Terms of Use


Terms and conditions of use of www.acclimatise.uk.com

Please read these Terms and Conditions of Use (“T&Cs”) relating to your use of the Acclimatise website (the “Website”). By accessing our Website, you accept these T&Cs in full. Acclimatise reserves the right to change, modify, remove or substitute without notice any information shown on this website (including these T&Cs) and it is your responsibility to ensure you are aware of any changes. You should not use our Website if you disagree with any part of these T&CS.

Definitions

In these T&Cs the following terms shall have these meanings:

“Acclimatise”, “We”, “our” and/or “us” means Acclimatise Group Ltd.

“Content” means materials and data contained on this Website, all services, products and documents available for online access or download from this Website together with any data collected by the Website.

“Data” means information contained in:

a) any of the materials; or

b) any service or product which the client has selected to be supplied by Acclimatise. The expression “data” also includes any software (whether or not proprietary) used by Acclimatise as part of any product for processing the information contained in it.

“EDS” stands for “Electronic Data Storage” and means any automated mode of storing accessible data whether or not digital, including computer and mobile device hard drives, PDFs, ROM files, tapes, CDs, diskettes, DVDs or any other means of storage of information excluding physically printed data.

“Materials” means publications, services and/or information available from Acclimatise. “User” means online users of the website.

“Username and password” means any unique identifier that enables you to access restricted areas of our site.

“Website” or “site” means our website at www.acclimatise.uk.com

Who we are

The Website is owned and operated by Acclimatise Group Limited (“Acclimatise”). Acclimatise Group Limited is a company incorporated and registered in England and Wales at Companies House as Acclimatise Group Limited 5290210, VAT number GB 853131351. Its registered office is at 14 London Road, Newark, Nottinghamshire, United Kingdom, NG24 1TW. Acclimatise is the trading name for Acclimatise Group Ltd. All references to Acclimatise should also be construed as referring to Acclimatise Group Ltd. All rights reserved.

How to contact us

If you have any questions about this Website or relating to these T&Cs please contact us by email at helpdesk@acclimatise.uk.com, by telephone Tel: +44 (0) 2920 450688 or by post at the following address Acclimatise, Pascoe House, 54 Bute Street, Cardiff Bay, Cardiff, CF10 5AF.

Content

All intellectual property rights in all the materials and data contained on this Website, all services, products and documents available for download from the Website together with any data collected by the Website (the “Content”) including but not limited to patents, copyright, database right and trademarks belongs to Acclimatise, except were expressly stated to the contrary.

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Acclimatise. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Acclimatise.

You may access and view the Content and may retrieve and display Content from the Website on a screen and/or print (but not photocopy) individual pages on paper and/or store such Content in electronic form on your computer’s local hard-disk or any other EDS device for your personal, non- commercial use only.

You may not otherwise copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission.

Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any part of any material, data, service and related product shall vest in Acclimatise and you hereby assign all such rights arising to Acclimatise.

You may not use the names ‘Acclimatise’, ‘Acclimatise Aware’, ‘Acclimatise Interactive’ or any similar name in any manner, except as expressly set out in these Terms and Conditions or as agreed in writing by Acclimatise.

Images used on this website:

Warranty and liability

The Content on this site is provided on an “as is” and an “as available” basis and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Acclimatise disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Acclimatise does not warrant that the functions contained in the Content will be uninterrupted or error-free and does not accept any responsibility for any mistakes, errors or other deficiencies in the Website and the Content and disclaims all liability in respect of your use of the Website and the Content to the fullest extent possible in each and every applicable jurisdiction.

Neither Acclimatise nor any third party content providers shall be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. The Content on this Website and in Acclimatise’s services and related products is for general information purposes only. The Content is provided by Acclimatise and from sources which Acclimatise believes to be reliable and whilst every endeavour is made to keep the information up-to-date, complete and correct, no representations or warranties are made of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Contents, services and related products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Shareholders, directors, officers and/or employees, may have a position in the companies and securities discussed in the Content and in the services and related products. The companies and securities mentioned may not be eligible for sale in some states or countries, or suitable for all types of investors; their value and the income they produce may fluctuate and/or be adversely affected by exchange rates. The Content on this Website site and in any services and products, including news, quotes, data and other information, is provided by Acclimatise and any relevant third party content providers for your personal information only, and is not intended for trading purposes. Content on this Website is not appropriate for the purposes of making a decision to carry out a transaction or trade. Nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products. Acclimatise will not be liable for any loss or damage caused by a reader’s reliance on information obtained in any of our services, products, materials and data, email correspondence, or on this Website. Users of this Website are solely responsible for their own investment decisions. Acclimatise’s opinions and analyses are based on sources believed to be reliable and are written in good faith, but no representation or warranty, expressed or implied, is made as to their accuracy or completeness. Acclimatise is not authorised for the conduct of investment business (as defined in the Financial Services and Markets Act 2000) and the Content on this Website and services and products provided are not intended as, and shall not constitute, investment advice.

We do not warrant or represent that the Website or its content is free of viruses, worms or other code that might be contaminating or destructive, or that the operation of the Website will be uninterrupted or error free.. Any Content that you download or otherwise obtain through the Website is at your own discretion. You will be solely responsible for any damage to your computer or any of your data that results from you downloading any of the Content.

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Acclimatise be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Contents and services and related products on this Website, even if Acclimatise or an Acclimatise authorised representative has advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Acclimatise’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Acclimatise, if any, for using this Website or the purchase of services and related products.

Indemnity

You agree to indemnify, defend and hold Acclimatise, its affiliates and any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

. a)  your breach of this agreement; and/or

. b)  your activities in connection with this website.

Links to other websites

The Website may contain links or references to, or content from, other Websites that are provided by independent third parties either directly or indirectly through use of web feeds or channels. The availability of such third party material does not constitute any form of recommendation, endorsement or publication of such third party material by Acclimatise. Any complaints that you have about the third party material should be taken up with the relevant third party. You may not link to this Website without prior written permission from Acclimatise. We reserve the right to withdraw any of these links at any time.

Your privacy

Acclimatise takes your privacy very seriously. This Website and Acclimatise is operated in accordance with the relevant provisions of data protection legislation in force in the United Kingdom.

We do not collect personal information about visitors to this web site unless it is provided voluntarily. If you send email enquiries to acclimatise, your personal information, including your email address, will be used only for the purpose of responding to your enquiry, and will not be shared with third parties. Such information may be retained for the purpose of tracking the types of questions received by acclimatise.

We collect and maintain statistics about use of this web site which helps us track the total number of visitors to the site and to specific parts of the site. These statistics are used to better serve our customers, and do not include personal information about individual visitors.

We may seek to store information (commonly known as “cookies”) on your computer when you look at or use this web site. The cookie allows us to make the web site more efficient for you and to manage web site surveys that we conduct. The surveys will not involve sensitive personal data and the cookies will not be used for any other purposes. If you wish, you may instruct your internet browser to prevent cookies from being used and to delete existing cookies. Please refer to the help guide for your browser for further guidance.

Services and products

Copyright in any service or product that is made available from the Website belongs to Acclimatise and your use of such service or product is governed by the terms and conditions agreement that is included with the service or product. You must not access or use any service or product unless you agree to the terms of such an agreement.

Access to services or products

To access some of the services or products on this Website it is necessary to make a payment. Where a payment is required for a service or product, this will be clearly stated on relevant Website pages together with details of pricing, whether the purchase is time-limited subscription-based or a single one-off payment. In order to purchase products and associated services you must provide complete and accurate payment information. By submitting payment details you are confirming that you are entitled to make a purchase. Unless otherwise stated the price excludes Value Added Tax (VAT). VAT at the UK prevailing rate will be added to your purchase through a self-declaration basis and if you meet the following conditions: you are a UK customer and the service will be used within the EU, or you are non-EU customer but the service will be used in the UK. If it comes to our attention that you have not declared your correct VAT status, we have the right to suspend your account until you have discharged your VAT obligations according to UK law or the country in which you are using the service. Acclimatise also reserves the right to inform Her Majesty’s Revenues and Customs (HMRC) of any violations of UK VAT law.

For payments made with a credit or debit card, Acclimatise will use all reasonable efforts to safeguard the confidentiality of your credit or debit card details through the use of proprietary payment processing web pages provided by Acclimatise’s payment processor, WorldPay. However, “faultless” security does not exist on the Internet. Your credit card number and contact information will be provided to Acclimatise’s payments processor WorldPay at the time of purchase. WorldPay has its own privacy and data collection practices and Acclimatise has no responsibility or liability for these independent practices. Details of WorldPay can be found at (http://www.worldpay.com/).

Restrictions on use

Where you have been issued with, or set your own, password you will not share this password with others. Your password may be used on multiple computers – at home, in the office, whilst travelling – but only computers for your own use. A password is for one person’s use. Password sharing is a breach of our T&Cs and when discovered will result in additional purchase costs being levied.

Refunds

Acclimatise’s refund policy is compliant with the requirements set out under UK legislation. Details of the refund policy with regard to the purchase of services and products are defined in the terms and conditions agreement that is included with the service or product and made available to purchasers before they commit to purchase.

Acclimatise network members

New Website users may apply to be an Acclimatise Network member by registering their details on the Acclimatise Website or by providing their details by email, telephone or fax. The decision to accept you as a Network member is made at the absolute and sole discretion of Acclimatise. Acclimatise need not give any reasons for not allowing you to become a Network member.

All Network members undertake to:

a) ensure that the information that Acclimatise holds about you and your organisation is current, honest and accurate; and

b) keep any username name, password or code secure and not disclose them to any third parties not authorised to access Content and/or software and related products.

Other matters

If any provision of these T&Cs 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 this notice, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these T&Cs does not constitute a waiver of that right or remedy.

Any agreement formed on these Terms and Conditions is personal to you. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. Nothing in these Terms and Conditions constitutes a partnership or agency relationship or joint venture between parties.

Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in the future.

Should any disagreement arise between us, if we both agree, we will first try to settle it by mediation procedures through accredited, independent mediators.

These T&Cs shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of Acclimatise’s copyright or non-payment of Acclimatise’s invoices where it will be non-exclusive.