1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Authorised User” means persons within your organisation listed in a multiple user licence as agreed by the parties;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Free Content” means any Content that is accessible without the payment of a Subscription Fee;
“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
“Service” means collectively any online facilities, tools, services or information that Risky Finance Ltd makes available through the Website either now or in the future;
“Subscription Fee” means the sum of money paid by Users at monthly or annual intervals to keep their Account active and to enable them to access Paid Content;
“Subscription Period” means the period for which a subscription has been purchased and may refer to one month or one year accordingly;
“System” means any online communications infrastructure that Risky Finance Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Risky Finance Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (https://riskyfinance.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
You or Your: Means the person using our website either via free registration or paid subscription. Where the context requires, this includes Authorised Users.
“We/Us/Our” means Risky Finance Ltd, a limited company registered in England under 09598274, whose registered address is Acre House, 11-15 William Road, London NW1 3ER.
- Intellectual Property
2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data tools, page layout, underlying code and software is the property of Risky Finance Ltd, or has been licensed by us. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 We recognise that users may want to share our content with others. We therefore permit limited redistribution of our content provided that this does not create a Substitute for Risky Finance’s own products or services. We define a Substitute as a product or service that reduces the need for users or other third parties to pay for Our content directly, or creates revenues from our content to the detriment of our ability to generate revenues from that content.
- Use of Free Content
Registered users are permitted to access free content on our Website for personal use subject to the conditions in this clause. Specifically you agree that:
3.1 For personal use (including research and private study) only, you may:
3.1.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
3.1.2 Download Our Site (or any part of it) for caching;
3.1.3 Print no more than one copy of any given page from Our Site;
3.1.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
3.1.5 Save pages from Our Site for later and/or offline viewing.
3.2 You may not use any content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. For further information, please contact Us at firstname.lastname@example.org.
3.3 You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;
- Use of Paid Content
4.1 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content , in particular data visualisation tools, in the following ways:
4.1.1 for personal purposes;
4.1.2 for commercial purposes; and
4.1.3 for educational purposes.
4.2 Under such a licence, we agree that:
4.2.1 We warrant that you will not infringe any third party intellectual property rights. If we publish third party data under licence, you may use this data subject to the terms provided by that third party as published on our website.
4.2.2 We make reasonable efforts to ensure that any data files downloaded from our site our virus-free, and we provide a secure connection to help protect data transmission from cyber attacks.
4.3 Under such a licence, you agree that:
4.3.1 You are responsible for configuring your computer systems and network such that you are able to access Paid Content, and in particular that your browser is able to run our visualisation software (“scripts”). Not withstanding clause 4.2.2, you should run your own virus protection software.
4.3.2 You will not systematically copy, scrape or download Paid Content from the Website with a view to creating, compiling or hosting any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;
4.3.3 You will only access content within a single logged-in browser session at a given time. If your commercial purposes require more than one user to access Content simultaneously, you should contact us regarding multiple user licenses at email@example.com.
4.3.4 If you have a multiple user licence with us, you warrant that Authorised Users under this licence will comply with these Terms & Conditions. If you wish to change Authorised Users you will inform us, and you will not permit previously Authorised Users to continue accessing our service.
4.3.5 We reserve the right to electronically audit and monitor your usage of our content for quality control purposes and to ensure compliance with these terms.
- User Content
5.1 A subscription is required if you wish to submit User Content to Our Site. For terms and conditions pertaining to Subscriptions, please refer to Clause 10.
5.2 If you wish to submit User Content to Our Site, you agree that you will be solely responsible for that User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 7.
5.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
5.4 You retain the ownership of your User Content and all intellectual property rights subsisting therein. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating or promoting Our Site. Other Users may also cite or quote your User Content within Our Site in accordance with the provisions of Clause 5.
5.5 We may reject, reclassify, or remove any User Content submitted to Our Site where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Risky Finance Ltd. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.
- Acceptable Usage Policy
7.1 You may only use Our Site (including, but not limited to, the submission of User Content) in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
7.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
7.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
7.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
7.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
7.3.3 issue you with a written warning;
7.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
7.3.5 take further legal action against you as appropriate;
7.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.7 any other actions that We deem reasonably appropriate (and lawful).
7.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- Links to Our Site
8.1 You may link to Our Site provided that:
8.1.1 You do so in a fair and legal manner;
8.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
8.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2 You may not link to any page other than the homepage of Our Site, Riskyfinance.com. Deep-linking to other pages requires Our express written permission.
8.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
8.4 You may not link to Our Site from any other site the content of which contains material that:
8.4.1 is sexually explicit;
8.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.4.3 promotes violence;
8.4.4 promotes or assists in any form of unlawful activity;
8.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.4.7 is calculated or is otherwise likely to deceive another person;
8.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
8.4.10 implies any form of affiliation with Us where none exists;
8.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
8.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.1 In order to access Paid Content on this Website and to use certain other parts of the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
- Subscriptions and Cancellation
10.1 Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation and at intervals thereafter until you cancel your recurring subscription under sub-Clause 10.7.
10.2 Your first payment will be at the price advertised on the Website. Risky Finance Ltd reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
10.2.1 Changes in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit Our Subscriptions page https://riskyfinance.com/plan.
10.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email will there be a binding contract between Risky Finance Ltd and you.
10.4 Subscription confirmations under sub-Clause 10.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:
10.4.1 Confirmation of the subscription including full details of the main characteristics of the Paid content available through your subscription;
10.4.2 Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;
10.4.3 The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
10.4.4 A confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 10.5.
10.5 Provision of Paid Content shall commence immediately upon Our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Risky Finance Ltd as detailed below in sub-Clause 10.6.
10.6 You may cancel at any time after subscribing, however subject to sub-Clause 10.8, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.
11.1 Either Risky Finance Ltd or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
11.3 If We terminate your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
11.4 If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.
11.5 If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period as per sub-Clause 10.7.
11.6 We may in exceptional circumstances cease to publish Riskyfinance.com, Risky Finance content or cease to provide subscription services. We will give you at least 30 days notice of this, if possible. We will attempt to refund unused portions of annual subscriptions, if possible. If we do so, then we will have no further obligation to you.
12.2 Information we collect:
12.2.1 For Free Users, we collect data upon registration including name, email and company. We automatically collect data on your usage of the site including IP address, geographical location and browser type.
12.2.2 For Paid Users, we collect data upon subscription payment including name, email address, company and job title. Billing information is retained by our Payment Processor and other than your payment status, this data is not shared with us. We may also request information if you ask for help or have a problem with our site. We automatically collect data on your usage of the site including IP address, geographical location and browser type.
12.2.3 Our site contains cookies which are small files saved in the browser of your computer or device when you visit our site. Cookies enable our site to recognise you as a subscriber or registered user of the site, to monitor the performance of our site, or for advertising purposes.
12.3 Risky Finance takes appropriate steps to maintain confidentiality of user information. We provide a secure (SSL) connection for transmission of data from our site to and from your browser.
- How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
13.2 We may use your personal information to:
13.2.1 Provide Our Service to you;
13.2.2 Process your payments to Us; and
13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
13.2.4 We may provide aggregate, anonymised information about our users to advertisers, such as traffic and usage data. We will not provide your personal information to advertisers except as part of an additional service or event that requires you to explicitly agree to such disclosure beforehand.
13.2.5 You may disable cookies by changing the relevant options in your browser settings. This may interfere with your access to our site.
- Legal Rights and Disclaimers
14.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
14.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of Our service.
14.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.4 Commercial use of the information on this Website is permitted, however We make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
14.5 When providing digital content to customers (in this instance, the Paid Content), We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.6 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14.7 The opinions, views, and values expressed in content on Our Site are those of the authors of that content and do not necessarily represent Our opinions, views, or values.
- Availability of the Website and Modifications
15.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Application Program Interface (“API”) failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
15.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where any Paid Content is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Limitation of Liability
16.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
16.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.
16.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
16.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 14.7, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
16.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
16.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Risky Finance Ltd.
20.1 All notices / communications regarding these Terms & Conditions shall be given to Us by email to email@example.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please opt out by clicking on the “unsubscribe” link on any email you receive from us.
- Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.