EUROMONEY INSTITUTIONAL INVESTOR PLC AND INSTITUTIONAL INVESTOR INC
TERMS AND CONDITIONS
IMPORTANT - PLEASE READ CAREFULLY
1.1 These are the terms and conditions of service ("Terms") which
govern the use of all websites ("Sites") and related Services (as
defined below) owned, operated or provided by Euromoney Institutional Investor plc
("Euromoney II"), Institutional Investor Inc ("Institutional
Investor") or another group company.
Your use of the Sites and Services is conditional on you complying with these Terms.
Any additional terms and conditions that are posted on specific Sites or agreed
in relation to any Service shall be deemed incorporated into these Terms.
1.2 Please note:
(a) Where you visit, register and/or subscribe to a Euromoney II Site or related
Service, these Terms will be governed by the laws of England and Wales and will
operate as between Euromoney II and you, to the maximum extent permissible under
the law of the territory that you are located in.
(b) Where you visit, register and/or subscribe to an Institutional
Investor Site or related Service, these Terms will be governed by the laws of the
State of New York, and where applicable, the laws of the United States of America,
and will operate as between Institutional Investor and you, to the maximum extent
permissible under the law of the territory that you are located in.
1.3 A non-exhaustive list of Euromoney II Sites and Institutional Investor Sites,
respectively, is set out at the end of these Terms. If any Site is not included
on this list, the applicable party to these Terms (being either Euromoney II or
Institutional Investor) will be the party indicated on the relevant Site or otherwise
notified to you.
1.4 Provision of registration information by you to us (where relevant) will constitute
an offer by you to become a Registered User or Subscriber (as applicable) on these
Terms and any other terms applicable to the specific registration or subscription
(including, without limitation, terms relating to the number of licensed users,
the applicable charges and period of any subscription). You will not become a Registered
User or Subscriber (as applicable) nor be entitled to access or receive Sites, Content
or Services relating to the relevant registration or subscription unless and until
we notify you of our acceptance of such offer, by providing you with a user name
and password or otherwise (in accordance with the registration or subscription process
on that Site).
1.5 Please read these Terms carefully. Each time you access a Site or use a Service,
these Terms will apply.. These Terms may be amended in accordance with Clause 16
below. It is your responsibility to bring these Terms to the attention of anyone
who may, through you, access a Site or view or use any Content (as defined below).If
you have any questions regarding these terms with any of the Euromoney II Sites,
please contact us at email@example.com.
If you do not wish to be bound by these Terms, do not use any of the Sites or Services.
1.6 You may access a Site as follows:
(a) if you go through a registration process on that Site (if available), as a "Registered
User" (in accordance with Clause 6 below); or
(b) if you register as a "Subscriber" to our subscription Services
which we offer or may offer in the future (in accordance with Clauses 6 and 7 below);
(c) by accessing the Site without registration or subscription under (a) or (b),
(as a "Visitor"). In such circumstances, your use of the Site or
any Content (as defined below) constitutes your acceptance of these Terms.
1.7 To the extent any individual accesses a Site or uses a Service as an employee,
partner, director, agent or representative ("Agent") of any legal
entity which is a Subscriber, the Agent warrants that he or she has authority to
agree to these Terms on behalf of the relevant legal entity.
1.8 Some areas on a Site may only be available to Registered Users or Subscribers
(see Clause 6 below).
1.9 A Site may be supported by sponsoring organizations and advertisers (the "Sponsors")
whose names appear on the Site and whose own websites may be accessed by Internet
links from that Site – see Clause 12 below.
1.10 Please also see our privacy statement in relation to use of your personal data
by Euromoney II and Institutional Investor.
2.1 "you/your" means (as appropriate), the Visitor, Registered
User and/or Subscriber accessing a Site or using a Service.
2.2 "we/us/our" means Euromoney II and/or Institutional Investor,
as appropriate in accordance with Clause 1.2 above.
2.3 "group company" means Euromoney Institutional Investor plc
or any subsidiary of Euromoney Institutional Investor plc (including, without limitation,
Institutional Investor Inc).
2.4 "Content" means all material, data, information and products
on the Sites or provided as part of a Service (including, without limitation, any
Electronic Books or publications sent by post as part of a Service, but excluding
any Posted Material (as defined in Clause 9.1)).
2.5 "Electronic Books" means any electronic book including without
limitation ebooks and yearbooks or other written material available for download
from any of our Sites, e-mailed directly to you as part of a Service or disseminated
by other electronic means for viewing without accessing a Site.
2.6 "Services" means
(a) the supply of on-line or electronic information, publications and data products;
(b) the supply of hard-copy publications and other materials;
(c) the supply of courses, in relation to subscriptions to the Training Businesses;
(d) other services relating to a Site (including, without limitation, any Interactive
Areas as defined in Clause 9 below).
2.7 "Social Media Page" means a page created, operated or otherwise
provided by Euromoney II or Institutional Investor via a third party social media
site, network, application and/or service.
2.8 "SRP" means Structured Retail Products Limited.
2.9 "Training Businesses" means the Euromoney training businesses
identified at the end of these terms.
2.10 “Insider Publishing” means Insider Publishing
3 YOUR USE OF CONTENT AND TRADE MARKS
3.1 All rights in and to the Content and the Sites belong to us, our group companies
or our third party content providers and are protected by the copyright, trade marks,
and/or other intellectual property rights ("Intellectual Property")
of the UK, US and other countries. We may license third parties to use the Content
at our sole discretion.
3.2 You may use the Sites and the Content solely for your own personal use and benefit
and not for resale or other transfer or disposition to any other person or entity.
You may not use, reproduce, modify, transfer, exploit, distribute or dispose of
any Content for commercial purposes, nor in any manner that might compete with our
3.3 Subject to the limitations in Clause 3.2 above and your compliance with Clause
4, and further subject to Clause 10 in relation to Electronic Books, you may:
(a) retrieve and display Content on a computer screen, print individual pages on
paper (but not photocopy them) and store such pages in electronic form on disc (but
not on any server or other storage device connected to a network); and
(b) use the "Email this story to a friend" option where the facility is available
to email an article from a Site to other individuals without further charge, provided
such other individuals also comply with the restrictions on use in Clause 3.2 above.
3.4 The trade marks 'Euromoney Institutional Investor ' and 'Institutional Investor'
are the property of Euromoney II and Institutional Investor respectively, and other
trade marks/logos appearing on the Sites may belong to Euromoney II, Institutional
Investor, other group companies or third parties. None of these marks may be used
without the express prior written permission of the respective owners.
3.5 If it is brought to our attention that you have sold, published, distributed,
retransmitted or otherwise provided access to any article(s) from the Content to
anyone without our express prior written permission, we will invoice you for copyright
abuse damages of US$1500 per article unless you can show that you have not infringed
any copyright, which will be payable immediately on receipt of the invoice. Such
payment shall be without prejudice to any other rights and remedies which we may
have under these Terms or applicable laws.
3.6 Any request for permission to republish, reprint or use for any other purpose
any articles from any of the Sites or our trade marks should be sent to
firstname.lastname@example.org. Custom reprints are available
either in print or electronic format and all queries should be sent to
3.7 DISCLAIMERS AND LIMITATIONS OF LIABILITY. WITHOUT PREJUDICE
TO THE LIMITATION OF LIABILITY PROVISIONS AT CLAUSE 14 BELOW, YOU AGREE THAT YOUR
USE OF ANY SITE, CONTENT OR SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL
SITES, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE. " THE CONTENT
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE
TO THE CONTENT. SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR SUPPLIERS AND
LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED
BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE
SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS
OR TIMELINESS OF THE SITES, CONTENT OR SERVICES; OR (C) THE RESULTS OBTAINED FROM
ACCESSING AND USING ANY SITE, SERVICE OR CONTENT. FURTHER, WE DO NOT REPRESENT OR
WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITES, THE SERVICES OR THE
SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
NOR (D) THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY.
4 YOUR OBLIGATIONS
4.1 This Site is not intended for users of under eighteen (18) years of age, and
such individuals are not permitted to be Registered Users or Subscribers. If individuals
under eighteen (18) years of age wish to view material on any Site as a Visitor,
their parent or guardian must agree to these Terms on their behalf.
4.2 You represent and warrant that:
(a) you have the capacity to agree to these Terms; and
(b) you are at least eighteen (18) years of age.
4.3 You undertake that you will, and if you are a Subscriber, you will procure that
any licensed user under your subscription will:
(a) comply with all applicable laws in relation to the Sites and Services, including
without limitation, laws relating to the use of Intellectual Property;
(b) not use the Sites or the Content outside the scope of permitted use under Clause
3 above and will not infringe any Intellectual Property or other rights in or relating
to the Site or the Services or of any third party;
(c) not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload,
download, transmit, create derivative works from or otherwise exploit or tamper
with the Site or, subject to Clause 13, any software embodied in any Site or Service;
(d) not prevent or restrict the use of any Site or Service by other authorised users
nor hack into or cause damage to any server or other equipment operated by us; and
(e) comply fully with these Terms (including, without limitation, the obligations
set out in Clause 9, and any additional copyright notices, restrictions or terms
of use contained on any Site or agreed in relation to any Service).
4.4 You are responsible for procuring the necessary equipment and the payment of
telephone and other charges necessary to access and/or use any Site or Service.
We are not responsible for the reliability or continued availability of the telephone
lines and equipment you use to access and/or use a Site or a Service.
4.5 Any Content sent for overseas delivery (including, without limitation, any Content
for delivery outside the European Union), may be subject to import duties and taxes
collected at the final destination. All sales or use taxes, import duties or additional
customs charges must be borne entirely by you. We have no control over these charges
and we expressly disclaim any responsibility or liability for them. Customs policies
vary widely from country to country, so you should contact your local customs office
for further information.
Additionally, when ordering from Euromoney II, you are considered the importer of
record and must comply with all law and regulations of the country in which you
are receiving the goods. Euromoney II's international customers should be aware
that cross-border deliveries are subject to opening and inspection by customs authorities.
Euromoney II may provide certain order, delivery and product information (such as
the product's title) to our international carriers and such information may be communicated
by the carriers to customs authorities in order to facilitate customs clearance
and comply with local laws. If the order is a gift, the package will be marked 'Gift'
but the cost or value of the item may still be stated on the customs form and/or
5 OUR OBLIGATIONS
5.1 Subject to and without limitation to Clauses 3.7 and 14, we will exercise reasonable
skill and care in our provision of the Services provided to Registered Users and
Subscribers, but from time to time faults may occur, in which case we will use reasonable
efforts to repair them as soon as reasonably practicable.
5.2 We will endeavour to ensure all subscriptions or other Services are priced correctly
on the Sites (or otherwise in the Content). However, errors may occur. If such a
pricing error is discovered, we reserve the right to give you the option of either
cancelling your order for any particular subscription or other Service or reconfirming
your order at the correct price.
6 REGISTRATION AND SUBSCRIPTIONS
6.1 In order to access certain Sites (or specific Content within certain Sites),
and/or to receive certain Services, you must register with us as either a Registered
User or a Subscriber, as follows:
(a) certain Sites, Content and/or Services are available free of charge once you
register with us, in which case you may access or receive them on these Terms as
a Registered User (a "registration"); or
(b) charges are payable for receipt of certain Services (which may include access
to certain Sites and Content), in which case you may receive such Services on these
Terms as a Subscriber who has paid the relevant charges (in accordance with Clause
7 below) for a specified period of time or, in the case of Training Businesses,
for a specified course, and either a specified number of licensed users or a site
licence (a "subscription").
6.2 In order to register with us, you must provide us with accurate and complete
information. It is your responsibility to inform us of any changes to that information
(including, without limitation, your email address), by updating your details on
the relevant section of the applicable Site or contacting us using contact details
on the applicable Site. If you do not provide accurate and complete information
when you register, we may not be able to provide the Services or Content that you
request or that are suitable to you.
6.3 When you register, you will be given one or more user names and passwords, as
appropriate for your registration or subscription to the relevant Site or Service.
6.4 Except to the extent a user name and password is intended for more than one
licensed user as agreed by us in writing, the following are not permitted:
(a) any Registered User, Subscriber or licensed user under any subscription sharing
their user name and password; nor
(b) access through a single user name and password being made available to multiple
users on a network.
6.5 Notwithstanding the restrictions in Clause 6.4 above, you are responsible for
all access and use of any Site or Service by you or anyone else using any of your
user names and passwords and for preventing unauthorised use of any of your user
names and passwords. If you believe there has been any breach of security (such
as the disclosure, theft or unauthorised use of any user name, password or any payment
information), you must notify us immediately by emailing
6.6 We reserve the right to access and monitor password-protected information,
including any information which you upload or input and any information concerning
your activities in relation to a Service or a Site or any Content, in order to fulfil
our obligations in these Terms, to protect or comply with our legal rights and obligations
and for other purposes as set out in our privacy statement and all in accordance
tools as set out in our privacy statement to collect information about your visit
to our Sites and display advertisements that may be of interest to you and for such
other purposes as are set out in our privacy statement . Our privacy
together with details of how turn those cookies on and off.
6.7 The following provisions shall additionally apply to registrations and/or subscriptions
to SRP Sites or Services:
(a) all licensed users under such registrations and/or subscriptions must be employees
of your organization;
(b) in the event that a licensed user ceases to be an employee
of your organization, you must notify SRP immediately;
(c) you must provide to us the corporate email address of each licensed user for
use as the user name for such licensed user; and
(d) you agree that we may refer to your name and to the Services we have provided
to you when marketing SRP.
7 SUBSCRIPTION CHARGES AND REFUND POLICY
7.1 Subscribers must pay certain charges in order to receive the relevant subscription
Service (unless we agree otherwise for a trial period). In most cases, details of
applicable charges can be found on the specific Sites relating to the relevant subscription
Service. Where charges are not published on a Site, the applicable charges will
be as agreed between you and us. All payments (including any applicable taxes) must
be made in any currency that we may specify. We may direct you to make payments
to another group company or third party payment agent. If we (or our designated
agent) do not receive payment for any charges due, we may immediately suspend your
rights in relation to the relevant Service (including any relevant Site and/or Content).
You are responsible for the payment of all charges associated with the use of the
Service, Site and/or Content using your user name and password.
7.2 Subject to Clause 7.5, if we cancel your rights in relation to any subscription
Service in accordance with Clause 18.5(b) below, unless you are or have been in
breach of these Terms, we shall refund you on a pro rata basis any subscription
charges you have paid in advance (for the relevant cancelled subscription) which
relate to any unexpired part of the subscription period at the date of cancellation.
You will still be responsible for any fees or other charges incurred by you until
the cancellation of your rights in relation to the relevant subscription Service.
7.3 Subject to Clauses 7.4 and 7.5, if you cancel your subscription to any Service
in accordance with Clause 18.4 below prior to the end of the subscription period:
(a) subject to Clauses 7.3(b) and (c) below, you shall be entitled to a refund on
a pro rata basis of any subscription charges you have paid in advance for any complete
months remaining of the subscription period at the date of cancellation beyond the
initial two years of the subscription period;
(b) we shall deduct from the refund due an administration fee of £100, US$150
or €150 (depending on the relevant currency of payment); and
(c) if you were granted any discount on the full value of the subscription charges
for the subscription period, we shall recalculate the value of the initial year
of the subscription period on the basis that no discount was applied to such year.
7.4 If your subscription is in relation to any of the Training Businesses, the provisions
of Clause 7.3 shall not apply and you should refer to the cancellation policy applicable
to the relevant Training Business, as set out on such Training Business' Site, for
your rights in relation to cancellation of the subscription and any refund.
7.5 If your subscription is in relation to an SRP Site or Service, or Insider Publishing
Site or Service, the provisions of Clauses 7.2 and 7.3 shall not apply. Accordingly,
you shall not be entitled to any refund where your subscription to an SRP Site or
Service, or Insider Publishing Site or Service, is cancelled for any reason.
7.6 Without prejudice to Clause 1.4 above, the parts of the Sites showing Services
or other products and services for purchase are intended as advertisements only
and shall not constitute offers to sell those Services, products or services by
us, our Sponsors or any of our divisions. All advertised prices for such products
or services are subject to change without notice. See also Clause 12 below in relation
to third party products and services.
8 CONTENT BY EMAIL
We may give you the option to request Content by email. We, our group companies
or our third party service providers will also send you emails to keep you updated
on developments in the Sites and Services. Your registration for and/or subscription
to such an email Service and your use of the Content received through these email
Services will be subject to these Terms. You can unsubscribe to our email Service
by changing your email preferences on the relevant Site.
9 INTERACTIVE SERVICES
9.1 A Site and/or a Social Media Page may contain bulletin boards, email Services,
discussion groups, messaging systems, including instant messaging facilities, and
other public areas that allow interactivity between users and/or feedback to be
provided to us (together " Interactive Areas"). We do not control
and are not responsible for the information and/or materials posted to Interactive
Areas by you or any third party ("Posted Material") and as a result,
cannot guarantee the veracity or accuracy of any Posted Material. All use of the
Interactive Areas is at your risk and you should not rely on Posted Material in
9.2 You hereby grant us, and, if you are a Subscriber, agree to procure the grant
to us by all licensed users under your subscription of, a non-exclusive, perpetual,
royalty-free licence to use, reproduce, modify and/or sub-license all or part of
your Posted Material, including to sub-license group companies or third parties
to use the same. We may without notice to you or any third party delete, move or
edit any Posted Material or part of it.
9.3 To the extent permitted under applicable law, you hereby waive, and, if you
are a Subscriber, agree to procure the waiver by all licensed users under your subscription
of, all moral rights or rights of a similar nature in any jurisdiction in any Posted
9.4 You are responsible for the content of your Posted Material and you may not
within the Interactive Areas or otherwise in relation to a Service or a Site (including,
without limitation, any email Service), post, publish, link to, upload, download,
send, distribute, use or re-use any information or material:
(a) which is or could be taken to be the provision of advice (including, without
limitation, investment advice) or a recommendation to buy or refrain from buying
a particular security, financial product or other investment (“Investment”)
or which has the purpose of affecting the price or value of any Investment;
(b) obtained in breach of confidence or which contains confidential information
or infringes any Intellectual Property rights or rights of privacy or other rights
of any third party;
(c) which is offensive, threatening, abusive, indecent, defamatory, obscene, degrading
or menacing, or is otherwise contrary to applicable law or regulation or promoting
an illegal act;
(d) which constitutes unsolicited advertising or promotional material, including
but not limited to any chain emails, unsolicited commercial emails, unsolicited
bulk email, "spam" or mail bombs; or
(e) which constitutes or contains a virus or other harmful component or malware.
9.5 Without prejudice to Clause 9.4 above, you may not:
(a) use any Interactive Area to carry out criminal, fraudulent or illegal activities;
(b) use any Interactive Area to impersonate any person, company, group or entity
or misrepresent a relationship to or with any of the same;
(c) disguise the origin of any message posted in any Interactive Area; nor
(d) collect, store, disclose or otherwise process any personal data in relation
to your use of any Interactive Area without the knowledge of the relevant individual
or in breach of applicable data protection laws.
9.6 You must comply with any additional rules which may, from time to time, be issued
by us at particular sections of the Interactive Areas and such rules shall be deemed
incorporated into these Terms.
9.7 By accessing the Interactive Areas, you agree to indemnify and hold us harmless
against all claims, damages, costs and expenses (including legal and other professional
fees) which we may incur as a result of any of your Posted Material.
9.8 We reserve the right to remove Posted Material at any time, for any reason,
and without notice, including without limitation for any failure to comply with
the provisions of this Clause 9. If any Posted Material fails to comply with the
provisions of this Clause 9, we reserve the right to prevent You from accessing
the Interactive Areas.
9.9 Our employees or representatives may also submit Posted Material to the Interactive
Areas. In doing so, such employees or representatives shall act in a personal capacity
and any views they might express shall not be considered our views nor the views
of a financial or other professional advisor.
9.10 Where Clauses 9.1 to 9.9 apply to a Social Media Page, such clauses shall be
subject to the terms and conditions of use of the third party site, application
and/or service on which such Social Media Page appears.
9.11 Notice for Claims of Copyright Violations
If you believe that your work has been copied and posted in the US on any of our
Sites in a way that constitutes copyright infringement under US copyright law, you
should provide our Copyright Agent (details below) with a written notice that sets
forth the infringement details. To be effective, the notice must contain the following
(a) a description of the copyrighted work that you believe has been infringed;
(b) a description of the material that you claim is infringing the copyrighted work
and a detailed description of where it is located on our web site;
(c) your address, telephone number, and email address;
(d) a written statement by you that you have a good faith belief that the disputed
use is not authorised by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorised to
act on the copyright owner's behalf; and
(f) an electronic or physical signature of the person authorised to act on behalf
of the owner of the copyright interest.
Please send the written communication to our Copyright Agent at the following address:
By mail or e-mail:
Euromoney Institutional Investor PLC
London EC4V 5EX
+44(0) 20 7779 8888
If you are accessing our Sites as a Subscriber or Registered User, we reserve the
right, in appropriate circumstances and at our discretion, to cancel your right
of access to the Sites if you repeatedly infringe the Intellectual Property (as
defined in Clause 3.1).
10 ELECTRONIC BOOKS
In the event that you purchase an Electronic Book from one of the Sites, you are
granted a non-exclusive right to:
10.1 download the Electronic Book for storage and display in machine-readable form
on no more than three devices; and
10.2 obtain a single printout of the Electronic Book.
11.1 You may create a link from your website to the home page of certain Sites (where
they indicate that you may do so) provided that you complete the linking registration
form available at the applicable Site (or by contacting us), and provided that you
do not link to the Site from any website containing any material which would be
in breach of Clauses 4.3(b) to (e) above or which is otherwise unlawful.
11.2 Upon linking to any Site pursuant to these Terms, we shall grant you a non-exclusive,
non-transferable, royalty-free license to use our trade marks solely for the purposes
of providing an underlined, textual link from your website to the Site. Without
prejudice to Clause 3.4, no other use of our trade marks or name is permitted without
our express prior written permission.
11.3 The potential linking to an internal or subsidiary page of the Site located
one or several levels down from the home page (" Deep Linking")
or the bringing up of or presenting Content within another website ("Framing")
is not permitted without our express prior written permission. You must seek and
obtain our express prior written permission before Deep Linking or Framing the Site
or any Content by contacting us and providing us with:
(a) your name, email address and telephone number;
(b) the name of your company;
(c) the web address(es) where the proposed Deep Linking or Framing will occur; and
(d) specific details about the contemplated Deep Linking or Framing.
12 ADVERTISEMENTS, LINKS AND THIRD PARTY TRANSACTIONS
12.1 A Site or a Service may contain:
(a) links to other websites provided by Sponsors or other third parties ("External
Sites"). We shall endeavour to highlight such links although some External
Sites may be co-branded with ours. External Sites may advertise or provide the opportunity
for you to purchase third party products or services ("Third Party Services");
(b) advertisements for, and/or the opportunity for you to purchase Third Party Services
or products or services from us or our group companies.
12.2 The content of External Sites and Third Party Services is not maintained or
controlled by us and we are therefore not responsible for the availability, content
or accuracy of External Sites or Third Party Services. We do not (a) make any warranty,
express or implied, with respect to the use of the links provided on, or to, a Site
or Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of
External Sites or Third Party Services; or (c) make any endorsement, express or
implied, of any External Sites or Third Party Services. Any advertisement or promotion
on a Site of a Third Party Service is not an inducement by us for you to enter into
any agreement with the relevant third party.
12.3 Any communications or contracts relating to Third Party Services, payment for
and delivery of Third Party Services, and any other associated terms, conditions,
warranties or representations are exclusively between you and the relevant third
parties. You agree not to hold us liable for any loss or damage incurred as the
result of any such contracts, communications or other dealings or the presence of
such third parties on any Site.
13 SOFTWARE AND JAVA SECURITY
Intellectual Property in any software that is made available for download from the
Site ("Software") belongs to us or our suppliers. Your use of the
Software is governed by the terms of any licence agreement that may accompany or
be included with the Software. Do not install or use any Software unless you agree
to such licence agreement.
14 LIMITATIONS OF LIABILITY
14.1 Nothing in these Terms shall exclude or limit our liability for fraud
or intentional unlawful conduct by us, or death or personal injury resulting from
our negligence and the remaining provisions of this Clause 14 below, and Clause
3.7, shall be subject to this provision.
14.2 The Content is made available for your general information and use and is not
intended for trading purposes or to address your particular requirements. We do
not represent or endorse the accuracy, completeness or reliability of any advice,
opinion, statement or other information forming part of the Content. Reliance upon
any Content shall be at your own risk.
14.3 Without prejudice to Clause 14.2, the Content does not constitute any form
of advice, recommendation or arrangement by us (including, without limitation, investment
advice or an offer or solicitation to buy or sell any security, financial product
or other investment) 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 arrangements
made between you and any third party named in any Content are at your sole risk
14.4 Neither we, nor any of our suppliers, officers, employees, partners, affiliates,
subsidiaries, successors and assigns, agents or representatives (our "Representatives")
will be liable to you for:
(a) any incidental, punitive, indirect, special or consequential damage, loss or
expenses, including but not limited to any loss of business, contracts, revenue,
or profits, any business interruption, security breach, loss of data, loss of goodwill
or reputation or other pecuniary loss suffered by you, even if we or any of our
Representatives have been advised of their possible existence; nor
(b) any direct damage loss or expenses arising from loss of customers, loss of profits,
loss of anticipated profits or loss of savings.
14.5 Without prejudice to Clause 14.4, neither we nor any Representative shall be
liable to you for any direct or indirect damage, loss or expenses suffered by you
as a result of:
(a) any viruses, worms, "Trojan horses" or similar programs, denial of service attack,
spamming or hacking or consequential damages or any claim against us by any other
(b) any fault, inaccuracy, omission, delay or any other failure in a Site or a Service
caused by your computer equipment or arising from your use of the Service on such
(c) any inaccuracies or errors in or omissions from any Content including, but not
limited to, quotes and financial data; or
(d) any delays, interruptions or short-term or immaterial errors in the transmission
or delivery of any Site or a Service; or
(e) any additions, deletions or changes made to the Content at any time.
14.6 Without prejudice to Clauses 14.4 and 14.5 and except where you are a Subscriber
who has paid the relevant subscription charges, neither we nor any Representative
shall be liable to you for any direct or indirect loss, damage or expenses arising
by any reason of non-performance by us of these Terms or any other term of our agreement
14.7 Without prejudice to Clause 25 below, to the extent that the provisions of
any applicable law shall impose restrictions on the extent to which liability can
be excluded under these Terms including, for the avoidance of doubt, the provisions
of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its
equivalent in any other jurisdiction) relating to the requirement of reasonableness,
the exclusions set out in Clause 3.7 and this Clause 14 shall be limited in accordance
with such restrictions. However, any exclusions of liability that are not affected
by such restrictions shall remain in full force and effect.
14.8 Without prejudice to the limitation of liability provisions above, in the event
that you incur any loss, damage or expense arising out of your use of any Site,
Content or a Service, you agree that our liability to you shall be limited to the
higher of (a) the total amounts paid by you to us in the last month in relation
to such Site, Content or Service, and (b) the sum of US $350.
14.9 Euromoney II and other group companies may make their Annual Reports and Accounts
available through its website. Neither an audit nor a review provides assurance
on the maintenance and integrity of the website, including controls used to achieve
this, and in particular whether any changes may have occurred to the financial information
since first published. These matters are the responsibility of the directors but
no control procedures can provide absolute assurance in this area. Legislation in
the United Kingdom governing the preparation and dissemination of financial information
differs from legislation in other jurisdictions.
You agree to indemnify and hold us, our Representatives, licensors and sub-contractors
harmless against all costs, claims, damages, liability and expenses (including any
professional fees) which we might incur by reason of a breach by you of these Terms
including, without limitation, any of the warranties, representations and undertakings
in Clauses 4 and 9 above. For the avoidance of doubt, this indemnity shall extend
(without limitation) to any losses which we may suffer as a result of the use by
third parties of your user name and password, except in circumstances where you
can demonstrate to our satisfaction that such third party obtained the relevant
details through no fault (including, without limitation, negligence) of your own.
16 CHANGES TO THESE TERMS
We may make additions, deletions or changes (together, "amendments")
to the provisions of these Terms from time to time. Any amended Terms will be notified
to you by being posted on the Sites and material changes will be emailed to our
Registered Users and Subscribers. It is your responsibility to refer regularly to
these Terms and note any amendments. Amendments will come into effect immediately
on the amended Terms being posted on this Site and you will be deemed to have accepted
them if you access a Site after that time. If you do not wish to accept them, you
must cancel these Terms as described below.
17 COMPETITIONS AND PRIZES
From time to time we will run competitions, free prize draws and promotions on the
Site. These are subject to additional terms that will be made available at the time
of such competitions, and such additional terms shall be deemed incorporated into
18 TERM AND CANCELLATION
18.1 With the exception of subscription Services where a Subscriber loses access
on expiration of their subscription, use of and access to the Sites and Services
is not subject to any particular time limits.
18.2 As a Visitor, you may cancel your access to and use of any Site (or receipt
of any related Service) on these Terms at any time by discontinuing to access and
use that Site and associated Content.
18.3 As a Registered User, you may cancel your registration at any time by electronic
notice to us using the contact information on the relevant Site or otherwise notified
18.4 In relation to any Subscriber other than a Subscriber to the Training Businesses
(as to which see Clause 7.4 above), if your subscription period is over two (2)
years, you may cancel your subscription on no less than thirty (30) days' notice
to us by post or email using the customer service contact details applicable to
your subscription as detailed at the end of these Terms. You should quote the subscription
reference number. There may be a period after the date of cancellation during which
you continue to receive publications sent to you as part of your subscription. However,
you will not be charged for such publications. For the avoidance of doubt, if your
subscription period is for two (2) years or less, you shall not be entitled to cancel
18.5 We may cancel your (and, if you are a Subscriber, your licensed users') access
to and use of any Site and Content and/or your receipt of any Service on these Terms
(including, without limitation, any registration or subscription) at any time:
(a) if you are a Registered User, by email notice to you; or
(b) if you are a Subscriber, by email notice to you; or
(c) if you are a Visitor or if you (or, if you are a Subscriber, any of your licensed
users) commit a breach of any provision of these Terms, immediately without us having
to provide notice to you.
18.6 Cancellation of your access to and use of any Site and Content and/or your
receipt of any Service shall not affect any provision of this agreement which is
expressly or by implication intended to come into effect or to continue in effect
after such cancellation or expiry, including but not limited to Clauses 3.1, 3.4,
3.5, 7.2, 7.3, 9.2, 9.3, 9.7, 12.3, 14, 15, 18.6, 18.7 and 22.
18.7 Cancellation of your access to and use of any Site and Content and/or your
receipt of any Service on these Terms (including, without limitation, any registration
or subscription), shall not affect our right to receive any outstanding sums due
to us at the date of cancellation, which sums shall be payable within fifteen (15)
days of such cancellation.
19 CHANGES TO CONTENT
We reserve the right to delete or change any aspect of the Content, the Interactive
Areas, the Site and/or any of the technical specifications or any aspect of the
same. You agree and acknowledge that such changes may result in you being unable
to access the whole or any part of a Site.
20 NO WAIVER
Failure by either party to exercise any right or remedy under these Terms does not
constitute a waiver of that right or remedy.
21 ENTIRE AGREEMENT
These Terms (including any terms incorporated by reference in these Terms),
constitute the entire agreement between you and us with respect to your access to
and use of any Site or receipt of any Service and supersede all prior agreements,
negotiations and discussions between you and us relating to the same. Without prejudice
to Clause 3.6 above, we exclude any representations and warranties previously given
or made in relation to the same.
22 LAW AND JURISDICTION
22.1 Where you visit, register and/or subscribe to a Euromoney II Site or related
Service (as indicated on the Site or otherwise notified to you), these Terms (and
any dispute or claim arising out of or in connection with these terms, including
non-contractual disputes or claims), to the maximum extent permissible under the
law of the territory that you are located in, will be governed by the laws of England
and Wales and will be subject to the non-exclusive jurisdiction of the English courts.
22.2 Where you visit, register and/or subscribe to an Institutional Investor Site
(as indicated on the Site or otherwise notified to you), these Terms (and any dispute
or claim arising out of or in connection with these terms, including non-contractual
disputes or claims), to the maximum extent permissible under the law of the territory
that you are located in, will be governed by the laws of the State of New York and,
where applicable, the laws of the United States of America. Any action to enforce
these Terms shall be brought in a federal court in the state of New York or a state
court located in the state of New York, county of Kings., and you agree to submit
yourself to the personal jurisdiction of those courts in any such action.
23 FORCE MAJEURE
23.1 We shall not be deemed to be in breach of these Terms by reason of any delay
in performing, or any failure to perform any service or our obligations in relation
to these Terms, if the delay or failure was due to any cause beyond our reasonable
control, including but not limited to acts of God, explosions, floods, fire or accident,
war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance,
epidemics, prohibitions or measures of any kind on the part of any governmental,
parliamentary or local authority, import or export regulations or embargoes, or
industrial actions or trade disputes (whether involving our employees or of third
23.2 In the event we are so hindered or prevented, we shall take reasonable steps
to give notice of suspension as soon as reasonably possible to Subscribers and Registered
Users, stating the date and extent of the suspension and its cause. We shall resume
the performance of those obligations that have been suspended as soon as reasonably
possible after the removal of the cause. In the event that the cause continues for
more than one (1) month we shall refund you for any subscription charges you have
paid in advance for any suspended Service.
24 ASSIGNMENT AND SUB-CONTRACTING
24.1 You may not assign, sub-license or otherwise transfer any of your rights under
these Terms without our prior written consent.
24.2 We may assign, sub-contract or transfer any and all of our rights and obligations
under these Terms to any group company or any entity who acquires a substantial
part of the assets of our business without your prior written consent.
24.3 Without prejudice to Clause 24.2, we may sub-contract delivery of a Service
to any group company who operates the business relating to the relevant information,
publication or data product forming part of that Service.
If any provision of these Terms is found to be wholly or partially invalid, void
or unenforceable by any court having competent jurisdiction or by virtue of any
legislation or any other reason, that provision shall be invalid, void or unenforceable
to that extent only and no further and the validity and enforceability of the remaining
provisions of these Terms shall not be affected.
Any notice which is required to be given pursuant to these Terms shall be made by
email or first class post, in the case of you, to the address provided on your registration
form and, in the case of us, to the address posted on the relevant Site or otherwise
notified to you in relation to any relevant Service. Any such notice shall be deemed
to have arrived if sent by post within three (3) days of posting and if sent by
email at the time of transmission.
27 THIRD PARTY RIGHTS
No term of these Terms is intended to be enforceable by any person other than you
Headings in these Terms are for convenience only and will have no legal meaning
Euromoney Institutional Investor PLC is a company registered in England and Wales
under number 954730 whose registered office is at Nestor House, Playhouse Yard,
London EC4V 5EX and VAT number is GB 243 3157 84Institutional Investor Inc. is a
subsidiary of Euromoney Institutional Investor Plc and is incorporated in the State
of Delaware and its federal ID number is 13-2790024 and its registered address is
at 225 Park Ave. South, New York, NY 10003, USA.
Non-exhaustive list of Sites
Euromoney Institutional Investor plc Sites are located on the World Wide Web under,
but not limited to, the following domains:
Institutional Investor Inc. Sites are located on the World Wide Web under, but not
limited to the following domains:
Customer services contact details
Nestor House, Playhouse Yard, London EC4V 5EX
3rd Floor, 41 Eastcheap, London, EC3M 1DT
225 Park Ave. South, New York, NY 10003-1605
225 Park Ave. South, New York, NY 10003-1605
225 Park Ave. South, New York, NY 10003-1605
Customer Service Dept, Gulf Publishing Company, PO Box 2608, Houston, TX 77252-2608
Euromoney Financial Training Americas
Euromoney Legal Training
Euromoney Offshore Financial Training
Euromoney Legal Training Europe
Euromoney Energy Training
Euromoney Financial Training Asia Pacific
Euromoney Legal Training Asia Pacific
MIS Training Asia Pacific
MIS Training Europe
MIS Training Americas