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1. Application
1.1. These conditions
apply to all provision of services ("Services) by Country Briefings Limited
( "us", "we", "our" "ours") to you ("you", "your") on the www.countrybriefings.com
websites (the "Site"). The Services are all information provided by us
to you on payment by you to us of the price of the Services in accordance
with Condition 4.2.
1.2. These conditions
("Conditions") shall apply in place of and prevail over any terms or conditions
contained or referred to in your order or in correspondence or elsewhere
or implied by trade customer practice or course of dealing unless specifically
agreed to in writing by a director or other authorised representative
of us and any purported provisions to the contrary are excluded or extinguished.
1.3. All statements
(whether written or oral), descriptions, drawings, sketches, photographs,
illustrations, diagrams or specifications concerning the Services made
or given by or on behalf of us before contract, whether on the Site, in
catalogues, brochures, leaflets, price lists or otherwise, are for the
purposes of information and guidance only.
2. Acceptance
2.1. A quotation by
us does not constitute an offer and we reserve the right to withdraw or
revise any quotation at any time prior to our acceptance of your order.
2.2. The information
contained on the Site constitutes an invitation to treat and not an offer.
When you send an order by means of the Site for Services, your order shall
constitute an offer for the Services selected. If we accept your order,
we will indicate our acceptance by sending you an email to the email address
supplied with the order containing the Services ordered by you ("Email
Acceptance"). Contract or agreement for the Services selected shall only
be formed once our Email Acceptance is correctly sent to the address of
your electronic mailbox on your Internet access provider's server. Until
our Email Acceptance is correctly sent, we will not be under any obligation
to you. It is your responsibility to verify that your mailbox is in proper
working order and you must assume the risk of all consequences for transmission
or operational failures.
2.3. We shall be
under no obligation whatsoever to accept repeat or any other orders from
you.
3. Prices
3.1. The prices displayed on this
site are quoted in US$.Unless otherwise stated prices are inclusive of VAT
(if applicable)
and any other duties,taxes or charges payable in respect of the
services Country Briefings provide.
3.2. We may also increase
our prices at any time upon email notice to you to take account of any
increase in costs relating to the Services to us.
3.3. If you are a UK subscriber and require a VAT
receipt please contact us' then put in a link.
4. Payment
4.1. Payment information
for payment for Services must be submitted to us via our payment partner,
Worldpay's ("Worldpay"), site which you will enter via our Site. Worldpay
is authorised to accept payment for the Services on our behalf. Worldpay
will charge your payment card before we provide the Services to you.
4.2. Worldpay will
accept Visa, Mastercard and American Express for payment of the Services
by you.
4.3. In the circumstances
described in Condition 9.2, all unpaid balances owing to us from you shall
become a debt immediately due and payable to us.
4.4. If you default
in respect of any payment (in respect of any contract) we may charge interest
at 3% above Barclays Bank plc's base rate per annum for the time being
on any sum owed to us under the contract which is not paid on the date
specified in Condition
4.2 or even if paid
on the date specified in Condition 4.2, is subsequently found to have
been paid by unauthorised use of a credit card, after as well as before
any judgement which shall accrue from the due date of payment until the
date of actual receipt by us.
4.5. You shall pay
to us, in addition to other amounts payable hereunder, any costs reasonably
incurred by us (including, without limitation, legal costs and fees of
debt collection agencies and interest thereon) in recovering any amounts
due to us from you hereunder.
4.6. We may apply
sums received from you in our absolute discretion against any debt due
to us from you (under any contract), irrespective of any purported application
of such sums by you.
4.7. Where any business,
company or division of ours is indebted to you in respect of goods or
services supplied by you (whether or not such debt is then due and payable),
we may, without prior notice to you, set off any or all of such indebtedness
against any monies owing by you to us, whereupon you shall, to the extent
of such set-off, be discharged from your obligations to pay for the Services
(without prejudice to any other remedies of ours in respect of any non-payment
or other default by you) and we shall to the same extent be discharged
from our indebtedness to you.
4.8. Refunds will
be given by us to you at our discretion.
5. Delivery and
Completion
5.1. Services are
delivered to you when we send an email containing the Services to the
email address provided by you to us with your order or when you download
from the site.
5.2. Completion, delivery
or despatch dates in Email Acceptance or elsewhere are approximate only
and are of no legal effect. We shall not be under any liability to you
in respect of any failure to deliver or complete any Services on any particular
date or dates. You shall not be entitled to cancel or to delay or refuse
delivery should delivery be made after the delivery date in Email Acceptance
or as agreed elsewhere in writing.
5.3. Save for the
purposes of Conditions 4.1 to 4.7 inclusive and Condition 9.2, each delivery
shall be treated as a separate contract. Any failure by us in connection
with any partial delivery(s) or instalment(s) shall not entitle you to
cancel the contract in respect of Services previously supplied or to be
supplied.
5.4. You shall accept
provision of the Services by any date stated by us or requested by you
or (if none) within a reasonable time. We may deliver or complete early
where reasonable.
5.5. The Services
and all data and information provided by us in connection with the Services
are available for your personal use only and the same may not be passed
on or otherwise made available by you to any other person without our
prior written consent.
6. Intellectual
Property
6.1. In these terms
and conditions "Intellectual Property Rights" means all or any intellectual
and industrial property rights, including without limitation patents,
copyright, design rights (whether registered or unregistered), trade marks,
know how and confidential information.
6.2. All Intellectual
Property Rights in the Services are and shall remain our absolute and
exclusive property. You shall not use any trademarks or tradenames applied
to or used by us in relation to the Services in any manner not approved
by us in advance in writing.
7. Third Party
Claims
7.1. You shall indemnify
us keep us indemnified and hold us harmless against any liability including
damages penalties costs and expenses incurred by us in relation to any
third party claims arising from your use made of or dealings in the Services
(irrespective of whether they involve our negligence or that of our agents
or employees), except if arising from our wilful default.
7.2. You shall notify
us forthwith of any claim made or action brought or threatened alleging
infringement of the rights of any third party. We shall have control over
and shall conduct any such proceedings in such manner as we shall determine.
You shall provide all such reasonable assistance in connection therewith
as we may request.
8. Services
8.1. We give no warranties
in relation to the Services.
8.2. We do not exclude
any liability which cannot be excluded as between you and us under any
United Kingdom legislation.
9. Termination
and Suspension
9.1. Termination of
the contract howsoever caused shall be without prejudice to any rights
or liabilities to the contract of you or us accrued at the date of termination.
9.2. We may by notice
(without prejudice to our other rights or remedies) terminate or suspend
our performance of the whole or any outstanding part of the contract in
the following circumstances:
(a) you fail to pay
for the Services on the date required under these Conditions or breach
any other term of the contract or these Conditions, or if you are late
in payment or otherwise breach any other contract for the sale or purchase
of goods or services between you and us;
or (b) you enter into
a deed of arrangement or commit an act of bankruptcy or compound with
your creditors or if a receiving order is made against you or if an order
is made or a resolution is passed for your winding up or if an order is
made for the appointment of an administrator to manage your affairs business
and property or if a receiver or administrative receiver is appointed
of any of your assets or undertaking or if circumstances arise which entitle
the Court or a creditor to appoint a receiver or manager or which entitle
the Court to make a winding?up order or if you takes or suffer any similar
or analogous action in consequence of debt;
or (c) we have reasonable
grounds for suspecting that an event in Condition 9.2((b)) has occurred
or will occur, or that you will not pay for the Services on the due date.
10. Right of cancellation
10.1. You agree that
the right to cancel the contract pursuant to the Consumer Protection (Distance
Selling) Regulations 2000 does not apply to you once we provide the Services
by delivering the Services to you in accordance with Condition 5.1.
11. Liability
11.1. THE CONTENT
OF THIS SITE, ITS ARTICLES, PAGES AND DOCUMENTS AND THE SERVICES ARE FOR
GENERAL INFORMATION. THEY DO NOT CONSTITUTE THE OFFERING OF INVESTMENT
ADVICE EITHER ACTUAL OR IMPLIED AND AS DEFINED WITHIN THE FINANCIAL SERVICES
ACT 1986, AND SHOULD NOT BE RELIED UPON IN ANY WAY IN MAKING (OR NOT MAKING)
ANY DECISION, IN RESPECT OF WHICH READERS OR SUBSCRIBERS SHOULD REFER
TO THEIR USUAL INVESTMENT ADVISOR. THE INFORMATION OR ANY OPINION EXPRESSED
CONSTITUTES NO RECOMMENDATION AS TO THE PURCHASE OF PARTICULAR SECURITIES
OR ANY OTHER FINANCIAL PRODUCTS. THE INFORMATION USED WAS OBTAINED FROM
SOURCES WHICH WE BELIEVES RELIABLE BUT THOSE SOURCES DO NOT GUARANTEE
THE ACCURACY OF THE CONTENTS IN ANY WAY. 11.2. EXCEPT WHERE EXPRESSLY
STATED IN THESE CONDITIONS, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH
RESPECT TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY
EXCLUDE ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS
OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISE IN CONTRACT, STATUTE,
OR OTHERWISE, AND IRRESPECTIVE OF OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES
OR AGENTS) IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION
ANY RELATING TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE,
CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS
BUT EXCLUDING IMPLIED STATUTORY WARRANTIES RELATING TO TITLE). SAVE AS
EXPRESSLY ACCEPTED IN THESE CONDITIONS, WE, OUR BUSINESS PARTNERS, OUR
AGENTS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE IN CONTRACT,
TORT OR OTHERWISE WHETHER EXPRESSLY OR BY IMPLICATION IN RESPECT OF ANY
SERVICES, INFORMATION PROVIDED OR MADE USE OF. 11.3. OUR LIABILITY UNDER
THE CONTRACT (WHETHER BY REASON OF BREACH OF CONTRACT, TORT OR OTHERWISE
INCLUDING UNDER INDEMNIFICATION PROVISIONS (IF ANY)) SHALL BE LIMITED
TO THE VALUE OF THE CONTRACT UNDER WHICH THE SERVICES HAVE BEEN SOLD.
11.4. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR
LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS PROJECTS,
LOSS OF OPPORTUNITY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSSES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES INCLUDING
WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION PROVIDED IN THE SERVICES
OR ANY DELAYS IN THE PROVISION OF THE SERVICES OR ANY INABILITY BY YOU
TO ACCESS THE SERVICES OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT
OF THE SERVICES REGARDLESS OF (A) OUR NEGLIGENCE (EITHER SOLE OR CONCURRENT);
OR (B) WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS.
11.5. Without prejudice
to Conditions 11.1 and 11.4 your sole remedy shall be in damages.
11.6. No action may
be brought against us in connection with the Services or the contract
unless proceedings are issued against us within two years after you became
or ought to have become aware of the circumstances giving rise thereto.
11.7. This Condition
11 applies notwithstanding any fundamental breach or breach of a fundamental
term of the contract by us.
12. Force Majeure
12.1. We shall not
be liable for any failure to comply with the contract related to any circumstances
whatsoever (whether or not involving our negligence) which are beyond
our reasonable control and which prevent or restrict us from complying
with the contract.
12.2. We may where
reasonable in all the circumstances (whether or not involving our negligence)
without liability suspend or terminate (in whole or in part) our obligations
under the contract, if our ability to provide the Services by our normal
means is materially impaired.
13. Miscellaneous
13.1. You may not
assign the contract without our prior written consent. We may subcontract
our obligations under the contract in whole or in part.
13.2. Notices must
be in writing to us or your address and are deemed delivered on the first
working day after sending by hand or (subject to confirmation of transmission)
by facsimile, or, within the UK, on the third working day after being
placed prepaid in the first class post to you or our UK address. Qualified
acceptances by you on delivery notes shall not constitute notice of any
claim or acceptance by us of any such qualification.
13.3. The headings
in this contract are for convenience only and shall not affect the interpretation
of the contract.
13.4. No failure by
us to enforce any provision of this contract shall be construed as a release
of our rights relating thereto or to sanction any further breach.
13.5. If any provision
of the contract is found to be invalid or unenforceable it shall have
effect to the maximum extent permitted by law, or, if not so permitted,
shall be deemed deleted.
13.6. The provisions
of Conditions 7.1 and 11 shall survive any termination of the contract.
13.7. No remedy conferred
by any of the provisions of the contract is intended to be exclusive of
any other remedy, except as expressly provided in the contract and each
and every remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing in law or in
equity or by statute or otherwise.
13.8. Nothing in these
Conditions is intended to confer on any third party (whether referred
to in these Conditions by name, class, description or otherwise) any benefit
or any right (under the Contracts (Rights of Third Parties) Act 1999 or
otherwise) to enforce any provision of these Conditions or any agreement
entered into in connection with them.
14. Law
14.1. This contract
shall be governed by and construed in accordance with the laws of England.
You hereby agree, for our exclusive benefit, that the English courts shall
have sole jurisdiction to hear all claims or proceedings connected with
the Services or the contract. We may nevertheless bring claims in any
other courts of competent jurisdiction.
Introduction We, Country
Briefings (CB), are committed to safeguarding your privacy online. We
believe that the best way to protect the privacy of users of our website
located at www.countrybriefings.com (the "Site") is to tell you what information
we gather and ensure that you understand and consent to our uses of such
information. We may occasionally modify the privacy policy and will post
those changes on this page so that you are always aware of what information
we collect, how we use it, and under what circumstances we disclose it.
We may let you know via the homepage when this happens but you should
check the policy frequently to read the changes. Please note that the
Site contains links to and from other websites. We are not responsible
for the privacy practices or the content of such websites and the information
practices of those websites are not covered by this privacy policy. We
have set out below answers to frequently asked questions regarding our
privacy policy.
- What information
do we collect?How do we use it?
When you visit the Site, we may ask you for contact information, personal
details and your email address.This enables us to provide you with the
financial and business and political information and other general information
you request from CB. We may also use your personal information to track
activity on the Site. We do this in order to serve you better as we
understand how you and other visitors use the Site. Whenever we collect
personal information we make an effort to include a link to this privacy
policy on that page.
- Do we share
the information we receive?
We operate in partnership with Worldpay to process the payment information
you submit when you purchase our products. We, therefore, pass some
of your personal details to Worldpay to enable them to process the payment
information you submit. We otherwise do not disclose information about
your individual visits to the Site or personal information which identifies
you to any third parties unless we have your prior consent. However,
we may share non-personal aggregate, or summary, information regarding
our customers with advertisers, partners or other third parties. As
we develop our business, assets may be bought and sold. In the unlikely
event that CB or part of CB's assets are acquired by another entity,
customer data may be an asset which is transferred. Your Choice From
time to time we may use the information we collect to notify you about
important functionality changes to our Site and about new and improved
products and services we think you will find valuable and interesting.
If you do not want to receive such mailings, simply tell us when you
give us your personal information or email us at privacy@countrybriefings.com
- Where will the
data be stored? How secure is it?
Your information is stored on our in-house database which only our employees
can access. [This, or the dynamics of the Internet may mean that information
is sent electronically to servers outside of the country where you originally
entered the information. In addition, that information may be used,
stored and processed outside the country where you entered that information.
While there is a risk that countries to which information is transferred
will not be subject to an information protection regime as rigorous
as that of the UK, we will always take steps to ensure that your information
is treated securely and adequately protected in accordance with this
privacy policy. ] Unfortunately, no data transmission can be guaranteed
to be 100% secure. As a result, while we strive to protect your personal
information, we cannot ensure or warrant the security of any information
you transmit to us and you do so at your own risk. Once we receive your
transmission, we make our best effort to ensure its security on our
systems.
- What about
"cookies"?
"Cookies" are small pieces of information that are stored by your browser
on your computer's hard drive. Most Web browsers automatically accept
cookies, but you can usually change your browser to prevent that. We
only use cookies to keep track of the pages you visit on the Site and
to tell us whether you have visited the Site previously so that, in
order to serve you better, we understand how you and other visitors
use the Site. By modifying your browser preferences, you have the choice
to accept all cookies, to be notified when a cookie is set, or to reject
all cookies. However, if you choose to reject all cookies, you will
be unable to use parts of the Site. Your Consent By using the Site and
submitting information, you consent to:-
(i) the collection and use of your personal information by us as described
above;
and (ii) the transfer of your personal information to countries outside
the European Economic Area. Accuracy of Your Personal Information You
can check the information which we hold on you by emailing us at privacy@countrybriefings.com
. We will send you the information (as held by us) within the appropriate
legal time limit and will try to send it within 14 days. Further Information
Questions regarding this privacy policy should be directed to privacy@countrybriefings.com
.
Copyright
© 2005 Country Briefings Ltd, trading as CountryBriefings.com
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