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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").

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;
"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;
"Service Providers"
those third parties who support us in the provision of Information Services (including Data Providers);
"Site"
means our internet website located at www.surbiton.com operated and maintained by us or our agents and/or such other websites as we may notify you from time to time;
"Username and Password"
the user name and password included on your registration form which is used by you to access the Site and Information Services.

Parties

'Surbiton.com, our, us or we'
means Surbiton.com.
'you, your or yourself'
means you, the person specified as the user in the registration form.

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.

Username and Password

You are responsible for all use of the Site and the Information Services made using your Username and Password, whether or not the use is made by you or someone else using your Username and Password. You are responsible for protecting and securing your Username and Password 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 Username and Password you must immediately notify Surbiton.com.

Your Information

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.

You agree that we may disclose to any regulatory authority that is empowered to require such information by or under any legal enactment, any information they may request or require relating to you or our Information Services.

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.

Forums

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:

  • 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);
  • any information or statement which is in breach of any person's rights (including without limitation, copyright and confidentiality);
  • 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
  • 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.

We recommend that you do not rely on such information or statements. Any information posted on the Site by our users have 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).

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.

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 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.

Cookies

When you view the Site, we may store some information on your computer. This will be in the form of a cookie file and other tracking software such as Google Analytics (referred to here as “Cookies”). To enable us to provide the services available on the Site and to monitor and improve the Site, we may gather certain information about you, including details of your operating system, browser version, domain name and IP address, the details of the web site you linked from to the Site. We may use cookies only to store information such as your User name and your session identifiers to enable us to identify whether you are registered on to the Site and, if so, to shortcut your access to the Site. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Site. Third party advertising cookies: some of the advertisements you see on this site are generated by third parties. Some of these third parties generate their own “anonymous cookies”, for the same reasons we do: to track how many unique users have seen a particular ad, and how many times they have seen it and provide you with advertisements that are more relevant to your interests. Additionally, the companies that generate these cookies have their own, very strict, privacy policies but we don’t have access to these cookies; other than allowing them to be served, we have no role to play in these cookies at all. You can opt-out of being tracked by Google Analytics here.

General

Any notice from us to you may be delivered by email 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.

User Content Submission Guidelines

The following guidelines are for everybody's benefit. By posting content on Surbiton.com, you agree to adhere to these Terms.

  • Your username and password must only be used by you, keep them safe. If a posting is made using your username and password it will be considered to have been posted by you. If you have a friend who wants to use our site and post messages on the site, show them how to register.
  • Be courteous at all times, inciting racial hatred, posting abusive, obscene, threatening, harassing, defamatory, libellous or sexually explicit material or any material that is found to be offensive is not acceptable and we may suspend your username and password.
  • Retaliating to offensive posts causes more problems for other users on the discussion boards. Just report such messages to us using the Feedback link which is available at the top of every page. We will act on every report we receive.
  • Please respect other people's work and do not post material that infringes other's copyright.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law. You should only post material that you know to be public knowledge. If you have any doubts do not post it on the site.
  • Never attempt to gain unauthorised access to any area of the Site. This is known as hacking. It is also illegal.
  • The content of the content posted represents the opinions of the author, and does not represent the opinions of Surbiton.com or its affiliates and has not been approved or issued by Surbiton.com. You should be aware that the other participants of Surbiton.com are strangers to you and may make statements which may be misleading, deceptive or wrong.
  • Help keep Surbiton.com a safe place for information and opinion. Please alert us of any anti-social behaviour as described above.