Legal Mentions

Website Terms of Use

---

 

This website offers services (the “Services”) to provide information concerning proprietary research and analysis of the market news and data.

Before using this website, please carefully read the terms of use specified below. Please refrain from using this website if you cannot agree to the terms. We assume that by using the Services, you have agreed to all of the following terms and conditions of use.

I. Amendment to these Terms of Use.

As the terms and conditions of these terms of use (these “Terms”) are subject to change without notice as necessary, please confirm the details whenever you log on.

II. Purpose of Use.

This website is offered for the convenience of users, and shall be used at their sole responsibility and only for non-commercial purposes.

III. Copyrights and Trademarks.

The information and images, etc. on this website are protected by copyright, trademark, or other intellectual property rights held by us. Users shall comply with any and all laws and regulations with regard to copyrights, trademarks or other intellectual property rights when using this website. The reproduction, reuse, sale or otherwise in any manner of any information or images, etc. provided on this website is strictly prohibited without the authorization of the copyright owners.

IV. Links.

This website provides links to other sites that are not managed by us. We do not make any guarantee with respect to the content of such websites. When using such websites, users shall comply with the terms and conditions thereof.

V. Protection of Personal Information.

We will handle users’ personal information in accordance with the Privacy Policy separately published on our website. Before using the Services, users should carefully read, and agree to, the Privacy Policy.

VI. Disclaimers.

(a) We exercise due care in offering the Services, but do not guarantee the quality of the Services in terms of compliance, integrity, accuracy, security, legality, up-to-datedness or any other aspect of information. (b) We assume no responsibility for any loss arising out of or in connection with the use or inability to use the Services, except where such loss is attributable our intentional act or gross negligence. (c) We assume no responsibility for any and all losses resulting from any software or hardware accident arising out of or in connection with the use of this website, failure of the communication environment, trouble arising between a user and a third party or other incidents, etc. (d) We may change or terminate the content of the Services, or suspend or shut off the Services, in whole or in part, without any notice. In such case, we assume no responsibility for any loss suffered by users as a result of the change to or termination of the content of the Services, or the suspension or shut-off of the Services.

VII. Forward-Looking Information, etc.

Nothing on this website was created to solicit the users of this website to buy or sell stock or bonds or other financial instrument. The final decision and responsibility with respect to investments rests solely with the users of this website and its content. Furthermore, statements made on this website, forecasts and so on that are not historical facts are forward-looking statements based on the assumptions and beliefs we had at the time of disclosure. The users of this website should not place undue reliance on the information presented on this website. We disclaim any obligation to update or revise any forward-looking statements, whether as a result of new information, future events, changes in assumptions or otherwise.

VIII. Governing Law/Jurisdiction.

These Terms are governed by the laws of England. All disputes arising out of or in relation to this website and these Terms shall be submitted to the exclusive jurisdiction of London.

Subscription Terms And Conditions

---

 

I. Scope

1. All quotations and orders for the Services (hereby defined as the supply of our proprietary research and analysis of the market news and data whether via website or mobile app or otherwise) which have been accepted by us are exclusively subject to the Subscription Terms and Conditions hereinafter (“Terms and Conditions”).

2. Each Contract of subscription shall consist of these Terms and Conditions and the quote or acknowledgment of Customer‘s order. Such quote or acknowledgment shall become a binding contract (“Suscription Contract”) against Customer when (i) signed or accepted by Customer or (ii) signed and delivered by us. For the purpose of the Terms and Conditions Customer shall mean any individual or entity which is the user, authorised to use the Services by having a unique username and log-in information.

3. The purpose of the Services is for information purposes only, and is not investment recommendation, Customer should (i) only rely on its content at its own risk and costs and (ii) carry out its own due diligence as to the accuracy and suitability for its purposes.

4. Furthermore, the Customer acknowledges and agrees that the Services provided shall not be construed as an offer or solicitation to buy or sell any financial products. The final decision and responsibility with respect to investments rests solely with the Customer.

II. Free Trial

If Customer is on a free trial, all the Terms and Conditions hereof apply save as the subscription fees and payment below which DO NOT apply. We are entitled to terminate any free trial at any time whether with or without notice.

III. Subscription fees and Payment

1. All prices quoted for the Subscription Contract shall be exclusive of VAT. Payment has to be made in the currency stipulated in the order form.

2. If not contractually agreed otherwise that payment of the price is due in advance prior to the authorised access to the Service is granted to Customer. The price is non-refundable unless otherwise agreed. All bank charges shall be for the account of the Customer.

IV. Delivery of the Services

1. We exercise due care in offering the Services, we shall use commercially reasonable efforts to deliver the Services from time to time in our own discretion. We are entitled without notice and without liability to make changes to the Services. We are entitled to suspend the Services in the event of exceptional circumstances such as illness preventing us from performing the Services.

2. The Services are deemed as having been delivered once Customer has had access via its log-in information.

3. If the delivery of the Services or parts of it is delayed or prevented by any unforeseen incidents outside our responsibility and beyond our control, we are not obliged to deliver during the obstruction and a reasonable period of time thereafter to restart business again. The Customer hereby accepts the supply of less than the quantity ordered. If the obstruction will presumably not come to an end in a reasonable period of time, we are entitled to cancel the subscription entirely or partially whereby the Customer has no right to claim loss or damages for breach of contract or late delivery unless in cases of gross negligence or intent.

V. Intellectual Property Rights

1. We own all of the copyrights and other intellectual property rights in connection with the Services.

2. The Customer is granted a limited, non-exclusive, non-transferable licence to use the Services for non-commercial purposes only, subject to the terms of these Terms and Conditions.

3. The Customer may have access to the Services on the screen of his/her device for his/her personal use only.

4. The Customer may not sublicence, retrieve, display, modify, copy, sell, reverse engineer or create extracts of, or derivative works from the Services without our specific prior consent.

5. The Customer shall ensure that no password, username, or other log-in information is shared. The Customer shall notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or uses of a password.

6. If acting reasonably, we consider that there has been any breach of the licence terms to use the Services, then without prejudice to any other remedies, we are entitled in our discretion without refund to terminate and/or suspend the Services.

VI. Customer’s obligations and breach of Contractual Duties

1. The Customer shall not (i) sell access to the Services, (ii) use the Services to provide a similar service to third parties or otherwise with the view to competing with us, (iii) do anything which may have the effect of disrupting the Services.

2. In case the Customer failed to perform its duties under these Terms and Conditions (including the duty to provide the payment within requested time period in accordance with clause II) or another contract between the Customer and us, we are – at our choice and upon written notice to the Customer – entitled to one or more of the following:

   • to terminate the contract,
   • to entirely or partially refuse the delivery of the Services which have been ordered.

    

VII. Liability

1. As far as our liability does not result from an intentional breach of contract our liability is restricted to the total fees payable by Customer in a 6-month subscription period.

2. In no event (including our own negligence) we will be liable for any economic losses, (including without limit, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation; special, indirect or consequential losses or damage to or loss of data.

3. To the extent allowed by law, we exclude all terms whether imposed by statute or by law or otherwise, that are not expressly stated in these Terms and Conditions.

4. The Customer is responsible for any infringement of patent rights, trademarks, firm names, design rights, copyrights, licences or other intellectual property rights of third persons.

5. The Customer is obliged to indemnify us against third persons’ claims due to an infringement of the rights mentioned in this paragraph.

VIII. Compliance with Laws

The Customer shall at all times conduct its operations and activities in strict compliance with all applicable laws, rules and regulations including but not limited to the anti-corruption regulations. A breach of this clause shall be considered material and we will be entitled to terminate the contract with immediate effect by notice in writing.

IX. Privacy Data

The personal data of the Customer may be processed in accordance with the terms of our privacy policy. Customer’s data shall be collected, recorded, organised, stored and used with the aim of fulfilling the execution of the order of subscription, We commit to have all times appropriate technical and organisational measures in place to protect Customer’s Personnel Data against unauthorised or unlawful processing, accidental loss, destruction or damage.

X. Notices

All notices referred to in these conditions can be sent by post, fax or e-mail and are deemed to be served seventy-two hours after posting.

XI. Governing Law and Jurisdiction

This contract shall be governed English law and is subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy Notice

---

This privacy notice applies to all personal information we collect or process about you when you are providing contact information to us, including the personal information that we obtain about you when visiting our website www.imaginealpha.net / (the “Site”) and using the services available through our Site. Personal information is information, or a combination of pieces of information that could reasonably allow you to be directly or indirectly identified.

I. Personal Information we use

We will collect personal information about you from you directly (e.g. when you contact us). Information we collect directly from you:

1. personal details (e.g. name, date of birth),
2. contact details (e.g. company name, phone or mobile number, email address, postal address),
3. professional experience,
4. your marketing preferences, including any consents you have given us,
5. any other information you may choose to provide us in your dealings with us.

In general, you can visit our Site without identifying yourself or revealing any of your personal information. There are times, however, that you may choose to give us personal information. This is for example the case when you decide to contact us. In this case, we may collect the information set out in section above.

II. Purposes and Legal Basis of our use of your Personal Information.

We use your personal information to:

1. perform and enforce any contractual obligation under a contract with us if applicable,
2. provide and, if applicable, personalise our services you have requested,
3. deal with your enquiries and requests,
4. comply with legal or regulatory obligations to which we are subject,
5. protect our rights and interests as well as the rights and interests of our users and any other person,
6. contact you with marketing and offers relating to products and services offered by us based on statutory provisions or your consent as required by applicable law,
7. personalise the marketing messages we send you to make them more relevant and interesting if applicable.

We must have a legal basis to process your personal information. In most cases the legal basis will be one of the following:

• to fulfil our contractual obligations to you, for example to provide the services, to ensure that invoices are paid correctly,
• to fulfil our contractual obligations to you, for example your contact details and bank account details,
• to comply with our legal obligations, for example obtaining proof of your identity to enable us to meet our anti-money laundering obligations.

III. Your Rights over your Personal Information.

You have certain rights regarding your personal information, subject to local law. These include the following rights to:

• access your personal information,
• rectify your personal information,
• erase your personal information,
• restrict our use of your personal information,
• object to our use of your personal information,
• receive your personal information in a usable electronic format and transmit it to a third party (right to data portability),
• withdraw your consent where our processing is based on your consent,
• lodge a complaint with your local data protection authority.

These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data. In some instances, this may mean that we are able to retain data even if you withdraw your consent.

We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional information from you in order to honour your requests. If you would like to discuss or exercise such rights, please contact us.

IV. Information Sharing

We may share your personal information for the abovementioned purposes with the following third parties under the following circumstances, in each case always only in accordance with applicable data protection laws:

• Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us. For example, we may partner with other companies to process secure payments, fulfil orders, optimize our services, send newsletters and marketing emails, support email and messaging services and analyse information as well as for website hosting, support and maintenance,

• Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

V. Information Security and Storage

We implement reasonable technical and organisational measures to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing. Please note that any transmission of information through the internet is not completely secure. So, while we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted via the internet. Any transmission is at your own risk. Once we have received your personal information, we will protect your data.

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for an appropriate period of time that will enable us to:

• Maintain business records for analysis and/or audit purposes,
• Comply with record retention requirements under the applicable law or under applicable record retention policies,
• Defend or bring any existing or potential legal claims,
• Deal with any complaints regarding the services, to the extent it is reasonably possible for us.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

VI. Third-Party Links on our Site

Our Site and services may contain links to third-party websites and applications. Any access to and use of such linked websites and applications is not governed by this privacy notice but instead is governed by the privacy notices of those third parties. We are not responsible for the information practices of such third-party websites or applications.

VII. Changes to this Privacy Notice

We may modify or update this privacy notice from time to time.

If we change this privacy notice, we will notify you of the changes by posting them on the Site. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice by adding a prominent notice on our Site or by sending you an email notification as required by applicable law so that you have the opportunity to exercise your rights.