Website Terms & Conditions of Use
www.smithers.co.uk is a website operated by Pelham Smithers Associates Limited (PSA). |
Your use of this website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the website.
1. Additional Terms
Additional terms will apply to our use of your registration and other personal data (see Privacy Statement).
The copyright and all other rights in the material on this website are owned by us or are included with the permission of the owner of the rights. Except where you have permission from us or it is otherwise indicated as acceptable on the website, you may not reproduce, modify, copy, make available or distribute or otherwise use any of the materials or content on the website. Any use made of such materials or content may be an infringement of rights in those materials and we reserve all rights to enforce such rights.
If you have access to the materials contained within the Client Content Area your use of those materials shall be governed by your client contract with us. Otherwise as a visitor to this website (a) you may download copies of the material available to you, (b) you may print copies of pages from this website, but (c) you may not copy or distribute material on this website for any commercial or business use without our prior written consent.
3. Prohibited use
You agree not to use this website:
to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this website except where expressly permitted by us;
to transmit or re-circulate, sell or otherwise supply, any material obtained from this website to any third party, in any media or format, except where expressly permitted by us;
in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
in any way that might infringe third party rights or that might bring PSA or any of its subsidiaries into disrepute.
4. Information and availability
Whilst we take every care to ensure that the information on this website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Furthermore, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability. Furthermore you agree to indemnify us for any expenses, losses, liabilities, damages, costs or expenses incurred or suffered by us arising from your use of the website and any breach of these Terms and Conditions.
5. No reliance
Information and opinions contained within the material accessible from the website, including in the Client Content Area, have been compiled or arrived at from sources believed to be reliable, but we do not accept liability for any loss arising from the use by you of such material or make any representation as to its accuracy or completeness. Any information to which no source has been attributed should be taken as an estimate by us.
The material contained within the website is not to be relied upon as such, or used in substitution for the exercise of, independent judgement and neither should any suggestions or advice contained on this website be relied upon in place of, or without taking further, professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this website before entering into any commitment based upon them.
The information and material in the Client Content Area is intended for the use of specific and named recipients only. If you are not the intended recipient, we accept no liability whatsoever for your use of that information or material and you should notify us immediately.
6. Linking to our website
We welcome 'hot links' to the Home Page of our website, but not 'deep linking' by which we mean that you may not include a link to any page of our website that is not the Home Page. Neither may you display the contents of our website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.
7. Links to other websites
On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content.
8. Computer viruses
We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the website.
9. Client Content Area
Access to the Client Content Area of the website requires you to be allocated with a unique username and/or password. The Client Content Area gives you access to reports and market updates prepared exclusively for the benefit of clients of PSA. You are responsible for maintaining the confidentiality of your username and password. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org and (b) ensure that you exit from the Client Content Area at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Furthermore you agree to assist us in identifying and pursuing any unauthorised third party who has gained access to the Client Content Area, whether through use of your username and/or password or otherwise (any reasonable costs you incur in providing such assistance may be reimbursed by us).
You acknowledge that your access to the Client Content Area, and the use of the reports and market updates contained therein (including any liability arising from such use), is governed by the contract you have with us as a client of the firm.
In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.
11. Variation of these Terms & Conditions of Use
PSA reserve the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations.
Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.
These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.