Terms & conditions

Introduction

This document sets out the terms and conditions on which Arete Consulting Limited (ACL) provides access to the online database of Structured Retail Products (the "Database") to be found at the web address www.StructuredRetailProducts.com.

Users of the database who register for the service are bound by these terms and conditions as set out below.

1. Definitions

  1. "ACL" means Arete Consulting Limited
  2. "Customer" means a company that has contracted with ACL for access to the Database
  3. "Database" means the data provided in the online database of Structured Retail Products at the web address www.StructuredRetailProducts.com
  4. "Services" means the services to be provided by ACL as set out below.

2. Services

Subject to the terms of this document, and subject to compliance by the Customer with these terms, ACL shall:

  1. provide access to the Database
  2. use its best endeavours to ensure that the Database is updated regularly to maintain the integrity and validity of the data held within it

3. Intellectual Property

All intellectual property rights of whatever nature (including, without limitation, copyright, design rights and know-how) in all material and information provided by ACL in the provision of the services shall remain the property of ACL, with the exception of third party previously copyrighted documentation.

4. Liability

ACL accepts no liability for the use of the information provided in the Database. In particular ACL shall in no event be liable to the Customer for:

  1. economic loss (which includes loss of profit, business, goodwill, revenue or anticipated savings)
  2. loss arising from any claim made against the Customer by a third party
  3. special indirect or consequential loss or damage
  4. loss or damage arising from the Customer's failure to comply with its obligations to ACL or any matter under the control of the Customer
  5. without limitation, loss of, incorrect or spoiled data or information or the consequences of any of the foregoing.

Whilst ACL will make all efforts to maintain the integrity and completeness of the Database, it makes no warranty as to the accuracy or completeness of the Database. The information held in the Database is taken from sources that ACL deems reliable but no guarantee is made that the information is complete or accurate and it should not be relied upon as such.

5. Confidentiality

The Customer agrees to keep confidential all data held in the Database and shall not divulge this information to any third party without the written consent of ACL.

ACL acknowledges that Customers may, on an ongoing basis, provide certain commercially confidential information for inclusion in the database. ACL agrees to keep such information confidential both during and after the termination of any contract for access to the Database. ACL furthermore agrees that such information will not be divulged to any third party or any employees of ACL unless such employee is directly involved with working on the Database. In such cases, ACL shall ensure that any such employees are aware of and comply with these obligations as to confidentiality.

The obligations contained in this clause do not apply to information which:

  1. is at the time of disclosure or subsequently becomes public knowledge otherwise than through breach of such obligations
  2. is already in the possession of ACL
  3. is disclosed to ACL by a third party without breach of any undertaking as to confidentiality

For the avoidance of doubt, the Customer agrees that ACL may use the name of the Customer as a reference in connection with the business of ACL.

6. Privacy Policy

ACL is dedicated to protecting your privacy as a customer using our website and the confidentiality of the information you supply to us. Our use of your personal data will always be in compliance with UK data protection legislation.

We gather personal data from you for a number of reasons. These include carrying out the services described above and monitoring and improving our service generally.

All personal information held by ACL pertaining to Customers, such as name, address, e-mail address, will be kept confidential and not supplied to any third party.

We may use cookies to store information which will enable us to identify whether you are registered on the site and, if so, to shortcut your access to the site. We will read only cookies from your cookie file through your web browser's interaction with the site.

Our site may link to other websites and we are not responsible for their data policies, procedures or content.

We endeavour to take all reasonable steps to protect your personal data. However, you accept that due to the nature of the Internet, this security cannot be guaranteed and you will not hold us responsible for any breach of security unless we have been negligent or are in wilful default.

7. Charges and Payment

ACL may require the Customer to pay a charge in order to access the Database. Any such charge shall be at a rate agreed between ACL and the Customer and may be varied form time to time.

All sums payable by the Customer are exclusive of any applicable value added tax which shall be paid by the Customer at the rate and as prescribed by law.

ACL shall be entitled to interest on amounts outstanding after due date of payment at a rate of 2% above the base rate of the Bank of England.

8. Termination

ACL shall be entitled by notice to the Customer to terminate the provision of the services forthwith if the Customer fails to pay any sum due to ACL and such sum remains unpaid for 14 days after ACL has given notice to the Customer that such sum remains unpaid.

Either party shall be entitled by notice to the other to terminate provision of the services forthwith if the other:

  1. commits a serious breach of any term of these Terms and Conditions and within 14 days after having been given notice by the other party of the breach fails to remedy the breach or tender to the other party reasonable compensation for the breach
  2. being a company presents a petition or has a petition presented for its winding up or convenes a meeting to pass a resolution for the voluntary winding up or has an administrative receiver appointed of all or part of its assets or undertaking or has a petition presented for an administration order to be made in relation to it or calls a meeting of, or enters into any composition or arrangement with its creditors or ceases to carry on business.

Upon termination, the Customer shall cease to access the Database and pay immediately any sums still due to ACL.

9. Cancellation

The Customer may notify ACL, upon written notice, that it wishes to cancel access to the Database. Cancellation takes effect on the day on which ACL receives such written notice.

If a Customer cancels its access to the Database, then the Customer must cease to access the Database and all outstanding sums due to ACL must be paid immediately.

10. Refund Policy

Our refund policy is set out below:

Cancelling a subscription

If you decide to cancel you subscription we will refund the remainder of the period on a pro rata basis. To cancel a subscription simply call us on +44 (0)208 347 0203.

Upgrading and downgrading

If you choose to change your subscription package then we will refund the remaining portion of your current package and charge you the new rate for the new package. To change your subscription package call us on +44 (0)208 347 0203.

11. Use of Information

The data held in the Database is made available to Customers for their own use. The information, including all data, analyses, reports and charts may not be reproduced without the written consent of ACL. Furthermore, where such consent is given, ACL must be acknowledged as the source of the information.

Information held in the Database may not be made available to third parties either free of charge or for a fee, either alone or as part of another service offered by the Customer, without the written permission of ACL.

12. Security

ACL will make best its endeavours to ensure that the information held in the Database is secure by using technical security features.

In addition, access to the Database will be provided only to registered users who have been provided with a user name and password. Customers are obliged to ensure that their username and password are not revealed to any third party including, for the avoidance of doubt, any other employees of their company or Group of companies.

Customers are obliged to notify ACL immediately in the event that an employee with access to the Database ceases to be employed by the company.

13. Force Majeure

Except in the case of payment and indemnity obligations, neither party shall be under any liability whatsoever for the non-performance of its obligations caused or resulting from any circumstances beyond its reasonable control (including without limitation in the case of ACL, telecommunications failure or computer breakdown) and if any such circumstances prevent due performance of that party's obligations then performance of such obligations shall be suspended for the duration of the circumstances.

14. Assignment

Neither ACL nor the Customer may sub-license, assign, transfer or in any way dispose of its obligations under this document or any contract, without prior written consent of the other party (which consent shall not be unreasonably withheld or delayed).

15. Entire Agreement

These Terms and Conditions provided for the provision of the services shall constitute the entire agreement and understanding between the parties.

16. Notices

Any notice to be given in relation to this document shall be sent in writing and may be sent by first class post to ACL at the address provided on the website. A notice so sent shall be deemed to be served 48 hours following the time of posting.

17. Law

These terms and conditions shall be governed by and construed according to the laws of England.