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Please read these terms and conditions ("the Terms") carefully before subscribing to or registering with the site operated by Steel Business Briefing Limited ("we", "us" or "our") to be found at http://www.thesteelindex.com/ (the "Site"). By subscribing to, registering with, accessing or using the Site you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time. If you do not agree to the Terms (or are not authorised to do so) you should not register, subscribe or access the Site.
The Site includes on-line information relating to the steel industry, which is accessible either on-line or by registering for the email service. The material, information and content whether on the Site or sent to you by email or any other means ("the Content") does not constitute any form of professional investment or other advice, recommendation, representation or endorsement and should not be relied upon by you in making (or refraining from making) any business investment or other decision. Appropriate independent advice should be sought before making any such decisions. Any information that you receive via or as a result of your subscription to the Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you 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 . It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, and other information provided on the Site.
The Site is controlled and operated by us from our offices in England. We make no representations that the Site or the Content are appropriate or available for use in other locations. You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any Content uploaded, distributed or stored by you does not infringe the rights of others.
We reserve the absolute right to alter, suspend, withdraw or discontinue without notice any aspect of the Site or the information including your access to it. Unless explicitly stated any new features or information on the Site shall be subject to these Terms.
UNLESS EXPRESSLY STATED, WE DO NOT MAKE ANY REPRESENTATIONS NOR GIVE ANY WARRANTIES IN RESPECT OF THE SITE. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE HEREBY EXCLUDE ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR DUTIES WHATSOEVER AND HOWSOEVER ARISING (WHETHER EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO THE OWNERSHIP OF INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE SITE AND THE CONTENT, OR THE SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF, ANY GOODS OR SERVICES REFERRED TO AT ANY TIME ON THE SITE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR YOUR BUSINESS UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER IN CONTRACT, NEGLIGENCE OR ANY OTHER TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) FOR ANY LOSS OF PROFITS, INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR FOR INCREASE IN ANY COSTS, LIABILITIES OR EXPENSES OR ANY OTHER LOSS WHATSOEVER AND HOWEVER ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH OR RELATING TO THE SITE AND WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, COSTS, EXPENSES OR OTHER LIABILITY WHICH YOU INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE PROVISION OF THE SUBSCRIPTION SERVICES (AS DEFINED IN CLAUSE 8).
YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER SYSTEM MEETS ALL RELEVANT TECHNICAL SPECIFICATIONS NECESSARY TO USE THE SITE AND IS COMPATIBLE WITH THE SITE. YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY MATERIAL AVAILABLE FOR DOWNLOADING FROM THE SITE OR SENT TO YOU BY EMAIL WILL BE FREE FROM INFECTION, VIRUSES, WORMS AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
WE TAKE ALL SUCH STEPS AS ARE REASONABLY NECESSARY TO PROVIDE A FAST AND RELIABLE SERVICE, BUT EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY LIABILITY FOR THE SECURITY OF THE SERVICES ON THE SITE OR FOR ANY DISRUPTION OF THE SITE HOWEVER CAUSED, LOSS OF OR CORRUPTION OF ANY MATERIAL IN TRANSIT, LOSS OF OR CORRUPTION OF MATERIAL WHEN DOWNLOADED ONTO ANY COMPUTER SYSTEMS OR LOSS OR CORRUPTION OF MATERIAL ON YOUR COMPUTER SYSTEM HOWEVER CAUSED.
WE SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE SITE OF WHICH WE ARE AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THE SITE (TO THE EXTENT THAT OUR LIABILITY IS NOT EXCLUDED BY THIS CLAUSE 5) IS AS FOLLOWS:
- IF YOU HAVE SUBSCRIBED TO RECEIVE ANY SUBSCRIPTION SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT LOSS YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE SITE. THIS IS SUBJECT TO A LIMIT EQUAL TO THE ANNUAL FEE PAID BY YOU TO US PURSUANT TO THESE TERMS DURING THE YEAR IN WHICH THE LOSS IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE SUBSCRIPTION SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
- IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY SUBSCRIPTION SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN THE SITE, YOUR REMEDY IS LIMITED TO RECEIVING SUBSCRIPTION SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT LOSS YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF THE SITE. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES TO WHICH YOUR CLAIM RELATES. YOU MAY NOT RECEIVE MONETARY DAMAGES.
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL SUBSCRIPTION FEE FOR THE SERVICES TO WHICH YOUR CLAIM RELATES.
WITHOUT LIMITING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR MATTERS BEYOND OUR REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO TELEPHONES, THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER) OR THE INTERNET OR THE ACTS OF THIRD PARTIES.
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THE PROVISIONS OF THIS CLAUSE 5, OUR LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY OUR NEGLIGENCE.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SITE AND INFORMATION IS AT YOUR SOLE RISK, THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR ACCESS TO AND USE OF THE SITE (INCLUDING THE RECEIPT OF CONTENT BY E-MAIL) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO, OR INFECTION OR CORRUPTION OF, ANY COMPUTER SYSTEM WHATSOEVER OR ANY LOSS OF DATA WHATSOEVER WHICH IN ANY WAY RESULTS FROM THE DOWNLOADING OR RECEIPT OF SUCH CONTENT MATERIAL AND/OR DATA.
The Content is protected by international copyright, database right and other intellectual property rights owned by us or third party licensors. All product and company names and logos mentioned on the Site may be trade marks, service marks or trading names of their respective owners, including us.
You may display the Content to one person electronically on a single computer, download and store one copy of the information in machine readable form, print (but not photocopy) one copy of the information and store such pages for caching purposes only.
Except in the case of information you have placed on the Site, you may not do any of the following without our prior written consent, or the prior written consent of the owner of the intellectual property rights if different:
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all liabilities, costs, damages, claims or expenses which we incur or suffer as a result of any breach or non-observance by you of any of these Terms or any use you may make of the Site, and its associated services, including, without limitation, your posting of any information on the Site or any message transmitted by you on the Site.
To access some of the features on the Site ("Subscription Services") you will need to become a registered subscriber. All applications are subject to our acceptance.
To register, you will be required to complete the registration pages on the Site, enter your e-mail address and choose a password. You will have to submit your email address and password each time you enter the Site. You must ensure that any information you provide as part of the subscription process or registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third party rights. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.
When you register to use the Site you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms. You will not be allowed to register unless you indicate your acceptance of these Terms and any other terms and conditions that may apply.
We will treat any information you provide in order to register yourself as a user with confidence. However, we do not give any warranties as to the security of the Site and all information you supply to us is supplied at your own risk and subject to these Terms as amended from time to time.
Registration is for a single user only, unless we agree otherwise in writing.
If you provide us with an e-mail address that will result in e-mails or SMS messages that we send to you being sent via a computer or telephone network operated or owned by a third party then you warrant that you are entitled to receive those messages. You acknowledge that we may refrain from sending you such messages even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails to you.
We allow you access to the Subscription Services on the basis that:
If, for any reason, we believe that you have not complied with these requirements or any other provision of these Terms, we may, at our discretion, cancel your access to the Subscription Services. If we wish to terminate your registration we will do so by emailing you at the address you have registered stating that the your registration has been terminated. Your username and password will become invalid immediately.
You agree to pay any subscription fees at the rates in effect when the 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 subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your subscription.
We will try to process your subscription promptly but do not guarantee that the Subscription Services will be available to you by any specified time. A contract with you for receipt of the Subscription Services will come into effect when we send you an email message confirming your subscription details and not before.
Unless otherwise agreed in writing, we will charge you in British Pounds Sterling or in US Dollars or Euros if they are the currencies in your place of business. All credit card payments will be charged in British Pounds Sterling irrespective of the service and your country of residence. You will also have to pay any applicable local taxes.
The subscription price is set out on the pages which contain our subscription process. You can take out either an annual or monthly subscription which will not automatically renew. We will notify you in advance of any price increases. 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.
Cancelling or Changing your subscription
When you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by emailing mailto:firstname.lastname@example.org.
Following the expiry of any trial period or if you have not received a free trial prior to subscription, you may cancel your subscription at any time by emailing mailto:email@example.com. Any cancellation will be effective once we receive notice of it. Subscriptions are non refundable unless otherwise agreed by us in writing in advance. However, they may be assigned, with our prior written consent, to another individual within your organisation as an alternative. Before any such assignment is effective the assignee must provide to us all details necessary to become a registered subscriber in accordance with these Terms including, without limitation, their e-mail address, a password, payment details etc. and must expressly agree to be bound by these Terms. No assignment of your subscription shall be valid unless expressly confirmed in writing by us.
We may provide hypertext links to sites on the Internet which are operated by independent third parties ("Third Party Sites") who we believe offer services and/or products which complement those offered by us. You acknowledge that we have no control over and are not responsible for the content or availability of any Third Party Site and give no warranty and make no representations in respect of this. Furthermore, we give no warranty and make no representations whatsoever about or in respect of any goods or services purchased or obtained from or offered to you through such sites. If you do purchase any goods or services from a Third Party Site then your contract for such goods or services will be with the third party and not with us.
In addition, a link to any Third Party Site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site. You acknowledge that we do not examine or edit the contents of any Third Party Site. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Site. Any concerns regarding any external link to any third party site should be directed to the operator of that site.
We will endeavour to make the Site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other Internet connected device. All conditions, warranties or representations, whether express or implied, as to the content, operation or supply of the services provided by the Site are expressly excluded to the fullest extent permissible by law.
In addition the service may be temporarily discontinued during the July/August for a maximum of 2 weeks and for a similar maximum period over Christmas and new year. In such an event these periods will coincide with generally quiet periods in the steel industry.
We may terminate the provision of any of the Site or restrict your access to it, either temporarily or permanently, without any prior notice to you where (by way of example and without limitation):
These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms.
We shall, however, retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
We may assign or subcontract any or all of our rights and obligations under these Terms.
We may alter these Terms from time to time and post the new version on the Site. We indicate at the beginning of these Terms the date on which they were last updated. If you use the Site after we have published such changes you are agreeing to be bound by them.
If any provision or term of these Terms, or any part of any provision or term, shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them. The validity of the remaining terms will be unaffected and they shall remain in full force and effect.
All notices shall be given by e-mail mailto:firstname.lastname@example.org or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.