General Terms and Conditions
Please read this carefully. By accessing the Site or registering on the Site you will be agreeing to these terms and conditions set out below (these "Terms"). If you do not understand any part of these Terms, please contact Panacea at help@panaceaifa.com.
DEFINITIONS
In these Terms the following words and expressions shall have the following meanings:
- "Data Providers" means those providers of Information and/or Information Services to us,
- "IFA” means an independent financial adviser, broker or other professional adviser who accepts and deals under these Terms,
- "Information" means the database accessible via the Site and each and every piece of information provided through the Information Services,
- "Information Services" means one or more of the information services provided on or via the Site,
- "Sponsors and Service providers" means those third parties who support us in the provision of Information Services (including Data Providers),
- "Site" means our internet website located at www.panaceaifa.com operated and maintained by us or our agents and/or such other websites as we may notify you from time to time,
- "Subscription Services'" means certain Information and trade Services which you must subscribe and pay a fee to view, and
- "User name and Password" means the user name and password issued by Unipass and included on your registration form which is used by you to access the Site and Information Services.
1. PARTIES
- “Panacea, our, us or we” means Grantmell Limited (trading Panacea) - and its agents and employees and any person to which the rights and/or obligations of Grantmell Limited trading as Panacea are transferred or assigned.
- “You, your or yourself” means you, the person specified as the user in the registration form.
- “Sponsor” means a product provider of financial services products or strategic partner within the community.
2. THE SERVICES
You wish to obtain access to one or more of our Information Services provided via the Site.
By using your User name and Password to access the Site and Information Services, you accept in full, these Terms and agree to comply with them in your use of the Site and the Information Services.
3. SUBSCRIPTION SERVICES
Although many of the Information Services are available for free, there are some Subscription Services. We will inform you on the Site if the Information Service you are trying to access is not free and you will be given an opportunity to subscribe and pay for such Subscription Service.
In addition, Grantmell Ltd trading as Panacea reserves the right to charge a subscription for community membership. If you choose at that time a pay-by-access Subscription Service, the fees will accumulate during each month and the payment will be deducted from your debit/credit card account, standing order or direct debit.
You can query your account at any time by e mailing the Panacea Contact Centre at help@panaceaifa.com.
If you are using a credit card we will send you an email or write to you one month before the expiry date on your credit card.
If you do not respond within 10 days of sending the e-mail or letter, we reserve the right to suspend your access to the Subscription Service. Your access to the Subscription Service will be restored once we have received your new credit card details.
Should the debit/credit card details for any reasons, be turned down for payment, we will notify you by email and suspend access to the Subscription Service until such time as you inform us that we can resume drawing payments from a debit/credit card.
We will take all reasonable care to ensure that your payment data is properly transmitted and kept secure.
This agreement is defined as an Initial Service Agreement as defined by the Distance Marketing Directive 2004. This gives you the right to cancel within the first 14 days and receive a full refund of your Subscription payment. After 14 days, the contract continues as a successive operation.
Cancellation of a Subscription Service can be made at any time either by emailing help@panaceaifa.com. On cancellation of a Subscription Service the monthly billing will be terminated at the end of the next natural billing date and access to the Subscription Service will be terminated at that time.
4. COPYRIGHT AND YOUR RIGHTS
Copyright and all other intellectual property rights subsisting in the Information is owned by us or our Data Providers, You may use the Information retrieved from the Site only for your own personal non-commercial use which means that you may not sell, resell, retransmit, use in the creation of an index linked or historical data product or otherwise make the Information retrieved from the Site available in any manner or on any media to any third party unless you have obtained our prior written consent.
5. USER NAME AND PASSWORD
You are responsible for all use of the Site and the Information Services made using your Unipass access certificate. You are responsible for protecting and securing your Unipass access certificate from unauthorised use. By using the Site you also accept and are bound by our Security Policy.
If you believe there has been a breach of security of your Unipass access certificate you must immediately notify the Panacea Contact Centre by email at help@panaceaifa.com
6. YOUR INFORMATION
Panacea is registered under the Data Protection Act 1998. All personal information you supply to us will be treated in accordance with that Act. We will collect and use your personal information in order to operate, enhance and provide to you the Information Services you request.
We will not pass your personal information on to any other person except to our Service Providers, where it is necessary, to enable us to provide you with the Information Services you request from us.
You may edit your personal information held by us at any time and have your information deleted from our records if this Agreement is terminated. You will update your information if it changes.
7. AVAILABILITY OF THE SITE
We reserve the right to change the content, presentation, performance, user facilities and availability of any part of the Site at our sole discretion.
Changes to the Site will come into effect immediately on posting. We do not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Site and the Information Services.
Transmission of information over the internet may be subject to arbitrary delays beyond our control which may delay the provision of the Information Services or access to the Site. You acknowledge and agree that we and our Service Providers shall not be liable to you or any third party for any costs, expenses or losses arising from such delays.
9. NON-UK ACCESS
The Site has been issued and approved by us. Unless otherwise stated, the Site is directed on a worldwide basis. Nothing included in the Site constitutes an offer or solicitation to sell investments to anyone in any jurisdiction either inside or outside the United Kingdom as any such offer, solicitation or distribution would be unlawful. None of the content on the Site constitutes any form of investment advice or recommendation by us.
10. RISK WARNING
The Information Services and the Information are only trade use only and not for the general public's use and are not intended to address your clients’ particular requirements. In particular, the Information Services and the Information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in giving (or refraining to give) any specific investment or other decisions. Appropriate expert advice should be obtained before making any such decision.
Although carefully verified, data computations are not guaranteed by us or our Data Providers or affiliates and may not be complete. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated.
Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility.
11. COMPLAINTS AND COMPENSATION
If you are not satisfied with the level of service provided to you or believe we have made an error please contact help@panaceaifa.com. We will investigate the nature of your complaint and try to resolve it. Making a complaint will not prejudice your right to take legal proceedings.
12. ACCURACY OF INFORMATION
Neither we nor any of our Data or Service Providers or affiliates make any warranties express or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Site, the Information or the Information Services and all such warranties are expressly excluded to the fullest extent permitted by law.
We, our Data and Service Providers and affiliates, may or may not hold investments in the funds, management companies and/or brokerage firm securities referred to in the Information and Information Services.
You bear all risks from any use or results of using any Information and Information Services. You are responsible for validating the integrity of any Information received over the Internet.
13. DISCUSSION BOARDS
You may place Information on the Site. We do not monitor, approve, endorse or exert editorial control over information posted by users on the Site and do not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information.
By placing Information on the Site you agree to abide by these Terms and our Discussion Board Terms and you shall not post:
(i) Any information or statement which is objectionable including, without limitation, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (including, without limit, financial services legislation);
(ii) Any information or statement which is in breach of any person's rights (including without limitation, copyright and confidentiality);
(iii) Any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful to the integrity of the Site or other users; or
(iv) Any information, statement or content posted on the Site which constitutes an advertisement or a financial promotion.
We reserve the right to remove any such information or statement from the Site without warning and to inform and give assistance to any investigative or regulatory body in respect of any content posted on the Site. We accept no responsibility for and give no warranties in connection with any information posted on the Site by users. In addition, your access to the site will be terminated immediately upon discovery of a breach of any of the above conditions.
We recommend that you do not rely on such information or statements. Any information posted on the Site by our users has not been issued or approved by us under the FSA Rules or other applicable financial services legislation.
By allowing you to place Information on the Site or making available to other users any information, you hereby grant us a worldwide non-exclusive licence to use, copy, distribute, publish and transmit such information in any manner we wish (including, without limitation, archiving and making available such information or statement as part of the Information Services).
14. INDEMNITY
You irrevocably indemnify us and our Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by us, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information, the Site, the Information Services or any part thereof or otherwise howsoever arising in relation to any breach of these Terms by you.
As a provider of access to real-time streaming of data, we offer the means to acquire said data via its online tools and products. You are not permitted to utilise third party tools, applications or services that connect to, crawl, search, bot or stream from us.
Such an indemnity shall not apply to any loss or liability to the extent that it arises or results from any contravention of the FSA Rules or of the FS&M Act by us, our Data Providers and affiliates. We reserve the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
15. HYPERTEXT LINKS
We provide hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving the Site and we therefore take no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.
16. LIABILITY
Due to the number of sources from which we obtain content and the nature of electronic distribution via the Internet neither we nor any of our Data or Service Providers, or affiliates accept any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use the Site or any of the Information Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall we be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Site or the provision of the Information Services.
We make no warranty that the Site and the Information Services are free from infection by viruses or anything else that has contaminating or destructive properties.
This provision shall not exclude or restrict any duty or liability which we have in relation to you under the FSA Rules or any liability which we may incur under the FS&M Act or under the FSA Rules in respect of a breach of any such duty.
17. TERMINATION AND CANCELLATION
This agreement is defined as an Initial Service Agreement as defined by the Distance Marketing Directive 2004. This gives you the right to cancel within the first 14 days and receive a full refund of any Subscription payment. After 14 days, the contract continues as a successive operation.
Cancellation of a Subscription Service can be made at any time either by contacting the Panacea Contact by emailing help@panaceaifa.com. On cancellation of a Subscription Service the monthly billing will be terminated at the end of the next natural billing date and access to the Subscription Service will be terminated at that time.
These Terms will continue unless terminated in accordance with the following provisions. You may terminate these Terms by giving us not less than 30 days notice and we may do the same. We may terminate these Terms and deactivate your User name and Password with immediate effect if you:
(i) Fail to make any payments due to us or any service providers;
(ii) Are in breach of any of these Terms;
(iii) You do or fail to do any act which jeopardises the continuance of the Information Services; or
(iv) Breach any of the FSA Rules, the FS&M Act or any other applicable legislation.
We will then be under no further obligation to you.
18. CONFLICTS OF INTEREST
Your attention is drawn to the fact that in respect of the Information Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to the investment or transaction concerned or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you and that there will be no obligation to account to you for any profit provided we do not contravene the FSA Rules in relation to the transaction. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement when providing investment services.
19. PRIVATE INVESTORS
The Site and the Information Services (including Subscription Services) may not be used by Private Investors. It is a site for the use of authorised firms or individuals as described in the FS&M act and FSA rules
20. ASSIGNMENT
These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer its rights and obligations under these Terms to:
(i) An appropriate company which is from time to time a subsidiary or holding company of Grantmell Ltd t/a Panacea or
(ii) Any appropriate third party engaged in the provision of information services similar to those provided by us,
on providing you with reasonable notice.
21. COMPLETE AGREEMENT
Where you use only the Information Services, these Terms together with the duly completed registration form and payment instructions (if any), the constitute whole agreement between you and us.
If you use any other services on the Site such as our Support Services, additional terms will also apply to you. You acknowledge that you have not agreed to these Terms in reliance upon any warranty or representation made by us.
Due to our commitment to updating and improving the Site and the Information Services, we may from time to time make changes to these Terms and those payment rates which will be set out on the Site.
22. GENERAL
Any notice from us to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery.
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act.
This Agreement shall be construed in accordance with and governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.
If any provision in these Terms is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of these Terms.
Neither you nor we shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control.
These Terms replace all other terms and conditions previously applicable to the use of the Site and the Information Services.
Article last updated: Mar 11, 2010
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