Terms of Use

 

THESE TERMS OF USE (THE "TERMS OF USE") ARE ISSUED BY COMPETIVA Consulting LTD LTD AND ITS DIRECTLY AND INDIRECTLY HELD COMPANIES (TOGETHER, "COMPETIVA "). THEY APPLY TO ALL WEBSITES, MICRO-SITES, BLOGGING SITES AND OTHER ONLINE DIALOGUE PLATFORMS OWNED OR MANAGED BY OR ON BEHALF OF COMPETIVA UNDER THE URL COMPETIVA.CO.UK  

By accessing the Competiva sites and any page thereof, you agree to be bound by these terms of use and to comply with any applicable laws and regulations. If you do not agree to these Terms of Use, do not proceed to further pages of this Competiva  site.

Competiva reserves the right to vary or amend these Terms of Use at any time and Competiva is under no obligation to inform you about such variations or amendments. The most recent version of the Terms of Use will govern the services on Competiva Sites and will always be available on the Competiva. By continuing to access or use this Competiva Site after any changes become effective, you agree to be bound by the revised Terms of Use. Please visit these Terms of Use on a regular basis to ensure that you have read the latest version. These Terms of Use were updated the last time on the date indicated at the end of the Terms of Use.

The headings used for each of the paragraphs of these Terms of Use do not affect its interpretation. The reference to a “person” is a reference to an individual, a body corporate and an unincorporated association of persons. “You” means a user of Competiva Sites. “We” means Competiva. 

For the purpose of these Terms of Use, “Content” means any text, written work, software, database, format, graphic, image, photo, video clip, podcast, listing or any other information or material which appears on or forms part of a Competiva Site.

 

Local access restrictions and additional local information

Competiva Sites and all Content and functionality contained within them are not directed to or intended for use by any person resident or located in any country where the distribution of such Content or functionality is contrary to the laws, rules or regulations of such country. The same applies to any person resident or located in any country where such distribution is prohibited without obtaining the necessary licenses or authorisations and such licenses or authorisations have not been obtained. If any such local access restriction applies to you, you are not authorised to access the relevant Competiva Site or use any of the Content on it.

Competiva is an international group of companies active in the consulting and training business in several countries. Competiva offices in particular countries may be subject to additional or different laws, rules, regulations and/or supervisory standards. Please note that, in addition to these Terms of Use, Competiva Sites may include legal information specific to one or several countries. Such information may, in particular, include corporate and contact information, local licensing information or other local disclosure requirements. Such information shall not be construed or interpreted as being an advice on such matters and may not be relied on.

Company information and website operation

Competiva Sites are group-wide sites that include Content relating to Competiva and its businesses. Competiva Sites are operated on platforms (the “Platforms”, each a "Platform") of one service provider: WIX .com, with principal place of business in the U.S.A. The Service Provider own all right, title, and interest to all software, products, works, and other intellectual property created, used, or provided by such Service Provider including, but not limited to, the Platform and any other part of the Services. Competiva Sites include various functionalities, including, but not limited to, log-in, commenting, posting, uploading, sharing subscription, RSS, ordering, downloading and printing functionalities. Certain functionalities of Competiva  Sites may not work unless you have installed appropriate software on your local station. It is the sole responsibility of each user to install the necessary software in order to effectively use Competiva Sites.

 

Competiva makes no guarantee, representation or warranty that all services and solutions described on Competiva  Sites are appropriate or available for use in your country. Some services or solutions may not be available in all countries where Competiva has business activities. Furthermore, some services or solutions may only be available to certain categories of persons. Therefore, please read carefully the relevant description on the respective Competiva Site or request further information about the relevant service or solution.

Content available on Competiva Sites has no regard to the specific objectives, financial situation or particular needs of any specific recipient. Competiva does not guarantee, represent or warrant that any services or solutions discussed on Competiva Sites are suitable for any individual or corporate recipient. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of Content, nor is Content a complete statement of the services or solutions, markets or developments referred to therein. Content should not be regarded by recipients as a substitute for the exercise of their judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or members of Competiva as a result of using different assumptions and criteria. Competiva is not under any obligation to update or keep current the information about services and solutions contained on Competiva Sites.

 

No offer

Content contained on Competiva ASites is just for information purposes. The information is subject to, and must be read in conjunction with, all other publicly available information published by Competiva. No Content available on a Competiva Site constitutes a solicitation, an offer, or a recommendation to buy any services or solutions, to effect any transactions or to conclude any legal act of any kind whatsoever. You or your company may not rely on Content on a Competiva Site for making any decision relating to services or solutions of Competiva.

 

Storytelling, personal opinions and pictures

Competiva Sites may include stories about financial and other markets. The stories may be incomplete or not entirely correct in a scientific sense. Furthermore, Competiva Sites may include personal opinions that are provocative and arguable. Such personal opinions are based on the author’s interpretation of information available at the given time and do not necessarily reflect the view of Competiva. Moreover, Competiva Sites may include pictures that may be understood by users as not entirely appropriate in a particular context. The use of a picture in a particular context is based on the author’s discretion and does not necessarily reflect the view of Competiva. Competiva allows storytelling, personal opinions and pictures on Competiva Sites. Users must not understand them as statement of facts or review them applying scientific criteria. Competiva does not wish and is under no obligation to verify the content of stories or personal opinions or the use of pictures on Competiva ASites. The liability of Competiva for any required accuracy or completeness of stories, the defensibleness of opinions and the appropriateness of the use of pictures shall be excluded to the extent permitted by applicable law, rules and regulations.

Third party statements and quotes Competing Asia-Pacific Ltd Sites may include statements and quotes of third parties relating to Competiva and its business operations. Such statements and quotes are generally labelled as information provided by third parties. Competiva does not and is under no obligation to verify the content of third party statements or quotes on Competiva Sites. The liability of Competiva for the accuracy or completeness of such third party statements and quotes shall be excluded to the extent permitted by applicable law, rules and regulations.

Event information Competiva Sites may include information about future events. Such information may not be accurate, for example, if an event is cancelled due to an insufficient number of registrations after the event information has been placed on a Competiva Site. Competiva  is under no obligation to update or alter its information about future events as a result of new or revised information. Therefore, please verify all event information directly with the event organiser. Competiva ill not be liable for any costs incurred based on wrong event information on Competiva.

No warranties Content contained on Competiva Sites is provided “as is” and “as available”. Competiva, the Service Providers and third party Content providers give no guarantee, representation, warranty or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose, non-infringement, merchantability or otherwise in respect of Competiva Sites or their Content. Without limiting the foregoing, Competiva, the Service Provider and third party Content providers do not guarantee, represent or warrant the accuracy, timeliness, completeness, reliability or availability of Competiva Sites or the information or results obtained from them (whether based on manual access, subscriptions, RSS-feeds or otherwise), or that Competiva Sites or downloads (e.g. PDF, pictures, podcasts, videos) from Competiva Sites are virus-free or error-free. All such guarantees, representations, warranties and conditions are excluded, except to the extent that their exclusion is not permitted by applicable laws, rules and regulations. Please also check disclaimers on or in respect of individual Content on Competiva Sites (e.g. disclaimers on press releases, disclaimers on documents provided by third parties).

Both Competiva Ltd and the Service Providers (without limiting the foregoing) disclaim all guarantees, representations, warranties and conditions with respect to the operation of the Platform and related software for Competiva Sites, express or implied, including, but not limited to, the implied guarantees, representations, warranties or conditions of merchantability, fitness for particular purpose and the non-infringement. Competiva and the Service Provider disclaim all guarantees, representations, warranties or conditions that the Platform and related software are not interrupted or error free. Competiva and the Service Provider disclaim all guarantees, representations, warranties or conditions as to the results that may be obtained from the use of Competiva Sites.

No liability

Neither Competiva, the Service Provider, any third party providing Content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any indirect, special, incidental, consequential, punitive or exemplary loss, liability or costs, whether arising from negligence, breach of contract or otherwise and regardless whether the damage was foreseeable or not. Neither Competiva, the Service Provider, any third party providing Content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any loss of profits, business or data. Neither Competiva , the Service Provider, any third party providing Content, nor any of their respective affiliates, directors, employees, advisors or agents will be liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of any Competiva Site or downloads from any Competiva Site (whether based on manual access, subscriptions, RSS-feeds or otherwise).

 

User Generated Content

You may provide Content to Competiva by using relevant functionalities on Competiva Sites, by logging-in, by e-mail or otherwise ("Submissions"). Furthermore, Competiva may invite users to provide Submissions in own or third party surveys or polls and on a particular issue raised. If you provide Submissions to Competiva, Competiva Ais entitled, but not in any way obliged, to use and make available all or parts of your unmodified or modified Submissions on any Competiva Site. Competiva will not mention your name or contact details, unless you have agreed and you have logged in with an identified account. If you provide Submissions to Competiva  you grant Competiva all necessary rights, if any, or license to use, reproduce, distribute, modify, and publicly display your Submissions on any Competiva site for an unlimited period of time.

By communicating a Submission, you guarantee, represent and warrant that the Submission complies with applicable laws, rules and regulations and in particular:

  • Is legal, decent and truthful and not defamatory, unreliable, misleading or otherwise objectionable;

  • That you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise Competiva to exploit, such Submission in all manners contemplated by these Terms of Use;

  • Does not harm others, in particular minors, or infringe their personal rights.

 

Users must not provide Submissions which:

  • Contain a virus, so-called Trojan Horse, or any other program that could damage data;

  • Amount to advertising material or unsolicited  (so-called "spam") material;

  • Contain inaccurate warnings of viruses, defects or similar material;

  • Solicit or requests participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
     

You hereby agree to indemnify, defend, and hold Competiva harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by Competiva in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of Competiva Sites. You shall use your best efforts to cooperate with Competiva n the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Competiva may deny you access to Competiva Sites at any time, in particular if you breach any of the above provisions.

 

Contacting users

If you subscribe to mailing services, provide comments or otherwise communicate with Competiva through a Competiva Site or e-mails provided on a Competiva Site, you may be requested to provide your contact details, in particular your e-mail address. By providing your contact details you expressly agree that Competiva retains your contact information and may contact you, in particular for the following reasons: requesting clarifications or additional comments; sending Competiva  publications; sending information about Competiva events; asking for your participation in surveys or polls; sending information about services and solutions or other marketing information of Competiva. However, Competiva will not send out mass unsolicited e-mails or mails.

You may when first contacting Competiva or at any time thereafter inform Competiva that you would rather not receive any information or certain information (e.g. promotion material) from Competiva. You may inform Competiva through the general contact functionality provided on any Competiva Site.

Links to and Feeds from External Websites

From certain Competiva Sites you are able to obtain access to websites operated by third parties (“External Websites”) by means of links or RSS functionality. External Websites are not monitored or managed by Competiva and we do not endorse or accept any responsibility for their content or operation. You access External Websites at your own risk. Competiva does not accept any responsibility for any damage or loss you may suffer arising out of access to External Websites, including, but not limited to, damage or loss arising from your use of documents or other information found on External Websites.

Website Privacy

Our Privacy Policy Statement is available on each Competiva Site. You understand that your use of a Competiva ite will result in our processing of personal data that you provide. The Privacy Policy Statement sets out the basis on which we will use personal data. By using a Competiva Site, you are deemed to agree with the terms of the Privacy Policy Statement. In performing your obligations under these Terms of Use, you commit to comply with applicable data protection laws.

General provisions

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.

Certain pages or areas on Competiva Sites may contain additional terms, conditions, disclosures or disclaimers (“Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those pages or areas.

Competiva`s rights under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law, rules and regulations. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use.

Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or another official document.

Governing law / place of jurisdiction

These Terms of Use shall be governed by and interpreted in accordance with United Kingdom law and we and you each submit irrevocably to the exclusive jurisdiction of the competent courts of London.

Contact

If you have any questions relating to these Terms of Use, please contact us using the general contact functionality provided  Competiva site.

Version March 1, 2017