Terms & Conditions - PrivateEquityConnect.com

Terms & Conditions

Private Equity Connect Terms & Conditions

Important, please read all of the following:

This End User License Agreement [EULA] is a legally binding agreement between you [the User] and PEI Media Ltd [PEI Media].

PrivateEquityConnect.com [henceforth “the Site”] is published by PEI Media Ltd of Second Floor, Sycamore House, Sycamore Street, London EC1Y 0SG. By accessing the Site using the supplied username and password, you indicate your acceptance of this EULA and at which point the EULA will become a legally binding document between you and PEI Media. If you do not agree to be bound by this EULA, you may not use or access the Site and PEI Media has the right to restrict or prevent your access to the Site at any time.

The terms and conditions in this EULA were last updated on 12 December 2007 and replace all previous terms and conditions for the Site.

PEI Media will use all reasonable efforts to ensure the Site is available in its entirety and at all times for a User but may change, alter or withdraw any part of the Site at any time. Any such changes will be communicated by PEI Media to all registered Users by email.

PEI Media may also change the terms and conditions of this EULA and will notify all registered Users of such amendments by email. You should also regularly check these terms and conditions to see if any changes have been made. By using the Site after any changes to the EULA, you are agreeing to be bound by the new version of this. If you do not agree to the changes to the EULA, you should cease using the Site and contact PEI Media via email: subscriptions@privateequityconnect.com. The standard cancellation terms for the Site apply in this situation (see below).

Unless stated otherwise, all text, graphics, illustrations, data and any other material published on the Site [“Content”] is copyright PEI Media Ltd. All Site Content belongs to PEI Media or its licensors. PEI Media or its licensors own all intellectual property rights (including copyright and database rights) in the Site and any selection or arrangement of the Content.

Liability, warranty and indemnity

By using the Site, you agree that the Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by PEI Media or any of its employees and is not intended to be relied upon by Users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Site are at your sole discretion and responsibility.

Any information that you receive via the Site whether or not it is classified as “real time”, may have ceased to be current by the time it reaches you and any share price information may be rounded up/down and therefore not entirely accurate. PEI Media is not responsible for any use of the Content by you outside its scope as stated in this EULA.

PEI Media does not give any warranties in respect of the Site. To the extent allowed by applicable law, PEI Media hereby disclaims all other warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Although PEI Media undertakes to make all reasonable efforts to ensure the Site is free from infection by viruses or anything else that has contaminating or destructive properties, no warranty to this effect is given or implied.

To the full extent allowed by applicable law, PEI Media will not be liable for any losses which relate to a User’s business or investment choices or which are not a direct consequence of a User’s use of the Site (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of a User using the Site outside the scope of these terms and conditions.

In addition to, but separate from, the above specific exclusion and to the full extent allowed by applicable law, you also agree that PEI Media will not be liable to a User for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise as a result of a User using the Site outside the scope of these terms and conditions.

PEI Media is not liable for matters beyond its reasonable control. PEI Media does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties and you agree that PEI Media can therefore not be liable for any problem experienced by a User on account of faults and failures in such systems.

You agree to indemnify PEI Media, or any subsidiary or holding company as defined in section 736 and 736A of the Companies Act 1985 and their officers, directors and employees against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you for any amount over and above the annual subscription fee you paid to PEI Media for the Site. You shall not enter into any settlement or compromise of any such claim or action without the prior written consent of PEI Media and PEI Media may, at its sole discretion, assume and control the defence of any such claim or action.

Third party sites accessed via the Site

The Site contains links to other Internet Websites or online and mobile services provided by independent third parties (“Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with the Site and so may include one or several logos owned by PEI Media. PEI Media is not responsible for the availability or Content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with PEI Media. Our Privacy Policy does not apply to Third Party Sites.

Payment and charges

You agree to pay any subscription fees at the rates in effect when these charges are incurred. You must provide us with complete and accurate payment information. You can pay by either invoice or credit card. By submitting credit card payment details to PEI Media you warrant that you are entitled to purchase the licence to subscribe to the Site using those payment details. In the case of unauthorised payments and prior to payment in full of any invoice sent to you for the site, PEI Media reserves the right to suspend or terminate your access to the Site. If PEI Media does not receive payment, payment authorisation or any authorisation is subsequently cancelled, PEI Media may immediately terminate or suspend your access to the Site.

All payments made by you in relation to subscribing to the Site must be made inclusive of VAT or other relevant purchase tax, if any, or similar tax, and shall be made in full at one time. PEI Media will try to process your subscription promptly but does not guarantee that all the benefits of a subscription to the Site will be available to you by any specified time. A contract with you for receipt of the subscription to the Site will come into effect when PEI Media sends you an email confirming your subscription. PEI Media will charge you in British Pounds Sterling, United States Dollars, or Euros depending on the service and your country of residence. You may also have to pay any applicable local taxes. PEI Media will notify you of any price increases prior to you renewing your subscription to the Site. 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.

If you want to transfer your subscription to the Site to another party please contact the PEI Media Customer Service teams but please note that no refunds are available.

If you wish to cancel your subscription to the Site during your subscription period, note that no refunds are available. PEI Media will alert you in advance by email, telephone or post that your subscription to the Site is due to expire.

Permitted use

You may for your personal, non-commercial use retrieve and display Content on any compatible device, print a single copy of individual articles on paper (but not photocopy them); and store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).

Non-permitted use

You may not use any Content for any unlawful purpose. Except as expressly set out in this EULA, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Content. Without limitation, you may not do any of the following without prior written permission from PEI Media (and neither may you allow a third party to do any of the same). You may not:

1. Redistribute any of the Content; or

2. Remove the copyright or trade mark notice from any copies of Content; or

3. Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Content; or

4. Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Site for similar purposes; or

5. Use any machine, electronic, web-based or similar device to read or extract the Content by automated or machinebased means.

Linking

If you would like to link to the Site, you must read and comply with the following guidelines and all applicable laws. A Site or service that links to the Site:

1. Can display the Site logo as supplied by PEI Media but no other brand and/or logo owned by PEI Media;

2. Can not remove, distort or otherwise alter the size or appearance of the logo;

3. Can link only to the homepage of the Site unless PEI Media has otherwise given prior written permission;

4. Can not in any way imply that PEI Media is endorsing the Site or any of the products or services on that Site;

5. Must not misrepresent its relationship with PEI Media or present false information about PEI Media;

6. Must not be a Site or service that infringes any intellectual property or other right of any person or that does not comply with all relevant laws and regulations;

7. Must not be a Site or service that contains Content that could be construed as libellous, distasteful or offensive.

8. PEI Media expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate to ensure this happens.

Privacy policy and registration

All information received by PEI Media from your use of the Site will be used by PEI Media in accordance with our Privacy Policy. On registration, you must provide PEI Media with accurate, complete registration information and it is your responsibility to update and maintain changes to that information via contacting PEI Media by email: subscriptions@privateequityconnect.com.

Unless you purchase a licence for more than one individual to use the Site, each registration is for a single user only. On registration, you will be provided with your username and password (“Login details”). PEI Media does not permit any other person sharing your Login details or access through a single set of login details being made available to multiple users on a network. If PEI Media in its reasonable opinion considers the user licence is being abused in any way then PEI Media may cancel or suspend at its sole discretion your access to the Site without further obligation to you.

You are responsible for all use of the Site made by you or anyone else using your Login details and for preventing unauthorised use of your Login details. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details or any payment information, you must notify PEI Media immediately by emailing enquiries@privateequityconnect.com

If you provide the Site with an email address that will result in any messages PEI Media may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer) then you warrant that you are entitled to receive those messages. You also agree that PEI Media may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if PEI Media receives a request from a third party to stop sending messages to you.

PEI Media reserves the right, but not the obligation, to monitor any activity and Content associated with the Site. PEI Media may investigate any complaints or reported violation of the Site and this EULA and take any action that PEI Media deem reasonable and appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Site access and/or removing any materials on the Site.

Technical requirements and Site security

The Site is best viewed using the Internet browsers IE7 or Netscape 8. Any older browser versions may work but users could have limited browsing experience. Any payment information you send to us over the Internet is encrypted using 128-bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.

General points and governing law

These terms and conditions shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, you and PEI Media irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

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

This EULA (as amended by PEI Media from time to time) contains the entire agreement between you and PEI Media relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and PEI Media in relation to these matters. No oral explanation or oral information given by either party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept the terms and conditions in the EULA that you have not relied on any representation save insofar as the same has expressly been made a representation in this EULA.

If you require more information on any of the above please contact us by email at: enquiries@privateequityconnect.com or by mail at:

PEI Data

Second Floor

Sycamore House

Sycamore Street

London

EC1Y 0SG