Certain words and phrases are defined in Clause 11.4 below and have the same meaning wherever used in these Terms.
1 Information about us
1.1 ivis.co.uk is a Website operated by the Investment Association (“we“, “us”, “our”). We are a private limited company by guarantee without share capital registered in England and Wales under company registration number 04343737 and have our registered office at 23 Camomile Street, London, EC3A 7LL.
2 Information about you and your visits to our site
3.1 You use our Website at your own risk. Although The Investment Association endeavours to ensure that the information and/or material contained on the website is correct, The Investment Association does not make any representations or warranties, express or implied, that the Data is accurate, complete or current, or that use of the website is free of risk of viruses or other damage. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
3.2 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely.
3.3 Unless otherwise agreed in writing neither The Investment Association nor any of its directors, officers, employees, agents or sub-contractors nor any of the members of the The Investment Association shall be liable to you for:
(a) any direct loss; or
(b) any loss of profits, business or anticipated savings, or loss of or corruption of data, or any indirect loss or consequential loss whatsoever; even if it has been advised or is otherwise aware of the possibility of such loss.
3.4 If you are a "consumer" (basically, a private individual), nothing in these Terms affects your statutory rights as a consumer under English law.
(a) death or personal injury due to its negligence; or
(b) for its fraud.
3.6 Nothing in our Website is intended to be, or should be construed as:
(a) an invitation, offer or inducement to you or any other person to engage in investment activity; or
(b) advice on the merits of, or a recommendation in relation to, any particular product or product provider.
3.7 While The Investment Association endeavours to ensure that our Website is normally available 24 hours a day, The Investment Association will not be liable if for any reason the website is unavailable at any time or for any period. The Internet is not a failsafe means of communication and interruptions to service, through failure of software or hardware outside the control of The Investment Association, may occur. The Investment Association shall not have any liability for any failure in communication or service, however it occurs.
4.1 On our Website, you may be offered links to other websites which are outside the control of The Investment Association. You should not regard these links as recommendations or promotions of any particular product or product provider, and The Investment Association does not accept responsibility for the content or the privacy practices of such websites, nor for any transactions between you and such websites. We accept no responsibility for any loss or damage that may arise from your use of other websites which are outside the control of The Investment Association. Any listing of websites is provided purely for the convenience of Users and Subscribers interested in corporate governance.
5.1 Any trade marks shown on the site are the trade marks of The Investment Association unless expressly stated otherwise. No permission is given by us in respect of the use of any such trade marks, service marks, company names or logos or copyrights and such use may constitute an infringement of the holder’s rights.
6 Intellectual Property Rights
6.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 All Intellectual Property Rights in all materials on our Website are vested in The Investment Association and/or its licensors and content contributors (including its members).
6.3 You must not copy, modify, use or otherwise deal with the whole or any part of our Website or the IVIS Reports (in particular, the Data) or any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text except that you may (subject always to Clause 6.4):
(a) quote from our Website or any IVIS Report in material issued by you to a third party so long as it is not a substantial extract and you give due credit to The Investment Association (and that of any identified contributors) as the authors of the materials and refer expressly to our Website or IVIS Report as the source of the relevant quotation;
(b) print off one copy, download the Data, or use the IVIS Report, only for your own personal use (if you are a private individual) or for your own internal business use (in all other cases) and you may draw the attention of others within your organisation to material posted on our site.
6.4 Save to the extent permitted in Clause 6.3 above, under no circumstances are you permitted or authorised to supply or resell the Data (or any part of it) to third parties, or extract or re-utilise any or all of the Data for commercial purposes, without obtaining a licence to do so or the prior written consent of The Investment Association.
7 Reliance on information posted
7.1 The content on our site is provided on an “as is” basis, for general information only. It has not been audited or verified by any third party and is subject to change at any time, without notice. It is not intended to amount to advice on which you should rely.
7.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, as to the condition, quality, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the information contained on our site or that such content will be accurate, complete, up to date, uninterrupted or error free.
7.3 Certain information contained on our site was based on or obtained or derived from Third-Party Information. While such sources are believed to be reliable, we assume no responsibility for the accuracy of any Third-Party Information.
7.4 We therefore disclaim all liability and responsibility arising from any use of or reliance placed on all content on our site by any visitor to our site, or by anyone who may be informed of any of its contents.
8 Prohibited Uses
8.1 You may use our site only for lawful purposes. You may not use our site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) in any way that causes, or may cause, damage to our site or impairment of the availability or accessibility of our site or which is otherwise harmful in nature;
(d) for the purpose of harming or attempting to harm minors in any way;
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
(g) to knowingly transmit any data, send or upload any material that contains (including without limitation) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms;
(b) not to attack our site via a denial-of-service attack or a distributed denial-of service attack; and
(c) not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment, server or network on which our site is stored or any server, computer or database connected to our site;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
8.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9 Suspension and Termination
9.1 We will determine, in our sole discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate in our sole discretion.
9.2 Failure to comply with these terms constitutes a material breach of these terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our site;
(b) issue of a warning to you;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) further legal action against you; and/or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.3 The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
10.1 You hereby indemnify and hold us, other members of our group of companies and third parties connected to us and our, it or their directors, officers, employees, partners and agents harmless from and against all liabilities, damages, losses, costs and other expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms or other liabilities arising out of your use of our site.
11.1 The Investment Association reserves the right at any time to amend these Terms without notice to you. We will do so by posting revised terms on our Website. It is your responsibility to check these on any future visit.
11.2 These Terms shall be governed by and construed exclusively in accordance with English law. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts and, by using our Website, you hereby submit to and waive any objections to, the jurisdiction of such courts.
11.4 Wherever used in these Terms, the following words and phrases shall have the meanings given to them below:
“Data” means any information and/or materials (including without limitation statistical materials) contained on our Website or made available to you in connection with our Website from time to time;
“The Investment Association” means The Investment Association, whose principal place of business is at 23 Camomile Court, London, EC3A 7LL;
“Intellectual Property Rights” means trademarks, trade and business names, domain names, copyright and moral rights, rights in databases, patents, rights in confidential information and all other intellectual property rights (in each case whether registered or unregistered and including applications for any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world;
“Third Party Information” means data published or prepared by other parties; and
“Website” means www.ivis.co.uk.
If you have any concerns about material that appears on our site, please contact email@example.com.