This agreement applies as between you, the User of this Web Site and The Risk Advisory Group (Holdings) plc, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“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 Web Site;
“TRAG” means The Risk Advisory Group (Holdings) plc, 3 More London Riverside, London, SE1 2QA;
“Service” means collectively any online facilities, tools, services or information that The Risk Advisory Group makes available through the Web Site either now or in the future;
“Premises” Means our place(s) of business located at 3 More London Riverside, London, SE1 2QA;
“System” means any online communications infrastructure that The Risk Advisory Group makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by The Risk Advisory Group and acting in the course of their employment; and
“Web Site” means the website that you are currently using (http://www.riskadvisory.net, http://www.riskadvisory.co.uk) and any sub-domains of this site (e.g. subdomain http://www.riskadvisory.net/home ) unless expressly excluded by their own terms and conditions.
2. INTELLECTUAL PROPERTY
Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Risk Advisory Group, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Risk Advisory Group.
3. THIRD PARTY INTELLECTUAL PROPERTY
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
4. LINKS TO OTHER WEB SITE
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Risk Advisory Group or that of our affiliates. We assume no responsibility for the content of such web sites 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 Web Site does not imply any endorsement of the sites themselves or of those in control of them.
5. LINKS TO THIS WEB SITE
6. USE OF COMMUNICATION FACILITIES
6.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
6.1.1 You must not use obscene or vulgar language;
6.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 You must not submit Content that is intended to promote or incite violence;
6.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
6.1.6 You must not impersonate other people, particularly employees and representatives of The Risk Advisory Group or our affiliates; and
6.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 You acknowledge that The Risk Advisory Group reserves the right to monitor any and all communications made to us or using our System.
6.3 In order to use the enquiry form and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
6.3.1 Any information you submit is accurate and truthful; and
6.3.2 You will keep this information accurate and up-to-date.
8.1 The Risk Advisory Group makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
8.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
8.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only
8.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from The Risk Advisory Group correspond to the actual products and / or services, The Risk Advisory Group is not responsible for any variations from these descriptions.
8.5 The Risk Advisory Group does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
9. AVAILABILITY OF THE WEB SITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Risk Advisory Group accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, The Risk Advisory Group accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
10.2 Nothing in these terms and conditions excludes or restricts The Risk Advisory Group’s liability for death or personal injury resulting from any negligence or fraud on the part of The Risk Advisory Group.
10.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, 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.
11. 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.
12. 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.
14. LAW AND JURISDICTION
These terms and conditions and the relationship between you and The Risk Advisory Group shall be governed by and construed in accordance with the Law of England and Wales and TRAG and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
By accessing the Terrorism Tracker site, http://www.terrorismtracker.com (“the Site”) or by otherwise accessing any content found on this web site or other digital application published by The Risk Advisory Group plc (each a “Digital Application”), you are entering into a contract with The Risk Advisory Group plc (“The Risk Advisory Group”) and agree to the terms that follow.
The Site is owned and operated by The Risk Advisory Group the registered address of which is 3 More London Riverside, London, SE1 2QA, United Kingdom.
In addition to the above this agreement covers the following matters:
- Intellectual property
- Use of Terrorism Tracker content
- Registration, passwords and responsibilities
- Changes to the site
- Liability and indemnity
- Force majeure
- Term and termination
- Governing law and jurisdiction
These terms were last updated on 30th January 2014
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “Terrorism Tracker Content”), is copyright of The Risk Advisory Group and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as “The Risk Advisory Group” name or logo or other trade names appearing on the Site) for any reason without written permission from The Risk Advisory Group. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
USE OF TERRORISM TRACKER CONTENT
Terrorism Tracker Content is for your personal use and for your use in discharging a role or function within your business or organisation.
You may retrieve and display Terrorism Tracker Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal use and for your use in discharging a role or function within your organisation.
You must not however use Terrorism Tracker Content directly or indirectly in whole or in part in any product, communication, presentation, training or training materials which are given, sold or otherwise provided to individuals, groups, companies or other organisations for commercial gain.
You may use Digital Applications only on devices for which they were intended and on no more than three separate devices.
Except as permitted above, you may not reproduce, modify or in any way commercially exploit any Terrorism Tracker Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Risk Advisory Group plc:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Terrorism Tracker Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Terrorism Tracker Content (including as part of any library, archive or similar service) without the prior written consent of The Risk Advisory Group; or
- remove the copyright or trademark notice from any copies of Terrorism Tracker Content made under these Terms.
Any use of Terrorism Tracker Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the General Counsel, Risk Advisory Group plc, at the above registered address.
REGISTRATION, PASSWORDS AND RESPONSIBILITIES
You are responsible for keeping your information and passwords up to date and confidential.
The Terrorism Tracker site is only open to registered users. You are solely responsible for the confidentiality and use of and access to Terrorism Tracker Content and the Site and/or Digital Applications using your user name and/or password.
You agree to immediately notify The Risk Advisory Group if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Terrorism Tracker Content.
You will provide The Risk Advisory Group with accurate, complete registration information and inform The Risk Advisory Group of any changes to such information. For the purpose of confirming your compliance with these Terms, The Risk Advisory Group reserves the right to monitor and record activity on the Site and Digital Applications, including access to Terrorism Tracker Content.
Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. The Risk Advisory Group does not allow multiple users (networked or otherwise) to access the site and/or any Digital Edition through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this without further obligation to you.
Access to Terrorism Tracker is subject to an annual subscription fee. This fee is currently £500 but we reserve the right to increase the fee from time to time. Any increase to the fee will be notified in an amended version of these Terms and Conditions.
You may only subscribe to Terrorism Tracker by making a credit or debit card payment and you must pay the full annual subscription in advance.
You may cancel your subscription at any time within the first fourteen days following your authorisation for the payment on the credit or debit card which you are using.
By using the credit or debit card you expressly represent and warrant that you have the right to use the card.
If you cancel within the 14 day period you are entitled to a full refund of the subscription amount.
AFTER the 14 day period you will not be permitted to cancel your subscription in any circumstances and no refunds will be made.
Any refunds can only be made to the credit/debit/charge card that was used for the original purchase.
CHANGES TO THE SITE
The Risk Advisory Group reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Terrorism Tracker and to restrict the use and accessibility of the Site.
LIABILITY AND INDEMNITY
All Risk Advisory Group plc Content and Services are provided ‘as is’. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, The Risk Advisory Group makes no warranty, express or implied concerning Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”.
The Risk Advisory Group expressly disclaims all warranties, including but not limited to, warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Risk Advisory Group, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The Risk Advisory Group has been advised of the possibility that such damages may arise. The Risk Advisory Group does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The Risk Advisory Group or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The Risk Advisory Group exceed the amount, if any, paid by you to The Risk Advisory Group for the particular Service to which the claim relates.
You agree to defend, indemnify and hold harmless The Risk Advisory Group, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
The Risk Advisory Group will not be held responsible for circumstances beyond its control.
The Risk Advisory Group, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Terrorism Tracker Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of Terrorism Tracker Content.
Changes to these Terms
The Risk Advisory Group may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Terrorism Tracker Content). Whenever the Terms are changed, The Risk Advisory Group will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after The Risk Advisory Group has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to the Terrorism Tracker Content may be subject to additional terms and conditions.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The Risk Advisory Group.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to The Risk Advisory Group must be given in writing, by letter, and sent to the registered address specified above (for the attention of the Group General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
TERM AND TERMINATION
The Risk Advisory Group may terminate or suspend your access to Terrorism Tracker Content at any time.
The Risk Advisory Group may, at its absolute discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to The Risk Advisory Group under these Terms or by law.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.