1. ABOUT US
1.1. This Website is owned and operated by Lighterman (‘we’/’us’/’our’), a limited company (trading as Tradeviews), registered in England and Wales under company number: 08103605 having our registered office at Meadowcroft House, 182 Balcombe Road, Horley, Surrey, RH6 9ER
2.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects
2.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
2.2.3. That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Services from this Website in conjunction with and under their supervision
2.2.4. To only use the Website using your own username and password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upon discovering that it has been compromised
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
2.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
2.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
2.4.1. You fail to make any payment to us when due
2.4.2. You breach these Conditions (repeatedly or otherwise)
2.4.3. You are impersonating any other person or entity
2.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
2.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
3.1. The prices of the Services are quoted on the Website.
3.2. Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.
3.3. Unless otherwise stated, the prices quoted exclude VAT (Value Added Tax).
3.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
4.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
4.2. By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.
4.3. Payment will be debited and cleared from your account before the provision of the Service to you.
4.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
4.5. By accepting these Conditions you:
4.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
4.5.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale
4.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
4.6. We shall contact you should any problems occur with the authorisation of your card.
4.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
5. ORDER PROCESS AND FORMATION OF A CONTRACT
5.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
5.2. Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
5.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
5.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.
5.5. A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
5.6. Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
5.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
5.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
5.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
5.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
5.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
6. USE OF THE DATA
6.1. For the purposes of this Clause, “use” shall include (but not be limited to) downloading, storing, selling, redistribution and otherwise dealing with the Data in any manner or for any purpose.
6.2. In the absence of the express written consent of the Data Supplier to do so, the Subscriber may not under any circumstances use the data:
6.2.1. to commercially reproduce or redistribute data through any media, commercial network, cable or satellite system; or
6.2.2. in any fashion which may infringe or otherwise prejudice the proprietary rights of the Data Supplier.
6.3. You do, however, have permission to replicate small samples of Data as required, on the condition that you clearly acknowledge the source.
6.4. The Subscriber shall only use the Data for the purposes of their principal business activities. Use of the Data for other purposes shall not be permitted without the prior written consent of the Data Supplier, such consent not to be unreasonably withheld.
6.5. The Subscriber may not allow third party to access the Data without the prior written consent of the Data Supplier, such consent not to be unreasonably withheld.
6.6. The Subscriber may not reproduce or redistribute the Data in machine-readable form without the prior written consent of the Data Supplier, such consent not to be unreasonably withheld.
6.7. The Subscriber shall only allow those of its employees who require access for the purposes permitted by this Agreement to access and use the Data.
6.8. When using the Data the Subscriber may be required to use reasonable skill and judgement. The Subscriber hereby warrants and represents that it has such skill and is able to exercise suitable judgement in its use of the Data.
6.9. Use of the Data may, under certain circumstances, be subject to obligations and regulations that fall outside the scope of this Agreement including, but not limited to, statutes and codes of practice. The Subscriber hereby warrants and represents that it shall comply with any such obligations and regulations applicable in the Territory.
7.1. If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at email@example.com or by post at 10 The Mead, Bucks HP9 1AW.
8. INTELLECTUAL PROPERTY
8.1. Unless otherwise expressly indicated, all Intellectual Property rights subsisting in the System and the Data and any other related materials are the property of the Data Supplier.
8.2. In the absence of the Data Supplier’s express written permission to the contrary (where the Data Supplier has the authority to do so), the Subscriber shall not use the Data in any manner which is inconsistent with the provisions of the Copyright Designs and Patents Act 1988, the Trade Marks Act 1994 or any other Intellectual Property legislation applicable within the Territory.
8.3. The Database is compiled, updated and amended using multiple data sources (“the Data Providers”). The Data Supplier owns the Intellectual Property rights in the contents of the Database only to the extent that those Intellectual Property rights are not owned by Data Providers.
8.4. The Data Supplier has invested and shall continue to invest substantial time and resources in the selection and arrangement of the Data and in the obtaining, verification and presentation of its contents. The Tradeviews Template is an original intellectual creation. The Data Supplier therefore owns the copyright in the selection and arrangement of the contents of the Data. Such ownership shall be without prejudice to the rights of any Data Providers which may subsist in the contents of the Database.
8.5. Unless it is expressly authorised to do so by this Agreement (or by the Data Supplier, in writing), the Subscriber may not reproduce, adapt, translate, arrange, redistribute or otherwise make any part of the Tradeviews Template or its contents to any third party, either directly or indirectly.
8.6. Unless it is expressly authorised to do so by this Agreement, the Subscriber may not extract, or re-utilise the contents of the Tradeviews Template for any commercial purposes including, but not limited to, the resale or redistribution of the Data.
8.6.1. In the event that the Subscriber breaches any of the provisions contained in this Clause 9, both civil and criminal penalties may be incurred. In addition to such penalties, the Data Supplier shall be entitled to immediate injunctive relief in order to restrain any activity (actual or suspected) which infringes any of the rights detailed in this Clause. The Subscriber shall fully indemnify the Data Supplier against any and all damage, loss, costs and expenses which may result from any such infringement.
9.1. Each Party undertakes that it shall, at all times during the continuance of this Agreement and after its termination:
9.1.1. keep confidential all Confidential Information;
9.1.2. not disclose any Confidential Information to any other person;
9.1.3. not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of this Agreement;
9.1.4. not make any copies of, record in any way or part with possession of any Confidential Information; and
9.1.5. ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 above.
9.2. Either Party may:
9.2.1. disclose any Confidential Information to:
18.104.22.168. any sub-contractor or supplier of that Party;
22.214.171.124. any governmental or other authority or regulatory body; or
126.96.36.199. any employee or officer of that Party or of any of the aforementioned persons;
to such extent only as is necessary for the purposes contemplated by this Agreement, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 188.8.131.52 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
9.2.2. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of this Agreement, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
9.3. The provisions of this Clause 8 shall continue in force in accordance with their terms, notwithstanding the termination of this Agreement for any reason.
10. LIBILITY AND TERMINATION
10.1. The Data Supplier shall use its best and reasonable endeavours to ensure that the System, the Database and the Data are free from errors and inaccuracies and that the Data is up-to-date.
10.2. In the event that any errors or inaccuracies are brought to the Data Supplier’s attention, it shall use its best and reasonable endeavours to remedy the same in as short-a-time as is commercially viable.
10.3. Data Supplier shall not be liable for any direct, indirect or consequential loss or damage sustained by the Subscriber or any third parties as a result of using the System, the Database or the Data (whether such use is direct or indirect).
10.4. Losses for which the Data Supplier shall not be liable under sub-Clause 9.3 include, but are not limited to those arising out of:
10.4.1. defects, failures or interruptions in the System or the Database; or
10.4.2. errors or inaccuracies in the Data or the Database.
10.5. The total liability of the Data Supplier under this Agreement shall be limited to the total of the Fees payable by the Subscriber in the relevant year.
10.6. The Data Supplier shall not be liable for, and shall not indemnify the Subscriber against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly unless otherwise required by law.
10.7. The Subscriber shall be liable for, and shall indemnify the Data Supplier against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly as a result of:
10.7.1. breach by the Subscriber of any of the provisions of this Agreement; or
10.7.2. use by the Subscriber (whether in accordance with this Agreement or otherwise) of the System, the Database, or the Data.
10.8. In the event that the Subscriber makes any gain from any breach of this Agreement, notwithstanding any other remedies to which the Data Supplier shall be entitled, the Subscriber shall be required to indemnify the Data Supplier for any loss suffered as a result of such breach and shall be required to reimburse the Data Supplier for any such gain.
11. DURATION OF THE AGREEMENT
11.1. The Service provided through Tradviews on a Premium plan or API Service has the duration or credit referred to in that plan (the subscription period).
12. LIABILITY AND INDEMNITY
12.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
12.1.1. Death or personal injury resulting from our negligence
12.1.2. Fraud or fraudulent misrepresentation
12.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
12.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
12.2. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
12.3. We will not be liable if the Website is unavailable at any time.
12.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
12.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
12.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
12.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
12.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
12.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
12.8.2. any loss of goodwill or reputation; or
12.8.3. any special or indirect losses; or
12.8.4. any loss of data; or
12.8.5. wasted management or office time; or
12.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6, is strictly limited to the purchase price of the Services you purchased.
12.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
12.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
13.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
13.2. You undertake that any review, feedback or rating that you write shall:
13.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
13.2.2. Be factually accurate
13.2.3. Contain genuinely held opinions (where applicable)
13.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
13.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
13.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
13.2.7. Not be used to impersonate any person, or to misrepresent your identity
13.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
13.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
13.5. We reserve the right to publish, edit or remove any reviews without notifying you.
14. FORCE MAJEURE
14.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
14.1.1. Strikes, lock-outs or other industrial action
14.1.2. Shortages of labour, fuel, power, raw materials
14.1.3. Late, defective performance or non-performance by suppliers
14.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
14.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
14.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.1.8. Acts, decrees, legislation, regulations or restrictions of any government
14.1.9. Other causes, beyond our reasonable control
14.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
14.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
15.1. In order to monitor and improve customer service, we sometimes record telephone calls.
16. THIRD PARTY RIGHTS
16.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17. EXTERNAL LINKS
17.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
17.1.1. The privacy practices of such websites
17.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
17.1.3. The use which others make of these websites; or
17.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
18.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
18.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
18.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
18.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
18.5. All Contracts are concluded and available in English only.
18.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
18.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
18.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. GOVERNING LAW AND JURISDICTION
19.1. The Website is controlled and operated in the United Kingdom.
19.2. Every purchase you make shall be deemed performed in England and Wales.
19.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.