued by Us or by any other manner or method specified by Us to You. 

6. 	Your Obligations

6.1	By placing Your Order with us, you warrant that (if you are contracting in an individual capacity):

(a)	you are legally capable of entering into contracts; and

(b)	you are at least 18 years old.

6.2	You will take reasonable steps to ensure that Authorised Users comply with the terms of use of the Services in this agreement and do not:

(a) 	copy, print out or otherwise reproduce any Content nor any material relating to part of the Services, except as permitted under this agreement or authorised by us in writing;

(b) 	make any part of the Content or of the Services available to anyone whose principal place of work is not one of your organisation's sites, except as permitted under this agreement or authorised by us in writing;

(c)	purport to assign or otherwise dispose of your rights under this agreement.

6.3 	You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Content or Services using accounts created with your username and password.

6.4 	You acknowledge and agree that we and our licensors own all intellectual property rights in the Content and the Services. Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Content, Services or any related documentation.

6.5 	Subject to clause 8.1, you will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your use of the Content or Services, provided that: 

(a) 	you are given prompt notice of any such claim;

(b) 	we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and 

(c) 	you are given sole authority to defend or settle the claim.

6.6 	You are responsible for configuring your information technology, computer programmes and platform in order to access and receive the Services. Notwithstanding clause 8.3, you should use your own virus protection software.

6.7 	By submitting any individual's personal information to us or our affiliates, service providers and agents, you agree, and confirm your authority from such other individual, to our collection, use and disclosure of such personal information for the purpose of providing the Service to you and for sending you information about our products and services from time to time. You may unsubscribe from such communications at any time. We take your privacy issues seriously. Therefore if you have any queries or concerns, please contact us at The Granary, Home Farm, Ridge Lane, Rotherwick, Hampshire, RG27 9AX or 01256 768833.

6.8	You agree to keep us updated with your contact details, and acknowledge that our ability to deliver the Service to you is dependent on you doing so.

7.	Consumer Rights

7.1	If you are contracting to receive the Services as a consumer, then you have the right to cancel the contract at any time within seven working days, beginning on the day after you first received any email or hard copy manual relating to the Services.   

7.2	However, given the nature of the Services, you are likely to receive commencement of the Services before expiry of the seven working day cancellation period. If this is the case, then you acknowledge and accept that you will no longer have the right to cancel the contract and Your Order.

8. 	Our Obligations

8.1 	We warrant that you will not infringe any third party intellectual property rights by receiving the Content and using it in accordance with this agreement. We will indemnify you against losses, costs or expenses you may incur as a result of any claim that such use of the Content by you infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made, provide us with reasonable co-operation in relation to the defence and settlement of such claim, afford us the sole authority to defend or settle such claim and do not make any admissions or statements which compromise our position in such claim. 

8.2 	The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of any patent, copyright, trade mark, database right, right of confidentiality or other intellectual property right.

8.3 	We will take reasonable steps to ensure that Content that we supply to you electronically as part of the Service is scanned for known viruses before sending.

9. 	WARRANTY AND DISCLAIMER

9.1 	We warrant that we will use reasonable care and skill in preparing the Content. However, you acknowledge that the Content is for informational purposes only and is not intended to be relied on as advice. You rely and act on any Content at your own risk, and assume sole responsibility for results obtained from the use of the Content and for conclusions drawn from such use.

9.2	The information provided by the Us should not be regarded as an offer to buy or sell securities and should not be regarded as an offer or solicitation to conduct investment business as defined by The Financial Services and Markets Act 2000 ("the Act") nor does it constitute a recommendation. Opinions expressed do not constitute investment advice. Any information on the past performance of an investment is not necessarily a guide to future performance. We operate outside the scope of any regulated activities defined by the Act. If you require investment advice We recommend that you contact an independent adviser who is authorised by the Act to conduct such services.

9.3	While the email aspect of the Service is described as a "daily email", you expressly acknowledge that:

(a)	emails will only be delivered on weekdays; and

(b)	we do not guarantee to send you emails on every weekday, although we do guarantee to send you emails at least on 230 weekdays during the calendar year.

9.4	We give you no warranty or assurance, except as set out in clauses 9.1 and 9.2 above. We declare and you acknowledge that all implied warranties, conditions and other terms (statutory or otherwise) are excluded to the maximum extent permitted by law.

10. 	LIABILITY

10.1 	This paragraph sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of: 

(a) 	any breach of this agreement; 

(b) 	any use made by you of the Services or the Content or any part of them; and 

(c) 	any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this agreement.

10.2 	Nothing in this agreement excludes our liability: 

(a) 	for death or personal injury caused by our negligence; or 

(b) 	for fraud or fraudulent misrepresentation. 

10.3 	Subject to clause 10.2 above: 

(a) 	we shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, or for any special or indirect losses, costs, damages, charges or expenses however arising; and 

(b) 	our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Services during the 12 months preceding the date on which the claim arose.

10.4 	Under this paragraph, our liability includes that of any company in our group and our and their respective agents, employees and sub-contractors, you includes any other party claiming through you and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Service, whether under this agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence. 

10.5 	We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under the agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

11. 	TERM AND TERMINATION

11.1	This agreement will continue for the Subscription Period set out in Your Order, provided that we have received payment of the appropriate Subscription Fees. We will contact you regarding renewal of the Subscription Period at the appropriate time.

11.2 	This agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the Subscription Fee. 

11.3 	On termination of this agreement for any reason:

(a) 	all licences granted under this agreement shall immediately terminate; 

(b) 	termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

12. 	GENERAL PROVISIONS

12.1 	The rights provided under this agreement are granted to you only, and shall not without our prior written consent be considered granted to any subsidiary or holding company or any other party. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement. 

12.2 	This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. 

12.3 	Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law. 

12.4 	If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 

12.5 	If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. 

12.6 	This agreement and the Subscription Fee invoice constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement. 

12.7 	English law governs this agreement and the parties submit to the non-exclusive jurisdiction of the English courts.
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Daily Newswire and Forum sign up On this page you can sign up for our free daily Newswire e-mail and register to become a member of the Megabuyte Forum.

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