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Gibson Index Ltd
info@gibson-index.com
22 South Audley St
London W1K 2NY
020 7629 4064
www.gibson-index.com

GIBSON INDEX LTD – Terms & Conditions, July 2013

Gibson Index Newsletter: Supply of Monthly Newsletter – Subscription Licence Agreement – 12 issues per annum, by electronic distribution only.

These terms of use apply to the access to and use of the Gibson Index Newsletter by Subscribers (the ‘Subscriber’).

This Subscription Licence Agreement (‘Agreement’) is between the Subscriber and Gibson Index Ltd (‘Gibson Index’).

1. Definitions

In this Agreement:
‘Gibson Index Service’ means the business information services which may be accessed by its fee paying subscribers via the following websites:
www.gibson-news.com;
or any other Gibson Index web platform subscription service as may be offered from time to time.
‘Subscription Fee’ means the fees charged for use of the Gibson Index Service as stated in this Agreement
‘Information’ means any information, except Web Content, contained in the Gibson Index Service;
‘Password’ means an individual password provided by Gibson Index to the Subscriber pursuant to which a Subscriber is enabled to access the Gibson Index Service;
‘Web Content’ means publicly available content which may be accessed through the Gibson Index Service via links to third party sites on the internet, and which is identified within the Gibson Index Service as being from a web site.

2. Gibson Index Service

2.1 Gibson Index grants to the Subscriber a non-exclusive, non-transferable, non-sublicensable, non-assignable license to access the Gibson Index Newsletter and the Information pursuant to the terms of this Agreement.

2.2 Gibson Index retains control and ownership of the form and content of the Gibson Index Newsletter. The Subscriber shall not acquire any ownership rights in the Gibson Index Service or the Information, and the Subscriber shall not alter the form or content of the Gibson Index Newsletter without the written permission of Gibson Index.

2.3 The Information contained within the Gibson Index Newsletter is either licensed from third party information providers or is proprietary to Gibson Index Newsletter. The Subscriber acknowledges that rights to use the Information in this Agreement are contractual and exist independently of copyright law, accordingly these rights cannot be affected by any licence from a copyright holder or a reproduction agent acting on their behalf.

3. Use of the Gibson Index Newsletter

3.1 The Subscriber may:
(a) review and download Information for his/her own use; and
(b) include in internal reports and/or reports to customers, on an occasional and infrequent basis, data extracts from the Information, provided that such data extracts are attributed to Gibson Index Newsletter as the source.

3.2 The Subscriber shall not:
(a) reproduce, distribute, display, sell, publish, broadcast or circulate the Information to any third party (other than as authorized in section 3.1(b)), nor make the Information available for any such use;
(b) remove, conceal or alter any copyright notices contained in the Gibson Index Newsletter or the Information;
(c) create or store in electronic form any shared library or archive of Information which could be used as a research application (other than as authorized in section 3.1(b));
(d) use the authority granted in section 3.1(b) as a substitute for other users to subscribe for the Gibson Index Newsletter, and for the avoidance of doubt, the Subscriber may not on a regular basis, or an irregular but frequent basis, distribute more than small amounts of the Information to any individuals; or
(e) share any current or future Password with any third party.

3.3 The Subscriber shall comply with any additional restrictions notified by means of any on-screen notices contained within a data item to which the additional restriction relates.

4. Subscription Fee

4.1 The Subscriber agrees to pay the Subscription Fee to Gibson Index Newsletter with electronic payment via the standard PayPal website method. In addition to the relevant Subscription Fee, the Subscriber shall be responsible for VAT. In August 2010 the Annual Subscription Fee was set at £58 + VAT. Gibson Index Ltd reserves the right to increase the Annual Subscription Fee in future.

4.2 If the Subscriber is based within any member state of the European Union, then VAT will be charged unless a valid VAT number is provided to Gibson Index Ltd. If the Subscriber is based outside the European Union, then no sales or value added tax will be charged. These statements are true as at 1 January 2006, the position may change which could result in a Subscriber becoming liable to pay any such tax.

4.3 Gibson Index reserves the right to increase the Subscription Fee on each anniversary of the Commencement Date by no more than the prevailing UK RPI.

5. Term and termination

5.1 This Agreement will continue for 12 months of the Subscription Fee, and is non-refundable.

5.2 If the Subscriber commits a material breach of this Agreement, Gibson Index Newsletter may suspend any Service without notice or penalty until such breach is remedied. Gibson Index Newsletter will give the Subscriber written or electronic notice of such breach.

6. Warranty, liability, indemnity and force majeure

6.1 Gibson Index Newsletter, owned by Gibson Index Ltd, shall make reasonable efforts to ensure the accuracy and reliability of the Gibson Index Newsletter content. Except as specified in this Agreement, all express or implied representations, warranties, conditions and undertakings are excluded. This Agreement does not give the Subscriber any rights against third party information providers with respect to use of Information.

6.2 Gibson Index Newsletter accepts liability only for: death or personal injury caused by its negligence; or any other direct loss or physical damage caused by its negligence or wilful misconduct. Neither Gibson Index Newsletter, nor any of its affiliates, will be held liable in relation to the accuracy or timeliness of the Information or for any loss or damage of any type in connection with the provision of or failure to provide Gibson Index Service, except as set out in this section 7. The total liability of Gibson Index Newsletter under this Agreement shall, to the extent permitted by law, under no circumstances exceed the Subscription Fee paid by the Subscriber in the twelve months preceding such claim.

6.3 Gibson Index Newsletter shall have no liability in respect of any delay or failure to carry out any of its obligations under this Agreement caused by fire, strikes or other industrial action or dispute, acts of Government, default of suppliers or subcontractors, or any circumstances outside the reasonable control of Gibson Index Newsletter.

6.4 The Web Content is not included as Information for the purposes of this Agreement and Gibson Index Newsletter does not accept any liability in relation to the Web Content.

6.5 The Subscriber shall indemnify Gibson Index Ltd for any loss or damage suffered arising out of any use of the Information beyond the rights expressly granted to the Subscriber under this Agreement.

7. Notices

7.1 Other than as set out below, all notices shall be in writing, and delivered by facsimile or electronic mail, to the addresses stipulated by each party. Notice shall be deemed received on the date actually received.

8. General

8.1 The terms and conditions set out in this Agreement represent the entire agreement between both parties relating to the Gibson Index Newsletter and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.

8.2 The official language of this Agreement shall be the English language and no translation into any other language may be used in its interpretation.

8.3 This Agreement shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts to resolve any disputes between them.

9. Refund Policy

Gibson Index Ltd will offer a full refund to a new subscriber up to 14 days from the date the subscription agreement was signed, thereby cancelling your annual subscription to the Newsletter. No refunds for the Newsletter will be allowed after the first edition has been delivered to the subscriber. No refunds for subscriptions to the database will offered.

10. What is Gibson Index?

Gibson Index Limited (a company incorporated in England under number 4760 413) whose registered office is:

Gibson Index Ltd
22 South Audley St
London W1K 2NY
Tel: +44 (0)20 7629 4064

11. What is Gibson Index Newsletter?

Gibson Index Newsletter is owned by Gibson Index Ltd. It is a monthly eNewsletter that is published and distributed electronically each month, 12 issues per annum.

© 2013 Marcus Gibson