Your online daily business news & analysis from the top financial newspapers, including The Independent, Times and Wall Street Journal

Terms & Conditions

Citywebwatch provides an electronic news service available via our website and daily e-mails. The electronic news service is a fee-paying service available to individual and corporate subscribers. A free no-obligation trial is available (see relevant section on our website). These terms and conditions govern all subscribers and users of the services (including trial users and users who have had an e-mail forwarded to them). Please also see our Privacy Policy and the Data Protection section which explain how and why we may need to collect certain information about you and our duties and obligations to ensure such personal information is protected.

The Service

1. e-mails will be sent to you at the e-mail address you register with us at the commencement of our agreement unless or until we receive notification from you of any change of e-mail address. You warrant that you are entitled to receive e-mails at the e-mail address you provide to us.

2. A user name and password will be allocated to each and every user. You are not entitled to share your user name and password with any other person and will be liable for any misuse of the service or breach of these terms resulting from any failure to keep your user name and password secret.

3. In addition to receiving e-mails, you are entitled to access and browse our Website at any time. The links contained in our e-mails may be accessed on the website by following the log-in procedure and entering your user name and password.

4. Our website Disclaimer will apply to any user of our website. This can be accessed by clicking on 'Disclaimer' on the menu displayed on the right hand side of each page of our Website.

5. You acknowledge that all copyright, trademarks (including "Citywebwatch"), database rights and other intellectual property rights in the Website and the e-mails belong to or are licensed to Citywebwatch Limited. You may not modify, adapt, publish, copy, store, reproduce, distribute, transmit or transfer (in whole or in part) any of the images or content provided in the Website and/or the e-mails unless we expressly agree in writing.

6. After your trial period has expired, you may not forward, redistribute or otherwise make available (in whole or in part) any of our e-mails to any other person. In the event that you breach this provision, we have the right to suspend the provision of the service to you and/or to terminate the agreement between us and/or to levy a charge for the unauthorised act(s). We will not refund any unused credits or charges paid in advance.

7. You may not use the service for any other unlawful or improper purpose or in a manner which infringes the rights of any third party.

Termination

8. We may terminate this agreement without notice and cease providing our service to you if you breach of any of these material terms and conditions (including any failure to make payment when it becomes due) or if you become insolvent or enter into any arrangement with creditors; a receiver or liquidator is appointed over your assets or you are subject to an administration order. If we terminate our agreement as a result of your material breach of any of these terms and conditions, we will not refund any unused credits or charges paid in advance.

9. A subscription under this Agreement is to run for a 12 month period, thereafter renewing automatically for a successive 12mth term unless or until terminated in accordance with the termination provisions herein.

10. You may cancel your subscription by providing us with no less than 3 month's (90 days) written notice not to expire before the anniversary of you entering into this contract and then upon each subsequent anniversary.

Your Obligations

11. You agree to use the service subject to this agreement.

12. You must provide us with truthful and accurate information and immediately notify us of any changes to your information by e-mailing us at the address shown below. We are entitled to rely on such information.

13. You must ensure that any password(s) allocated to you are kept secret and confidential at all times. You agree to take measures to prevent the disclosure of your password(s) or unauthorised access to the service. You agree to provide a safe, secure and satisfactory operating environment at your home, office or other location from which you access the service.

14. You are responsible for the payment of all charges associated with your user name and password(s). You must immediately notify us of any suspected breach of security such as the disclosure, theft or unauthorised use of your password(s) by e-mailing us at the address shown below.

15. You agree to comply with all reasonable instructions issued by us from time to time in relation to the service.

16. You will indemnify us against all liabilities, claims, damages, losses, expenses and proceedings arising from or in any way connected with any breach of these terms and conditions by you.

Links

17. All links to news articles (both in e-mails and on the website) are links to third party websites. Use of the links is at your sole risk. We are not responsible for the content of news articles or for the content or services of third party websites.

18. You may not modify, adapt, publish, copy, reproduce, display, distribute, transmit or transfer the links (in whole or in part) unless we expressly agree in writing.

19. News articles will only be accessible via the links for 4 days after such articles appear on the publisher's website. We cannot guarantee access to or the availability of news articles and/or publisher's websites.

20. You acknowledge that the content of news articles and third party websites is protected by copyright and/or other rights which belong to the owners of the sites. You may only use such content in accordance with the terms and conditions of the relevant site owner (usually available on the home page of a publisher's website).

Corporate Subscriber Obligations

21. Corporate Subscribers are responsible for providing us with accurate details of each and every Nominated User (including names and e-mail addresses) and for notifying us of any changes to a Nominated User's details.

22. Unless otherwise agreed, Corporate Subscribers are responsible for paying the charges (and any other sums due) in respect of each and every Nominated User for the duration of the agreement. We may, at our sole discretion, agree to supply the services to another user in place of a Nominated User. In all other circumstances, any additional users designated by a Corporate Subscriber from time to time will attract additional charges at the standard rates applicable at the time.

23. Corporate Subscribers are responsible for ensuring that Nominated Users comply with these terms and conditions and will indemnify us against all liabilities, claims, damages, losses, expenses and proceedings arising from or in any way connected with any breach of such terms and conditions by their Nominated Users.

Charges

24. Unless otherwise agreed, all charges for the service are payable on registration ("the due date"). For the current cost of receiving the service please contact our sales team at telephone number 0870 220 3526.

25. Where applicable, VAT and any other taxes, duties or levies must be paid by you at the prevailing rate from time to time.

26. If any sum payable to us is in arrears for more than 7 days after the due date then (without prejudice to any other right or remedy) we reserve the right to charge interest on such overdue sum on a day to day basis (before and after any judgment) from the original due date until the date of payment at a rate of 4% above the Bank of England's base lending rate from time to time.

No Warranty or Reliance

27. We do not warrant or represent that our service, or any element of our service, will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of transmitted information or that no viruses or other contaminants will be transmitted in respect of our service or any part of our service.

28. We give no warranties and make no representations about any of the content of the website, the e-mail(s), the news stories or the content of any third party website(s) including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of any such content.

29. The content of the Website and the e-mail(s), and any third party content accessed via any links, does not constitute any form of advice, representation, recommendation, endorsement or arrangement by us and should not be relied upon in making any investment or other decisions. We recommend that you obtain independent advice before making, or refraining any such decisions. We will not be liable for any decisions made or action taken by you or any failure to act based on any information contained in the e-mail(s) and/or the Website and/or third party websites or for any use of or reliance placed on any such information.

30. Except as expressly stated in these terms and conditions, all express or implied conditions, warranties or other terms, written or oral, are excluded to the fullest extent permitted by law.

Mere conduit

31. You acknowledge that we have no editorial control over the content of news articles or third party websites and that we act as a mere conduit of the information accessed via any links.

Liability

32. We will not be liable to you for any loss which arises as a result of your use of the service.

33. We will not be liable for negligence causing loss or damage.

34. We will not be liable for the consequences of any interruptions, errors, failures, omissions or delays, including but not limited to, corruption or damage to software or hardware, loss of data or information or infection by viruses or other contaminants.

35. We will not be liable for any indirect loss including loss of profits, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have made.

36. If we are found liable to you, our total liability will not exceed the charges paid by you in any 12 month period OR will not exceed the sum of £1000 for any one incident or series of incidents in any twelve month period.

37. You agree and acknowledge that you are in a better position than us to foresee or evaluate any potential damage or loss that you may suffer in connection with our service and therefore we cannot adequately insure against any such liabilities.

38. If we are unable to perform any obligation under these terms and conditions because of a matter beyond our reasonable control we will have no liability for that failure to perform.

39. Each provision of these terms and conditions excluding or limiting liability operates separately. If any provision or part of a provision is held by a court to be unenforceable or unreasonable, the other provisions, or parts of provisions, will apply.

Data protection

40. We may search the files of credit reference agencies, which may keep a record of that search. We may also carry out identity and anti-fraud checks.

41. You agree that we may disclose the name of your organisation indicating that you are a subscriber to the service. If you do not want your organisation's name to be used in this way you must provide us with prior written notice.

42. We may disclose information concerning you, your account and your use of our services, (such as the volume, nature, value, frequency and category of transactions undertaken) to third party content providers in order to comply with our obligations with such content providers. In such circumstances you and/or your users (where a corporate subscriber) will not be personally identified and data will be provided in relation to a unique identification number. Your privacy will therefore not be affected.

43. In all other circumstances, we will take all reasonable precautions to keep the details of your purchases and payment secure, but unless we are negligent, we will not be liable for unauthorised access to such information.

44. We may send you e-mails from time to time containing information or links to content that we think might interest you. We may also notify you of products, services and offers that we think might interest you from time to time. We may notify you by e-mail or telephone. If you do not wish to receive such information, please notify us in writing at the e-mail address shown below.

45. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to us at the e-mail address shown below.

General

46. We may change these terms and conditions from time to time. We will notify you of any changes we make as soon as reasonably possible after they have been made. We will notify you by sending an e-mail to the last e-mail address you registered with us.

47. These terms and conditions shall be governed by and construed in accordance with English Law. In relation to any legal action or proceedings arising out of or in connection with these terms and conditions ("proceedings") each of the parties irrevocably submits to the exclusive jurisdiction of the English courts and waives any objections to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.

48. You may not assign sub-licence or otherwise transfer any of your rights under these terms and conditions. We may assign our rights and obligations without restriction.

49. In the event that any of these terms or conditions is held to be invalid or unenforceable this shall not affect the validity and enforceability of all remaining provisions, which shall remain in full force and effect.

50. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

51. Third parties cannot benefit from this agreement under the Contracts (Rights of Third Parties) Act 1999.

52. This Agreement constitutes the entire agreement between the parties in respect of the Service and shall supersede all promises, representation, warranties or other statements whether written or oral of any document given by one party to the other concerning such subject matter unless as otherwise expressly agreed to, or entered into, by a duly authorized representative or agent of Citywebwatch in writing.

53. The following definitions apply to these terms and conditions:

"Corporate Subscriber" means any entity that subscribes for the provision of the electronic news service to multiple users.

"E-mail(s)" means the e-mails we send to subscribers of our service containing links to news articles.

"Nominated User(s)" means all users designated by a Corporate Subscriber as permitted users of the service.

"We" "us" and "our" means Citywebwatch Limited whose registered office is at Sanford House, Medwin Walk, Horsham West Sussex RH12 1AG.

"Website" means the Citywebwatch website at www.citywebwatch.com

"You" and "your" means any person, firm or corporation who uses the electronic news service (on a trial basis or otherwise) including but not limited to customers who register online, Corporate Subscribers and Nominated Users.

Our Contact Details:

E-mail: info@citywebwatch.com Telephone Number: +44 (0)20 7398 7760 Fax Number: +44 (0)20 7398 7799