TERMS AND CONDITIONS 

IMPORTANT - PLEASE READ CAREFULLY

1 INTRODUCTION

1.1 These are the terms and conditions of service (" Terms ") which govern the use of all websites ("Sites") and related Services (as defined below) owned, operated or provided by Roland Raskopf.

Your use of the Sites and Services is conditional on you complying with these Terms. Any additional terms and conditions that are posted on specific Sites or agreed in relation to any Service (“Specific Terms”) shall be deemed incorporated into these Terms, and to the extent that any of these Terms conflict with any such Specific Terms, the Specific Terms shall prevail.

1.2 Please note:

where you visit, register and/or subscribe to a Roland Raskopf Site or related Service, these Terms will be governed by the laws of Switzerland and will operate as between Roland Raskopf and you.

2 DEFINITIONS

2.1 "you/your" means (as appropriate) the Visitor, Registered User and/or Subscriber accessing a Site or using a Service.

2.2 "we/us/our" means Roland Raskopf and/or Institutional Investor, as appropriate in accordance with Clause 1.2 above.

2.3 “Agent” means an employee, partner, director, contractor, agent or representative of any party.

2.4 “Connected Networks” means certain third party social networking sites (including without limitation Twitter and LinkedIn) which we may choose to affiliate with a certain Site.

2.5 "Content" means all material, data, articles, information and products on the Sites or provided as part of a Service (including, without limitation, any Electronic Books or publications sent by post as part of a Service, but excluding any Posted Material).

2.6 “Deep Linking” means the potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page.

2.7 "Electronic Books" means any electronic book including without limitation ebooks and yearbooks or other written material available for download from any of our Sites, e-mailed directly to you as part of a Service or disseminated by other electronic means for viewing without accessing a Site.

2.8 “External Sites” means websites other than the Sites provided by Sponsors or other third parties.

2.9 “Framing” means the bringing up of or presenting Content within another website.

2.10 "Group Company" means Roland Raskopf 

2.11 “Intellectual Property” means copyright, trade marks, database rights and/or any other intellectual property rights as recognised in any jurisdiction.

2.12 “Interactive Areas” means bulletin boards, email services, discussion groups, messaging systems, including instant messaging facilities, and other public areas that allow interactivity between users of our Sites and/or feedback to be provided to us.

2.13 “Investment” means any shares, security, financial product or other investment.

2.14 "Minimum Term" means the initial period of one year from the commencement of any subscription (or such other period as may be agreed in writing for any specific subscription).

2.15 “Posted Material” means the information and/or materials posted to Interactive Areas by you or any third party.

2.16 “Registered User” means a user of certain Sites and/or Services who has registered with us in order to access such Sites and/or Services in under Clause 6.1(a).

2.17 “Representative” means our suppliers, officers, employees, partners, affiliates, subsidiaries, successors and assigns, agents or representatives.

2.18 "Services" means 

(a) the supply of on-line or electronic information, publications and data products (including, without limitation, the delivery of the same over the internet, or via mobile phone apps or other digital devices);

(b) the supply of hard-copy publications and other materials; and

(c) other services relating to a Site (including, without limitation, any Interactive Areas).

2.19 "Social Media Page" means a page created, operated or otherwise provided by Roland Raskopf 

2.20 “Software” means the Intellectual Property in any software that is made available for download from our Sites.

2.21 “Sponsors” means sponsoring organisations and advertisers.

2.22 “Subscriber” means a user of our Sites and/or Services who has registered for our subscription Services under Clause 6.1(b).

2.23 “Third Party Services” products or services provided by anyone other than a Group Company.

2.24 “Visitor” means a user who accesses our Sites without registration or subscription.

3 YOUR USE OF CONTENT, TRADE MARKS AND ANY OTHER INTELLECTUAL PROPERTY

3.1 All rights in and to the Content and the Sites belong to us.  We may license third parties to use the Content at our sole discretion.

3.2 You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business (including, without limitation, by making Content available to anyone other than a Subscriber where such Content is accessible through subscription only).

3.3  Any request for permission to republish, reprint or use any articles from any of the Sites or our trade marks for any purpose  should be sent to

 info@raskopf.net

4 YOUR OBLIGATIONS

4.1 The Sites are not intended for users of under eighteen (18) years of age, and such individuals are not permitted to be Registered Users or Subscribers. If individuals under eighteen (18) years of age wish to view material on any Site as a Visitor, their parent or guardian must agree to these Terms on their behalf.

4.2 You represent and warrant that:

(a) you have the capacity to agree to these Terms; and

(b) you are at least eighteen (18) years of age.

5 OUR OBLIGATIONS

5.We will exercise reasonable skill and care in our provision of the Services , but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.

5.2 We will endeavour to ensure that  Services are priced correctly on the Sites (or otherwise in the Content). However, errors may occur. If such a pricing error is discovered, we reserve the right to give you the option of either cancelling your order for any particular subscription or other Service or reconfirming your order at the correct price.

7 SOFTWARE 

The Software belongs to us .

8 LIMITATIONS OF LIABILITY

8.1 Nothing in these Terms shall exclude or limit our liability for fraud or intentional unlawful conduct by us, or death or personal injury resulting from our negligence and the remaining provisions of this Clause 15, shall be subject to this provision.

8.2 DISCLAIMER: WITHOUT PREJUDUCE TO THE REMAINING PROVISIONS OF THIS CLAUSE 15, YOU AGREE THAT YOUR USE OF ANY CONTENT IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL SITES, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION AND ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION FORMING PART OF THE CONTENT IS NOT INTENDED FOR TRADING OR TO ADDRESS YOUR PARTICULAR REQUIREMENTS. THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY US (INCLUDING, WITHOUT LIMITATION, INVESTMENT ADVICE OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT OR OTHER INVESTMENT) AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. APPROPRIATE INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY SUCH DECISION. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR LICENSORS AND/OR REPRESENTATIVES (AS DEFINED IN CLAUSE 2.17 ABOVE) MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITES, CONTENT OR SERVICES; OR (C) THE RESULTS OBTAINED FROM ACCESSING AND USING ANY SITE, SERVICE OR CONTENT. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR (D) THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

8.3 Neither we, nor any Representatives will be liable to you for:

(a) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Representatives have been advised of their possible existence; nor

(b) any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings security breach or loss of data.

8.4 Without prejudice to Clause 15.3, neither we nor any Representative shall be liable to you for any direct or indirect damage, loss or expenses suffered by you as a result of:

(a) any viruses, worms, "Trojan horses" or similar programs, denial of service attack, spamming or hacking or consequential damages or any claim against us by any other party; or

(b) any fault, inaccuracy, omission, delay or any other failure in a Site or a Service caused by your computer equipment or arising from your use of the Service on such equipment; or

(c) any inaccuracies or errors in or omissions from any Content including, but not limited to, quotes and financial data; or

(d) any delays, interruptions or short-term or immaterial errors in the transmission or delivery of any Site or a Service; or

(e) any additions, deletions or changes made to the Content at any time.

8.5 Without prejudice to Clauses 15.3 and 15.4 and except where you are a Subscriber who has paid the relevant subscription charges, neither we nor any Representative shall be liable to you for any direct or indirect loss, damage or expenses arising by any reason of non-performance by us of these Terms or any other term of our agreement with you.

8.6 Without prejudice to Clause 25 below, to the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this Clause 15 shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect. 

8.7 Without prejudice to the limitation of liability provisions above, in the event that you incur any loss, damage or expense arising out of your use of any Site, Content or a Service, you agree that our liability to you shall be limited to the sum of the subscription fees payable by you for Services provided in the twelve (12) month period preceding the date on which the claim arose (which, for the avoidance of doubt, shall not include (a) any fees paid during such period for Services provided before such period, nor (b) any fees paid in advance during such period for Services provided after such period). 

8.8 Roland Raskopf and other Group Companies may make their Annual Reports and Accounts available through its website. Neither an audit nor a review provides assurance on the maintenance and integrity of the website, including controls used to achieve this, and in particular whether any changes may have occurred to the financial information since first published. These matters are the responsibility of the directors but no control procedures can provide absolute assurance in this area. Legislation in the United Kingdom governing the preparation and dissemination of financial information differs from legislation in other jurisdictions.

9 INDEMNITY

You agree to indemnify and hold us, our Representatives, licensors and sub-contractors harmless against all costs, claims, damages, liability and expenses (including any professional fees) which we might incur by reason of a breach by you of these Terms including, without limitation, any of the warranties, representations and undertakings in Clauses 4 and 10 above. For the avoidance of doubt, this indemnity shall extend (without limitation) to any losses which we may suffer as a result of the use by third parties of your user name and password, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.

10 CHANGES TO CONTENT

We reserve the right to delete or change any aspect of the Content, the Interactive Areas, the Site and/or any of the technical specifications or any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of a Site.

11 NO WAIVER

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

12 ENTIRE AGREEMENT

These Terms (including any terms incorporated by reference in these Terms), constitute the entire agreement between you and us with respect to your access to and use of any Site or receipt of any Service and supersede all prior agreements, negotiations and discussions between you and us relating to the same. Without prejudice to Clause 15.2 above, we exclude any representations and warranties previously given or made in relation to the same.