IA Titan Limited (“we”, “us” “our”) Camomile Court, 23 Camomile Street, London EC3A 7LL
A company limited by shares Registered in England and Wales. Registration Number: 11241776
IA Titan Limited is a wholly owned subsidiary of The Investment Association of Camomile Court, 23 Camomile Street, London EC3A 7LL.
Defined terms used in these Terms are set out in Clause 14 below.
1. OUR CONTRACT WITH YOU
1.1 These are the Terms on which we supply the IA Titan Limited subscription services to you. Please ensure that you read these terms carefully before proceeding.
1.2 When you sign up for an account and register to subscribe to gain access to and use the Platform, and have made full payment for this service, you will receive a confirmation email. These Terms will become binding on you once we send you confirmation of receipt of your completed registration form (the “Registration Form”). Therefore, no binding terms will come into existence between you and us unless we have sent you written confirmation of receipt. If you have not received confirmation of receipt of your Registration Form, please contact us at [email protected]
1.3 Please check that the details on your completed Registration Form are complete and accurate, before you submit the Registration Form and pay for the subscription. If you think that there is a mistake, please contact us at [email protected] to discuss.
1.4 If you have completed and submitted the Registration Form for and on behalf of any other person, you represent that the information provided is complete and accurate to the best of your knowledge.
1.5 You are solely responsible for maintaining confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to notify us as soon as possible at [email protected]
1.6 Once IA Titan Limited has approved your registration form, received your payment, and set up your account, access to the Platform will be provide by Anomali. Anomali will provide you with an End-User License Agreement (“EULA”), to which you must agree in order to access the Platform.
1.7 We reserve the right, in our sole and absolute discretion and without the need to give reason, to refuse to accept a Registration Form. In such circumstances, no contract will arise and we will return any payment accompanying your Registration Form to you.
1.8 If any of these Terms conflict with any term of the Registration Form, these Terms will take priority.
2. SUBSCRIPTION FEE AND PAYMENT
2.1 Access to the Platform requires the payment of a one-year subscription fee (“Subscription Fee(s)”). This Subscription Fee will encompass 3 licenses.
2.2 The Platform Subscription Fee will be set out at the time of your Registration. Before initial payment of any Subscription Fee, you will have an opportunity to review and accept the fees that you will be charged. Payments in full are required before access to the Platform is provided.
2.3 The Platform subscription will automatically renew on an annual basis. Payment may be made by debit and credit card, from our approved payment service providers, which will be debited on or after the day you submit your Registration Form. Credit card details are collected over a secure link and an authorised amount verification is taken immediately. Access to the Platform will be provided once the funds have cleared into our account.
2.4 We will charge Subscription Fees to the payment method that is specified at the time of registration. You authorise us to charge all sums described herein to such payment method. Subject to Clause 6, all Subscription Fees are non-refundable. We may change the Subscription Fees for the Platform subscription, including by adding additional fees or charges, on a per annum basis. We reserve the right to change the Subscription Fees charged for any subscription upon the renewal of such subscription. We will provide you with notice of any fee increase prior to the renewal of the Platform subscription.
2.5 If your payment method fails or your accounts are past due, (a) you agree to pay all amounts due upon demand, (b) IA Titan Limited may collect fees owed using other collection mechanisms (this includes charging other payment methods you may have on file with IA Titan Limited), and/or (c) IA Titan Limited reserves the right to either suspend or terminate your account or access to the Platform.
3. CHANGES TO TERMS OR REGISTRATION
3.1 We may revise these Terms from time to time without notice to you. You will be subject to the Terms in force at the time that you submit your Registration Form to us, unless any change to the Terms is required by law, government or regulatory authority, in which case the revised Terms shall apply to you.
4. PROVIDING THE SUBSCRIPTION
4.1 We may need certain information from you that is necessary for us to provide you access to the Platform. If you do not, after being asked by us, provide this information, or you provide us with incomplete or incorrect information, we may suspend your access to the Platform by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us following our request.
4.2 We may have to suspend access to the Platform if we or Anomali have to deal with technical problems, or to make improvements.
5. EVENTS OUTSIDE OUR CONTROL
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
5.2 An “Event Outside Our Control” means any act, event, non-occurrence, omission or accident beyond our reasonable control, including without limitation strikes, lock-outs, boycotts or other industrial action (whether involving our workforce or any other party), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private utility (including without limitation telecommunications networks, power, gas or water), malicious damage or sabotage, compliance with any law or governmental order, rule, regulation, sanction, embargo or direction, breakdown, cancellation or failure of machinery or transportation (including, without limitation railways, shipping, aircraft, motor transport or other means of public or private transport) and default of suppliers or subcontractors.
5.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
6. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
6.1 Subscription to the Platform may only be cancelled by you by written notice to us. We must be notified in writing by the person who signed the Registration Form to us at [email protected]. We cannot accept cancellations by phone. If cancellation occurs within the first six (6) month of registration for the Platform, a refund will be issued to you on a pro-rata basis which will be determined by our financial team. If cancellation occurs after six (6) months of subscription to the Platform, you will be deemed to have received the benefit of the Platform and no refund will be issued and you will forfeit 100% of your Subscription Fee.
7. IMPORTANT INFORMATION - LIABILITY
7.1 You use this Platform at your own risk. IA Titan Limited and its Group Entities believe the information contained in this Platform to be reliable and correct. The content on our Platform is provided on an “as is” basis, for general information only. It has not been audited or verified by any third party and is subject to change at any time, without notice. It is not intended to amount to advice on which you should rely.
7.2 We make no representation or warranty (express or implied) as to the accuracy, completeness or continued availability of the information, materials and Data available from time to time on or through this Platform or that the use of the Platform is free of risk of viruses or other damage. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protecting software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
7.3 Certain information contained on our Platform is based on or obtained or derived from Third-Party Information. While such sources are believed to be reliable, we assume no responsibility for the accuracy of any Third-Party Information.
7.4 We aim to update our Platform regularly and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely.
7.5 To the fullest extent permissible under applicable law, we do not accept any responsibility or liability of any kind, with respect to the accuracy or completeness of the information, materials and Data on this Platform. In particular, unless agreed in writing, IA Titan Limited nor any of its directors, officers, employees, agents or sub-contractors nor any of the members of IA Titan Limited shall be liable to you for:
(a) any direct Loss; or
(b) any Losses that constitute punitive damages or loss of profits, information, opportunity, goodwill, or reputation, business or anticipated savings, or loss of or corruption of data, or any indirect loss, special or consequential loss or pure economic loss whatsoever; even if the Losses were foreseeable or where it has been advised or are otherwise aware of the possibility of such loss.
7.6 For the purpose these Terms “Loss(es)” means any losses, damages, charges, expenses, claims, actions, liabilities, costs (including legal costs), proceedings and taxes including but not limited to losses suffered or incurred in: (a) responding to, disputing or defending any claim, action, liability, demand or proceedings as aforesaid; (b) appealing against any judgment, award or decision of any court, tribunal, arbitrator, regulatory or other authority; (c) in connection with any investigation conducted by on or behalf of any authority; (d) establishing our right to be indemnified; and/or (e) in seeking advice as to any claim, action, liability, demand, proceedings or investigation.
7.7 IA Titan Limited’s total aggregate liability arising from or in connection with these Terms and in relation to anything which a person concerned may have done or not done in connection with these Terms (and whether the liability arises because of wilful default, negligence or for any other reason) shall be limited to a sum which is 100% of the total aggregate amounts paid to IA Titan Limited pursuant to these Terms in the 12 month period immediately preceding the month in which the relevant claim arises.
7.8 The information, materials and Data provided on this Platform are for general information purposes. It is not investment advice nor can it take account of your own particular circumstances. If you require any advice on investments, you should contact a financial or other professional adviser. No material in this Platform is an offer or solicitation to buy or sell any investments or to engage in investment activity.
7.9 If you are a "consumer" (i.e., a private individual), nothing in these Terms affects your statutory rights as a consumer under English law.
7.11 While we endeavour to ensure that this Platform is normally available 24 hours a day, we will not be liable if for any reason the Platform is unavailable at any time or for any period. The internet is not a failsafe means of communication and interruptions to service, through failure of software or hardware outside the control of IA Titan Limited, may occur. IA Titan Limited shall not have any liability for any failure in communication or service, however it occurs.
8. HYPERTEXT LINKS
8.1 When using an external link, you will be leaving our Platform. Any views and opinions expressed subsequently are not those of IA Titan Limited.
8.2 Links to third party sites are provided merely for your information and convenience. Providing any such hyperlinks does not imply recommendation, approval or endorsement of the content or the owner of such Platform site nor promotions of any particular product or product provider.
8.3 We do not accept responsibility for the content or the privacy practices of such websites, nor for any transactions between you and such websites, nor for any loss or damage that may arise from your use of such other websites.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All our materials and documents are protected by copyright laws and treaties around the world. All such rights are reserved. Protection by copyright means that the material or document cannot be copied, reproduced or distributed in any form (paper, electronic or otherwise) without the express written permission of IA Titan Limited or subject to any exceptions as set out below.
9.2 All Intellectual Property Rights in all materials on this Platform are vested in IA Titan Limited and/or its licensors and content contributors (including its members).
9.3 You must not copy, modify, use or otherwise deal with the whole or any part of this Platform (in particular, the Data) or any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text except that you may (subject always to Clause 9.4 below):
(a) print off one copy or download the Data only for your own personal use (if you are a private individual) or for your own internal business use (in all other cases) and you may draw the attention of others within your organisation to material posted on our Platform.
(b) IA Titan Limited materials (including graphs, charts and tables) protected by copyright may be reproduced free of charge in any format or medium for research and private study. This is subject to the material being reproduced accurately and not used in a misleading context. You must identify the source (give the title of the document from which the item is taken) and state that it is IA Titan Limited copyright.
(c) In order to simplify the process and reduce unnecessary administration and delay for re-users of our copyright material, extracts of up to 300 words (including graphs, charts and tables) may be re-used without the need to apply for a licence. This is subject to the material being reproduced accurately and not used in a misleading context. You must identify the source (give title of the document from which the extract is taken) and state that it is IA Titan Limited copyright.
If you do not fall within (a), (b) or (c) above, to reproduce IA Titan Limited copyright material, you must apply to us for a licence by email to [[email protected]] or by writing to IA Titan Limited, Camomile Court, 23 Camomile Street, London EC3A 7LL. All requests will be considered on a case-by-case basis.
9.4 Save to the extent permitted in Clause 9.3 above, under no circumstances are you permitted or authorised to supply or resell the Data (or any part of it) to third parties, or extract or re-utilise any or all of the Data for commercial purposes, without obtaining a licence to do so or the prior written consent of IA Titan Limited.
9.5 The copying and use of IA Titan Limited logos is not permitted without the prior approval of IA Titan Limited.
9.6 If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
All trademarks, trade names, logos and graphics on this Platform may not be used without the prior written consent of IA Titan Limited, third party trademarks, trade names, logos and graphics remain the property of their owners who are responsible for any consents required for use.
11. PROHIBITED USES
11.1 You may use our Platform only for lawful purposes. You may not use our Platform:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) in any way that causes, or may cause, damage to our Platform or impairment of the availability or accessibility of our Platform or which is otherwise harmful in nature;
(d) for the purpose of harming or attempting to harm minors in any way;
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
(g) to knowingly transmit any data, send or upload any material that contains (including without limitation) viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of these Terms;
(b) not to attack our Platform via a denial-of-service attack or a distributed denial-of service attack; and
(c) not to access without authority, interfere with, damage or disrupt:
(i) any part of our Platform;
(ii) any equipment, server or network on which our Platform is stored or any server, computer or database connected to our Platform;
(iii) any software used in the provision of our Platform; or
(iv) any equipment or network or software owned or used by any third party.
11.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
12. SUSPENSION AND TERMINATION
12.1 We will determine, in our sole discretion, whether there has been a breach of these Terms through your use of our Platform. When a breach of these Terms has occurred, we may take such action as we deem appropriate in our sole discretion.
12.2 Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Platform;
(b) issue of a warning to you;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) further legal action against you; and/or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.3 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
You hereby indemnify and hold us, and the Indemnified Parties harmless from and against all liabilities, damages, losses, costs and other expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms or other liabilities arising out of your use of our Platform.
14.1 IA Titan Limited reserves the right at any time to amend these Terms without notice to you. We will do so by posting revised terms on this Platform. It is your responsibility to check these on any future visit.
14.2 These Terms shall be governed by and construed exclusively in accordance with English law. Any dispute arising under these Terms or with any non-contractual obligations arising out of it shall be subject to the exclusive jurisdiction of the English courts and, by using this Platform, you hereby submit to and waive any objections to, the jurisdiction of such courts.
14.4 The defined terms used un these Terms are as follows:
“Data” means any information and/or materials (including without limitation statistical materials) contained on this Platform or made available to you in connection with this Platform from time to time;
“Group Entities” means any person that is connected to the IA Titan Limited, including IA Titan Limited’s ultimate holding company and any subsidiary of IA Titan Limited and/or that ultimate holding company from time to time;
“Indemnified Parties” IA Titan Limited’s Group Entities, its and their directors, officers, employees and agents;
“Intellectual Property Rights” means trademarks, trade and business names, domain names, copyright and moral rights, rights in databases, patents, rights in confidential information and all other intellectual property rights (in each case whether registered or unregistered and including applications for any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
14.5 If you have any concerns about material that appears on our Platform, please contact [email protected]
15. 30-Day Free Trial
This 30-Days Free Trial offer, which is made to you by IA TITAN (as defined in the IA TITAN’s Terms and Conditions of Use), entitles you access to the IA TITAN platform for a period of thirty (30) days from the moment that your registration is confirmed and you receive your login details. If you decide that you do not want to become a paying subscriber of IA TITAN upon the lapse of the free trial period, you have to terminate your subscription by replying to the email notification of the end of the free trial period. This free trial offer is only open for one subscription per organisation.
IA TITAN reserves the right, in its absolute discretion, to withdraw or to modify this free trial offer at any time without prior notice and with no liability.