Terms Of Use
The information shown on this web site is for general guidance only and we
cannot assume legal liability for any errors or omissions it might contain,
although every attempt is made to ensure that the information shown is
accurate. This web site does not recommend specific purchases or sales of
investment products and is intended for the use of experienced investors.
Sharelockholmes.com is not authorised to give investment advice, and is not
regulated by any Regulatory Authority, and nor does it seek to give such
advice. Any actions you may take as a result of any information or advice
contained on this web site should be verified with third parties such as legal
or other professional advisors and is used solely at your own risk.
Privacy Policy
Privacy Policy. Any personal information that you submit
to Sharelockholmes.com will be kept and treated as confidential and will
only be used by us for internal purposes and for communicating with you.
Otherwise we will not sell, rent, lease, or give away your personal
information, including email addresses, to others, except where disclosure is
required by law, or you have indicated that you wish such information to be in
the public domain. If at any time you require any personal information such as
an email address to be removed from our records indicating that you do not wish
to receive any further communication from us then we will do this upon receipt
of an email from the relevant address, or some other evidence that you are the
owner of the address.
The personal information we hold in our database is encrypted for greater security,
and will be held in the United Kingdom. The website is secured with SSL (https)
encryption to prevent leakage of information on insecure networks.
Cookies are required for Sharelockholmes.com to store user and password session information. No other information is stored. The information is encrypted for greater security.
Subscription Agreement
You are required to accept this agreement in order to use Sharelockholmes.
Definitions
"Agreement" means these terms and conditions.
"Charges" means the subscription charges payable to Xenia Systems
Ltd by the Subscriber.
"Service" means access to the subscription service the Subscriber is
subscribing to.
"Subscriber" means any person at whose application Xenia
Systems decides to provide the Service.
"Trial Period" means the period when the Subscriber can access the Service
without paying the Charges.
"Xenia Systems" means Xenia Systems Limited a UK Registered company, (Company
Number 3097162).
Passwords and access to the Service
Xenia Systems Ltd grants the the Subscriber the right
to use the Service subject ot the terms set out in this agreement.
The Subscriber's password for accessing the Service shall be used solely by the
Subscriber (or Xenia Systems for the purpose of administering the
Subscriber's account) and is not transferable, and shall be kept strictly
confidential. The Subscriber agrees
(a) not to disclose the password to anyone;
(b) to indemnify Xenia Systems for all costs, liabilities, claims, losses
(including loss of revenue) for any unauthorised use of the password.
Where the Subscriber has set its own password it shall change its
password immediately if it becomes aware that a third party has discovered
it. The Subscriber shall also notify Xenia Systems immediately if a third party
has discovered its previous password.
Xenia Systems shall not be liable to the Subscriber for any failure by the
Subscriber to access the Service as a result of a failure of the Subscriber's
equipment or events effecting access to the internet generally (which prevent
or delay the Subscriber accessing the Service). The Subscriber undertakes that
it will only use the Service on one terminal, personal computer or device.
Grant of licence, warranties
Xenia Systems grants to the Subscriber a non-exclusive, non-transferable licence
to use the Service for the Subscriber's personal or internal purposes and on
the terms set out in this Agreement. Xenia Systems may suspend or terminate the
Service at any time without notice and without making a refund of the charges
paid where it suspects the Subscriber is downloading information supplied under
the Service for separate commercial gain or where usage is excessive.
The Subscriber acknowledges that the use and interpretation of the Service
requires skill and judgement. The Subscriber shall at all times exercise its
own skill and judgement in the use and interpretation of the Service and shall
be solely responsible for the purposes for which it is used and for all
opinions, recommendations, forecasts and other comments made or action taken by
the Subscriber based wholly or partly on the Service. Xenia Systems shall not
be liable for any losses suffered by the Subscriber or any third party as a
result of its use or reliance on the Service.
The Service are supplied "AS IS", and no representation, warranty, condition or
other term as to the quality of the Service or their usefulness or fitness for
any purpose is made or given, and any implied terms are expressly excluded.
Xenia Systems shall not be liable for any inaccuracy or incompleteness in any
information supplied under the Service and the Subscriber uses the Service at
its own risk.
Xenia Systems reserves the right to revise or amend the format and/or content of
the Service from time to time.
Xenia Systems gives no warranty or undertaking as to the uninterrupted
continuity of any part of the Service.
The Subscriber shall not resell, rent, license, distribute or otherwise transfer
or deal with the Service on a commercial basis or otherwise.
The Subscriber must not use the Service except as permitted under the
Agreement, and shall not use them for any illegal or unlawful purpose, or so as
to bring Xenia Systems or its business, products or services into disrepute.
Xenia Systems reserves the right to suspend access to any part of the service
on becoming aware of any such regulation, claim, condition or restriction in
any part of the world which requires it to do so or which exposes it to any
liability or claim if it does not do so.
Xenia Systems may refuse to supply the Service to any Subscriber (prior to the
Trial Period) for any or no reason.
Free trial and charges
The duration of the Trial Period shall be as specified on the Registration Page
or as Xenia Systems otherwise notifies the Subscriber. The Subscriber may
only have one Trial Period. Use of the Service shall be free of charge during
the Trial Period.
Unless the Subscriber provides Xenia Systems with notice to terminate the
Service Prior to the end of the Trial Period (by unsubscribing in
the Subscription Area), this Agreement shall be deemed to continue and the
Charges provisions shall apply. This right to cancel by unsubscribing
during the Trial Period does not affect the Subscriber's statutory rights.
After the Trial Period expires the Subscriber shall be liable to pay the
Charges. The Subscriber accepts that by providing its credit card details it
authorises Xenia Systems to deduct the Charges (or instalments of the Charges)
from its credit card on a regular basis and in advance until the
Subscriber terminates or cancels its subscription to the Service. The amount of
the Charges shall be as displayed from time to time on the Registration Page
and may change.
Without prejudice to its rights to recover the sums outstanding from the
Subscriber, should Xenia Systems not be able to withdraw any part of the
Charges from the Subscriber's credit card Xenia Systems reserves the right
to:
1) suspend access to the Service; or
2) terminate this Agreement.
Rights in the Service
All Rights which exist in the Service are owned by Xenia Systems or licensed to
Xenia Systems.
The Subscriber shall not infringe Xenia Systems's Rights in the Service or its
presentation, or enter into an arrangement, agreement or understanding which
would or might allow a third party to do so.
Selective information may be related to third parties provided it is for
non-commercial purposes and the source is cited as Sharelockholmes.com.
The Subscriber shall promptly notify Xenia Systems of any unauthorised use of
the Service or any actual or suspected infringement of any of the Xenia
Systems's Rights in the Service of which the Subscriber becomes aware.
Liability
Xenia Systems's liability to the Subscriber shall be unlimited in respect of (a)
death or personal injury caused by its own negligence and (b) such liability
which cannot be excluded or limited by law (such as fraudulent
misrepresentation).
Save as provided above, Xenia Systems shall not be liable to the
Subscriber, in contract, tort or otherwise, for any loss of profits, business
or anticipated savings, or for indirect or consequential loss, however caused
or arising; and Xenia Systems's liability shall be limited to the Charges paid
by the Subscriber.
The Subscriber agrees to indemnify and to render Xenia Systems harmless from
and against any and all losses, damages and costs suffered or incurred by Xenia
Systems howsoever arising out of or in connection with the Subscriber's use of
the Service or howsoever arising in relation to any breach of this Agreement.
Suspension and termination
If the Subscriber is in breach of the Agreement, Xenia Systems may suspend the
provision of the Services immediately or terminate this Agreement with
immediate effect and without having to make a refund.
Either party may terminate the Agreement, which in the case of the Subscriber
may be communicated to Xenia Systems by the Subscriber unsubscribing in
the Subscription Area. In the event of the Subscriber terminating the
Agreement, the Subscriber shall ensure that it pays Xenia Systems all Charges
owing up until the date of termination (including any outstanding interest).
The Subscriber shall not be entitled to any refund of charges it has already
paid to Xenia Systems.
The exercise by either party of any right to terminate the Agreement shall not
limit any other rights or remedies it may have, and shall not affect any
accrued rights or obligations arising before the date of termination.
On the termination of the Agreement for any reason (including the termination
of the free trial) the Subscriber shall immediately discontinue use of the
Service.
The restrictions under the Agreement on the use of and dealing in the Service
shall survive the termination of the Agreement for any reason.
Assignment
The Agreement is personal to the Subscriber, which may not assign or otherwise
transfer any of its rights or obligations under the Agreement to any third
party.
Xenia Systems reserves the right to subcontract the performance of any of its
obligations under this Agreement through a third party.
Severance
Each provision of the Agreement is severable from the rest. If any part of the
Agreement is held invalid, illegal or void for any reason, this shall not
affect the validity or legality of the remainder, which shall continue in full
force and effect.
Force majeure
Xenia Systems shall not be liable for any delay or failure to perform its
obligations under this Agreement caused by circumstances beyond its reasonable
control including network or telecommunications outages.
Entire agreement
This Agreement together with the commercial terms set out on its website
constitutes the entire agreement between the parties and supersedes all
previous communications, representations and arrangements, statements or
representations, written or oral. The Subscriber acknowledges that no reliance
is placed on any representation or statements made prior to the Agreement
unless they were made fraudulently.
Governing law
The Agreement shall be construed in accordance with and governed by English law
and the parties shall submit to the exclusive jurisdiction of the English
Courts.