Terms of Use
TERMS & CONDITIONS
1 DEFINITIONS
1.1 These words have the following meanings:
"information" means the reports, articles, market summaries and similar material that we put on our website;
"payment" means payment to us of the subscription charge and Value Added Tax;
"website" means the Utilyx.com website;
"you"/"your" means you as the user of this website; and
"we"/"our"/"us" means Utilyx Limited of
2 SCOPE
2.1 These terms apply to your access to and use of the website and by using the website, you agree to be bound by these terms
3 DISCLAIMER
3.1 The information and opinions published on the website are intended for information only and are not to be used or considered as an invitation to trade or an offer in respect of any of the products or services mentioned.
3.2 While we consider that the information and opinions given are sound, we do not make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information contained on the website, and we reserve the right to change the website at any time. We are not responsible for any losses, claims or actions (or lack thereof) taken as a result of relying on, or in any way using, the information. You must rely upon your own skill and judgement, or seek professional advice, when making use of it.
3.3 The website may show examples which contain price projections that are based on assumptions that are subject to uncertainties and contingencies. Because of the subjective judgements and inherent uncertainties of projections, and because events frequently do not occur as expected, there can be no assurance that the projections contained herein will be realised and actual results may be different from projected results. Hence the projections supplied are not to be regarded as firm predictions of the future, but rather as illustrations of what might happen. Parties are advised to base their actions on awareness of the range of such projections and to note that the range necessarily broadens in the latter years of the projections.
3.4 We are not responsible for the content of external websites to which our website provides a link. References or access to other publications within our website does not imply endorsement of these publications.
4 COPYRIGHT INFORMATION
4.1 We own the copyright in the website as a compilation (although individual items such as quotations may also to be the subject of copyright vested in the third parties quoted) and in the underlying source HTML files. You may view the website or print selected pages from it subject to the following conditions:
(a) The Utilyx Daily Market Intelligence Report, the Utilyx Weekly Market Intelligence Report and the Utilyx Market Updates (together the “Reports”) are owned by Utilyx. You may print or otherwise store, temporarily, extracts from the website or the Reports without alteration for the purposes of your own personal use, provided you keep intact all copyright and proprietary notices. No part of the website or the Reports may be otherwise copied, reproduced, modified, publicly displayed, republished or distributed in any media without our prior written permission. Requests for permission should be addressed to
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. All rights reserved
(b) Any copy of any part of the website must include the copyright notice which appears on the website.
5 LIABILITY
5.1 To the full extent permissible at law, Utilyx, and its affiliates, agents and licensors disclaim, without limitation, all liability for any damages or losses of any kind, whether foreseeable or not, (including, but without limitation loss of business revenue, loss of goodwill, loss of anticipated savings, loss of profits, or for any consequential losses) arising in contract, tort, or otherwise, as a direct or indirect result from action taken or decisions made as a result of reliance on material, in whole or in part, contained in the website. Nothing on the website constitutes financial, legal, tax or other advice, nor should any investment or any other decisions be made solely based on the information shown. You should obtain advice from a qualified expert before making any investment decision.
6 SUSPENDING OR ENDING ACCESS
6.1 We may suspend access to the website without warning if our website needs maintenance or breaks down. We will endeavour to make sure this does not happen.
6.2 If you breach the terms of this contract or our copyright we may terminate your access to the website and we will end this contract.
6.3 We will suspend access to the website if required to do so by any court or any other relevant authority.
7 GENERAL
7.1 We may amend this contract by publishing any amendments on our website which will become effective 14 days after notification of such amendment appears on the website. Your continued use of the website will be deemed acceptance of the updated terms.
7.2 It is also our policy to continuously review our terms of use and we reserve the right to revise our policy to provide access to the site on a subscription-free basis and further to vary any subscription charges from time to time. In the event that we introduce, raise or otherwise vary our subscription policy, we will give you [30 days] notice of our intention to do so. If we increase our charges or substantially vary any other terms to your material disadvantage then you may end your subscription at any time before such charges or terms come into effect.
7.3 You may not transfer your rights under this contract. We may transfer our responsibilities hereunder without your permission provided that your rights are not reduced and the website remains available to you.
7.4 The law of
7.5 This contract does not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.
7.6 We will try always to make our website available to you, but there may be times when access is unavailable, such as when there are interruptions to the services provided to us by others.
8 SUBSCRIBER ACCESS TO WEBSITE AND INFORMATION
8.1 You can access the web services provided that we accept your online application to do so and provide you with a valid username for the site.
8.2 We reserve the right to reject any request for access and to remove any individual user access at our sole discretion.
8.4 By accepting your subscription email and accessing the online services you become party to this agreement. In the event that your subscription is subject to fees, your contract will continue for 12 months and will automatically renew for consecutive periods of 12 months unless you give us not less than 30 days written notice prior to the end of each annual subscription period that you wish to end your subscription
8.5 You must protect your user ID and password. You cannot allow others to use them. Any subscription is for your use alone.
8.6 If either party terminates your subscription you will no longer be able to access subscriber content.
8.7 You must provide us with complete and accurate registration details. If they change you must provide us with the changed details as soon as is reasonably practicable.
8.8 In the event that your subscription is subject to a fee, you may pay for your subscription either after receipt of an invoice from us or by PayPal. You will need to confirm how you wish to pay in advance.
8.9 If you pay after receipt of an invoice from us, you will have 30 days to pay the invoice after it is sent to you. The details of how the payment is to be made will be included in the invoice.
8.10 If you wish to pay using PayPal you will be directed to the PayPal page. PayPal is a company independent of us that will provide a service to you on its terms and conditions allowing you to pay us. It does not provide your financial information to us. You will need to complete the information required by PayPal in order for payment to be made.
9 YOUR PERSONAL DETAILS
9.1 You consent to us processing the personal data you provide to us in accordance with the UK Data Protection Act 1998. We will use the information you provide to provide you with access to our website or any services you request. We may also use it from time to time to make offers to you of services we may think would interest you. We will not provide your personal details to third parties.
Last updated 10.10.09
