Sigma Information Services Ltd Website Terms and Conditions

We are: Sigma Information Services Ltd (company registration number 06716171).

Our address is:  20th Floor, 125 Old Broad Street, London EC2N 1AR.

We can be contacted: by email – info@sigma-informationservices.com ; by telephone – +44 (0) 207 065 6988 during normal business hours; or by post – at the address above.

You are: a user of our Services.

Please read the terms and conditions set out below carefully before ordering the Service from this Website. By ordering the Service you agree to be bound by these terms and conditions (“Terms and Conditions”).

1.     Definitions

“Agreement” is a reference to these Terms and Conditions, the Refund and Cancellation Policy, the Privacy Policy, any order form and payment instructions provided to you;

“Client”, “you”, “your” and “yours” are references to you the person accessing this Website and ordering the Service from the Website;

“Licence Term” means the period during which you are authorised to use the Service which shall run from month to month provided you have paid the monthly subscription fee;

“Material” means the information and material available from the Service that we provide;

“Privacy Policy” is a reference to the policy we operate concerning the collection, processing and storage of personal data;

“Refund and Cancellation Policy” is a reference to our policy explaining how refunds and cancellations are processed by us;

“Service(s)” means the 24 hour financial market news information and reporting service which we provide via our Website to you;

“we”, “us” and “our” are references to Sigma Information Services Ltd of 20th Floor, 125 Old Broad Street, London EC2N 1AR;

“Website” is a reference to our website www.sigma-informationservices.com on which we provide the Service.

2.     Services

2.1   We offer a range of subscription based services on our Website to registered members. The exact Services are more particularly described on other pages of our Website and may be tailored to meet individual Client requirements.

2.2   Our Squawk service broadcasts from 23.59 Sunday to 21.00 Friday relaying relevant news to our Clients. Up to 20 to 30 emails may be sent per day as part of the Service. Our Services can also include the production and delivery of regular news reports to our Clients via e-mail.

2.3   Time is not of the essence for the delivery of any Services supplied under this Agreement.

2.4   No refunds are made for any late delivery of the Service.

2.5   We shall use our reasonable endeavours to make the Services available to you at all times but we shall not, in any event, be liable for interruptions to or unavailability of the Services. Your ability to use and/or access the Service is dependent upon a number of factors which are beyond our reasonable control such as network capacity. We therefore cannot guarantee that (i) the Services will be available at all times, that they will be uninterrupted or error free or (ii) the intended recipient will receive the message.

2.6   It may occasionally be necessary to suspend the Service in order to undertake upgrades or remedy any faults with the Services and/or the Website. We will provide you with as much notice as is practicable of any planned suspension.

2.7   Material provided by the Service is intended for general reference only. Application of that Material to any specific instance is your sole responsibility.

3.     Registering with Us

3.1   If you wish to use our Service you must first register with us. When subscribing for the Service you will be provided a username and password which you will need to provide each time you login to our Website. You must ensure that you keep these details secure and do not provide this information to a third party.

3.2   Any contract for the supply of the Service from this Website is between you and Sigma Information Services Ltd.

3.3   You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registering with us. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible.

3.4   You must be 18 years or over in order to receive the Services. If you are under the age of 18 years you must have consent from your parent or guardian to use the Services and your parent or guardian must authorise payment.

3.5   The Service made available to you from this Website is intended for your use only and you warrant that you are acting as principal only and not as agent for another party when receiving the Service.

3.6   The contract for the Service will be accepted at the time we confirm this to you in writing. You must inform us immediately if any details are incorrect. If your subscription has not been accepted you will be notified of this in writing together with the reasons.

4.     Subscription Fees

4.1   We offer a range of subscription based services on our Website to registered members. The exact Services are more particularly described on other pages of our Website. In order to receive the subscription Service you must pay a non-refundable monthly subscription fee in advance of receiving the Service. Upon the expiry of your monthly subscription, we will automatically bill you for the following month in advance unless you have notified us in writing that you no longer wish to use the Service.

4.2   No fee is payable during an initial “trial period”.  You are not however entitled to benefit from more than one ‘free trial’. If we discover that more than one ‘free trial’ has been requested, you will become liable for payment of the subscription fee for all use of the Service made after the first ‘free trial’ period.

4.3   Payment may be made by one of the methods notified by us to you.

4.4   We shall be under no obligation to provide the Service if the subscription fee (plus VAT) is not paid to us on time.

4.5   All fees listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Fees are subject to VAT where applicable.

4.6   The total price for the Service will be displayed on the Website when you place your order. Full payment must be made before the Service can be provided.

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 the Website.

4.8   If subscription fees become overdue, because for example your credit card has expired, we reserve the right to suspend your access to the Service until the balance is paid and we may close your account permanently.

4.9   Failure to pay on time will result either in the cancellation of your subscription or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 9% over our bank’s lending rate from the date the payment was originally due until the date of receipt of payment in cleared funds.

4.10 We may also instruct a debt collection agency or solicitor to collect our payment (including any interest and/or late payment charges) on our behalf. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may incur to pay the debt collection agency or solicitor, who will add the sum to your outstanding debt on our behalf.

5.     Licence

5.1   We hereby grant to you a non-exclusive, non-transferable, limited, personal, revocable, worldwide licence to use the Service during the Licence Term.

5.2   You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, the Material, or the content of our Website in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as an “iframe” or “frame” from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Service cannot be shared or used by more than one individual without our express consent.

5.3   When using the Service you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

 6.     Our Website

6.1   The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

6.2   We aim to have the Website and the Service available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all service descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

6.3   We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use.

6.4   You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

7.     Your Information

7.1   Where we have requested information from you to provide the Service, you agree to provide us with accurate and complete information.

7.2   You authorise us to use, store or otherwise process your personal information in order to provide the Service to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the Service offered by such third parties may be of interest to you or where this is required by law or in order to provide the Service to you. The information will be used in accordance with our Privacy Policy.

7.3   You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

8.     Refunds and Cancellation

Please refer to our Refund and Cancellation Policy for details of how requests for refunds and cancellations are managed by us.

We may cancel or suspend the Services to you at any time where we reasonably consider or suspect that you have acted in breach of these Terms and Conditions.

9.     Intellectual Property Rights

9.1   All copyright, database rights, trade marks and other intellectual property rights in the Service (including any such rights in our Website) and all similar and database rights in Sigma Squawk remain the property of Sigma Information Services Ltd or of the copyright owners (as the case may be) and are either owned by or licensed to us and nothing in these Terms and Conditions shall transfer any ownership rights to you. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

9.2   Unless otherwise specified, each author of Material obtained from the Service has asserted his/her moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author thereof.

9.3   The following terms apply to your use of the Material:

9.3.1        You may view Material on screen;

9.3.2        You may print the Material (“Printed Material”) in each month for your own internal purposes. No other printing, reproduction or distribution of the Printed Material is permitted;

9.3.3        You may not save Material on any electronic or magnetic media;

9.3.4        You may not remove, deface or delete any copyright or other proprietary notice printed on any Printed Material;

9.3.5        Any proceeds from unauthorised reproduction or distribution of Printed Material shall be held by you on trust for us;

9.3.6        If Material contains extracts from other material which is subject to Parliamentary copyright the following terms shall also apply:

9.3.6.1    You are permitted to access the Parliamentary copyright material, and to print extracts for private research, study, or in-house use only;

9.3.6.2    You may not copy, distribute, sell or publish any of the Parliamentary copyright material obtained from the Service. Any other use of such Material requires the express formal permission of the Controller of Her Majesty’s Stationery Office on behalf of Parliament.

10.   Linked Sites

Where there are links on our Website to third party websites these are either due to such third party providing a service to us or you or where we believe that such third party website may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

11.   Complaints

We take complaints very seriously and aim to respond to your complaints within 2 business days. All complaints should be addressed to info@sigma-informationservices.com.

12.   Limitation of Liability

12.1 Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website or the Service will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

12.2 We disclaim any and all liability to you for the Service to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the subscription fee you have paid to us for the Service in the previous month. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

12.3 The Material and the Service is provided on an “as is” basis and no warranty or guarantee is offered in relation to the accuracy of the information provided. The interpretation and use of the Material is entirely at the Client’s own risk and Sigma Information Services Ltd cannot be held liable for any loss, damage or injury suffered or incurred by the Client as a result. While we try to ensure that all Material is correct at the time of publication, no responsibility is accepted by or on behalf of Sigma Information Services Ltd for any errors, omissions or inaccurate Material.

12.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Service or our Website.

12.5 We shall not be held liable for any failure or delay in performing the Service where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

12.6 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Service, the Material or our Website.

12.7 We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

13.   General

13.1 We may assign, subcontract or novate any part or parts of the Service that we provide to you from time to time and any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

13.2 We may alter or vary the Terms and Conditions at any time.

13.3 Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 9% over our bank’s lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.

13.4 The Terms and Conditions together with the Privacy Policy, the Refund and Cancellation Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the website, these Terms and Conditions shall prevail.

13.5 If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.

13.6 These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

13.7 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.