Please read these terms and conditions carefully, they containimportant information about your rights and obligations. You can printout these terms and conditions by clicking on the print icon on yourbrowser.
1. Introduction
1.1 Please read these terms and conditions carefully before using the paid subscription services available on the website operated by Global Fund Media Limited, known as HedgeMedia ('Globalfundmedia', 'our', 'we' or 'us') (a company limited by shares number: 04353363, VAT registration number: [insert]). In particular, we draw your attention to clause16 (Liability).
1.2 By clicking on the button marked 'I Accept' at the end of these terms and conditions and/or by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then you may not use the paid subscription services on our website.
2. Nature of our website
Our paid subscription services (HMHQ) enable you to access and use our news, information and research content and professional networking services (together, the 'Services') for which you agree to pay us the subscription fee. Our website describes the current subscription fee and the Services currently available in more detail.
3. The Information Services
3.1 A part of our website provides access to our news, information and research services (the 'Information Services'). These services make news, information and research content available via our newsletter and industry research database ('Industry Research') services.
3.2 We authorise you to use the research material and content accessible on the Industry Research pages of our website in accordance with these terms, and for no other purpose.
3.3 The newsletter will be sent to you on a daily or weekly basis (as requested by you during the registration process) by email to the email address you give us during the registration process or any other address you substitute. We authorise you to use the newsletter and the information and documentation contained therein in accordance with these terms, and for no other purpose.
3.4 The authority and licence contained in these terms starts when you enter into this agreement and ends when this agreement terminates in accordance with clause7.
3.5 These services may be outside our control or provided by a third party in which case we cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these services, provided we have exercised reasonable care and diligence in the selection of such providers.
4. The HMHQ Meetings Pages
4.1 A part of the website (the 'HMHQ Meetings Pages') provides space for businesses and individuals to find and contact other professionals and businesses and to advertise their commercial or professional services, products and/or events (the 'Advertised Services'). Subscribers are permitted, subject to these terms and conditions, to post and/or upload content, such as professional services offered, contact details, experience statements, details of forthcoming events, audio and visual files, photographs or other documents and information and images (each posting or upload is referred to in these terms and conditions as a 'Posting'). Each Posting will be made on a subscriber's own personal page on our website (a 'Personal Page').
4.2 Subscribers may search the Personal Pages and Postings of other subscribers by business sector, local area, name or keyword and view Postings on the Personal Pages of any other subscriber to the extent permitted by that other subscriber by selecting from the privacy settings available on their Personal Page.
4.3 In relation to the content published on our website relating to the Advertised Services:
4.3.1 all such content, such as (but not limited to) details of prices, is provided by third party businesses and individuals and is published in good faith;
4.3.2 we do not (to the extent permitted by applicable law) accept responsibility for, or give any warranties as to the accuracy or otherwise of such content (whether published on or offline), including prices of Advertised Services which are subject to change by the third party businesses and individuals, and the use of such content; and
4.3.3 all such content is provided on an 'as is' basis and you assume total responsibility and risk for your use of or reliance on such information.
4.4 For your protection when making any Posting we strongly recommend you to:
4.4.1 avoid giving out any financial information (such as bank account details or credit card numbers);
4.4.2 alert our team immediately by clicking the 'Contact us' link if someone posts, uploads or attempts to send you such information or other personal details if you have any particular concerns about the information you have viewed or received.
4.4.3 We do not accept any liability for any loss or damage you may suffer as a result of you revealing your identity or other personal details when using the website.
4.5 For more information about how we deal with your Personal Information, please read our privacy policy
4.6 We reserve the right to review, store, copy, edit, reject, block, delay, suspend, remove or delete Postings or take down or stop access to our website and any of the Services at any time and in our sole discretion. You waive and agree not to assert any so-called moral or similar rights (whether arising under the Copyright Designs and Patents Act 1988 or otherwise) you may have in any Postings that you make. This includes waiving the rights to be identified as the author of and to prevent derogatory treatment of the Postings.
5. Postings
5.1 By posting on a Personal Page, you hereby grant to Global Fund Media a licence to publish, use, modify, publicly display, reproduce and distribute such Postings on the website or in any other media and to grant a licence to third parties to re-produce any Postings.
5.2 You must ensure that there is nothing in your Postings which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful.
5.3 Global Fund Media assumes no responsibility for monitoring any Personal Page for inappropriate content or conduct. If at any time HedgeMedia chooses, in its sole discretion, to monitor a Personal Page, HedgeMedia nonetheless assumes no responsibility for Postings, no obligation to modify or remove any inappropriate Postings, and no responsibility for the conduct of the subscriber submitting any such Postings.
5.4 You are solely responsible for the postings that you post on a Personal Page. Global Fund Media does not endorse and has no control over the Postings. Postings are not necessarily reviewed by Global Fund Media prior to publication and do not necessarily reflect the opinions or policies of Global Fund Media. Global Fund Media makes no warranties, express or implied, as to the Postings or as to the accuracy and reliability of the Postings and expressly disclaims any and all liability in connection with Postings.
5.5 You warrant that your Postings or any use we may make of them under these terms of use, and any Personal Page that you create, will not:
- violate the rights of or harm or threaten the safety of any person;
- infringe the copyright, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
- contain malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or involve the transmission of junk mail, chain letters or unsolicited mass mailing ('spam');
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- violate any applicable law, statute, rule or regulation including but not limited to any applicable distance selling and data protection requirements.
5.6 If you become aware of any Postings which contain objectionable matter please contact Global Fund Media promptly by clicking the 'Contact us' link.
6. Disclaimer
6.1 We are not responsible for any incorrect or inaccurate Postings, on our website or posted in connection with our website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Posting.
6.2 You assume total responsibility and risk for any purchases you make in connection with any commercial or professional services, products and/or events, requests or offers of financial aid or otherwise made via Postings, the Information Services or otherwise via our website (including purchases from third party businesses or individuals advertising in the Personal Pages). All such purchases are transactions solely between you and that third party business or individual. We are not a party to any such transaction and do not endorse or recommend any Products. We accept no liability whatsoever for any loss, whether direct or indirect, arising in connection with the transaction.
6.3 You agree to indemnify and keep indemnified HedgeMedia, its successors and assigns, and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims ( including reasonable legal fees) resulting in any way from your Postings or otherwise arising from your use of our website.
7. Commencement and Termination
7.1 This agreement shall commence upon receipt by Global Fund Media of cleared funds in payment of the subscription fee (the 'Commencement Date') and shall continue (unless terminated earlier in accordance with this clause 7) for one year (the 'Initial Term').
7.2 The term of the agreement shall automatically be extended at the end of the Initial Term for a successive further periods of one year (each successive one year term being an 'Extended Term'), unless a party gives written notice to the other party, not later than 14 days before the end of the Initial Term or the applicable Extended Term, to terminate this agreement at the end of that Initial Term or Extended Term. Unless terminated earlier in accordance with this clause 7, the agreement shall terminate automatically, without notice on the next anniversary of the Commencement Date.
7.3 This agreement and your access to the Services may be terminated by written notice if you are in material breach of this agreement and, if remediable, the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe you are in breach of clause 12 we may suspend your access to the Services at any time.
7.4 You may terminate this agreement and receive a pro-rata refund if we are in material breach of these terms and conditions and, if remediable, the breach is not remedied within the period of 14 days after written notice of the breach has been given to us.
8. Your Subscription
8.1 Each subscription is for a single user only. Following receipt by Global Fund Media of your subscription fee in accordance with clause 9, you will be allocated a user name and password ('login details'). You are responsible for all use of the Services using your login details and for preventing unauthorised use of your login details. If you are already a subscriber to Global Fund Media's free subscription services, your user name and password for those services will also be your login details for the Services once you have paid the Subscription Fee in accordance with these terms and conditions.
8.2 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your login details, you must notify HedgeMedia immediately by emailing info@globalfundmedia.com. If we reasonably believe that your login details are being used in any way which is not permitted by this agreement, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your login details until the issue has been resolved.
8.3 Your acceptance of these terms and conditions by clicking the 'I Accept' button represents an offer from you to purchase subscription, which is accepted by us once we have sent out our Confirmation email to you by online electronic means ('Confirmation') to the e-mail address you have given us on ordering. HedgeMedia is entitled to refuse any subscription order placed by you. The Confirmation will contain your login details. By sending you the Confirmation we make the Services available to you and except as set out in these terms and conditions you will have no right to cancel the contract before the end of your subscription once we have done so.
8.4 Global Fund Media will keep a copy of its Confirmation email to you on its files for at least 6 months after the date on which your subscription is purchased. If you would like us to send you a further copy of your Confirmation email, please request this by emailing us at info@globalfundemedia.com.
8.5 You may request that your login details or the email address relating to your subscription be changed by emailing us at info@globalfundmedia.com. We will deal with any such request as soon as possible and in any event with 15 days.
9. The Subscription Fee
9.1 To order a subscription you will need to follow the ordering procedures set out on our ordering page. The ordering procedures requires you to issue a direct debit instruction authorising payment to us of an annual subscription fee subject to the provisions of these terms and conditions. By following the ordering procedures you consent to this direct debit instruction remaining with Global Fund Media and to your details being passed electronically to your Bank/Building Society or credit card provider.
9.2 The subscription fee is payable annually in advance on the Commencement Date and each anniversary thereof by direct debit. We shall be under no obligation to provide the Services until the subscription fee has been received by us in cleared funds.
9.3 We may amend the subscription fee at any time on giving you not less than 90 days prior notice of amendment, such amendment to take effect on an anniversary of the Commencement Date. Unless we receive written notice from you not less than 14 clear days prior to the end of the Initial Term or the applicable Extended Term, your subscription will renew for an additional year at the new subscription fee.
9.4 You warrant that all details you provide to us for the purpose of purchasing a subscription will be correct, that the credit card, debit card or Bank/Building Society details which you provide are your own and that there are sufficient funds or credit facilities to cover the cost of the subscription fee. You repeat this warranty at the commencement of each Extended Term. We reserve the right to obtain validation of your credit card, debit card or Bank/Building Society details before permitting you access to the Services. If these details are not correct we reserve the right not to provide the Services to you.
10. Modifications to website
10.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including the Services and your access to them. Unless explicitly stated to the contrary, any new features including new content and/or new Services shall be subject to these terms and conditions. You shall not be entitled to any full or partial refund of the subscription fee as a result of any change, correction alteration, suspension or discontinuance of the Services.
10.2 Please note that although we try to ensure that the content of our website it accurate, it may contain typographical errors or other inaccuracies.
11. Applicability of online materials
11.1 Our website is controlled and operated by us from our offices in England. Where content published on the website, in the newsletter or via other Services is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to you purchase.
11.2 We have used our best endeavours to ensure that our website complies with English laws. We make no representations that the materials on our website are appropriate or available for use in locations outside England. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
12. Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is HedgeMedia, its affiliates or other third party licensors. All product and company names and logos mentioned on our website are the trade marks, service marks or trading names of their respective owners, including us. Commercial use or publication of all or any items displayed on our website is strictly prohibited without prior written authorisation from Global Fund Media. You may copy documents for personal use only on the condition that copyright and source indications are also copied and no amendment or editing is made and the document is copied in full. Copying for reproduction, for redistribution or other purpose of the web site or any part thereof including but not limited to text content and graphics to any other server or location including caching of any kind is expressly prohibited. The Services are licensed to the subscriber not sold to him. Some documents have been published on this site with the permission of the relevant copyright owners and permission to copy them must be requested from the copyright owners where possible. Third party sources are indicated within these documents.
13. Confidential Information
13.1 As a subscriber, you must take all reasonable precautions to prevent the disclosure and unauthorised use of the following information and you must not write down or tell anyone:
13.1.1 your login details or those of any other subscriber, should you come to know them;
13.1.2 any information which can only be accessed in the Global Fund Media HMHQ area of the website, including but not limited to the Personal Pages and the Information Services.
13.2 If you suspect that someone knows your login details, please contact us by email at info@globalfundmedia.com. Your liability will cease in relation to actions after we receive notification. If unauthorised use of your login details is due to you acting without reasonable care, fraud, your disclosure to someone else or misuse, you will be liable for any loss caused.
13.3 We reserve the right to suspend your access to the Global Fund Media HMHQ area and to the Services at any time at our discretion, including for the following reasons, namely, if:-
13.3.1 incorrect login details were used to attempt to access your account; or
13.3.2 we suspect an unauthorised person is attempting to access your account.
14. Linked sites
Global Fund Media makes no representations whatsoever about any other websites which you may access through our website or any Services or which may link to our website. When you access any other website you understand that it is independent from Global Fund Media and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that HedgeMedia endorses or accepts any responsibility for the content, or the use of, such a website and HedgeMedia shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
15. Availability of our website
We will try to make our website and the Services available but cannot guarantee that our website and the Services will operate continuously or without interruptions or be error free and we can accept no liability for their unavailability. You shall not be entitled to any full or partial refund of the subscription fee as a result of such interruption or error. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
16.1 We may permit users of our website to post information on products, services, funding and other opportunities and activities. Any purchase from, or entry into arrangements with, another party in respect of any product, service, funding or other opportunity or activity advertised or promoted on our website is made solely between you and that party (referred to below as the 'Promoter'). To the extent permitted by law, we accept no liability in relation to any rights, claims or otherwise which you may have as a result of or in connection with viewing any product or service description, funding or other opportunity or activity advertised or promoted on our website.
16.2 In particular, in relation to any promotion or offer made by a third party Promoter on our website, we make no representations or warranties that:
16.2.1 the Promoter has the right to make the offer to you;
16.2.2 the subject matter of the offer or promotion will correspond with the description provided on our website;
16.2.3 the subject matter of the offer or promotion will be of satisfactory quality;
16.2.4 the subject matter of the offer or promotion will be fit for any specific purpose for which you have bought it; or
16.2.5 the subject matter of the offer or promotion will be delivered to you in any particular way, on any particular date or subject to any particular conditions.
16.3 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our website or any products or services or information appearing on it (including but not limited to the Services).
16.4 We accept no liability for any loss or damage arising out of or in connection with the viewing, use or performance of the Services, our website or its contents (except where we have been negligent), or for any indirect loss or damage which results from the incident that caused you to claim, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable, whether due to inaccuracy, error, omission or any other cause and whether on the part of HedgeMedia or our servants, agents or any other person or entity.
16.5 If we are liable to you for any reason, our liability will be limited to the subscription fee paid in respect of your subscription. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
16.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Services and our website and is compatible with the Services and our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
16.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
17. General
17.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.3 These terms and conditions together with the privacy policy, any subscription ordering form and payment method instructions, if any, are the whole agreement between you and Global Fund Media in relation to the Services. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Global Fund Media or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.
17.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.5 These terms and conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts.
17.6 Except in respect of a payment obligation, neither you nor Global Fund Media will be held liable for any failure to perform any obligation to the other due to causes beyond your or Global Fund Media's respective reasonable control.
17.7 Failure or delay by either party in enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
17.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
18. Notices
18.1 All notices shall be given:
18.1.1 to us via e-mail at info@globalfundmedia.com or by post at Picketts Mead, High Street, Cowden, Kent TN8 7JH; or
18.1.2 to you at either the e-mail or postal address you provide during any registration process.
18.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three business days after the date of posting.
19. Replacement
These terms and conditions replace all other terms and conditions previously applicable to the Services. They are additional and complementary to any other terms and conditions available elsewhere on our website and applying to the use of our website generally or to other services found on our website.
