Terms and Conditions

Introduction

The website (the "Site") you are visiting is operated by MerchantCantos (UK) LLP ("us", "we", "our" or "MerchantCantos") either on our own behalf or on behalf of one or more of our clients ("MerchantCantos Clients").

Your use of the Site is subject to these Terms of Use, which you accept by using the Site. These Terms of Use may be updated by us at any time without notice to you. The current version is always available on the Site.

1. The Site is proprietary and you may not copy anything on or in it

All copyright and other rights (including, without limitation, intellectual property rights) in and to the Site and the material (the "Content") on the Site are owned by us or by others. You may not use, copy, adapt, modify, sell, license, distribute, redistribute, transmit, display, publish or create works derived from the Site or the Content or any part thereof, except that:

  • you may do anything permitted under applicable law (including journalists using the content to report current events); 
  • you may forward the transcripts we provide to your colleagues or clients for their own internal and non-commercial use (provided you do so (i) without altering the transcript/removing our logo or removing any of our copyright or proprietary notices; and (ii) in the case of your clients, as an incident of and ancillary to your role as their adviser and not for commercial gain); 
  • you may download Content in connection with any Downloadable Services that we make available to you, such downloading to be undertaken in accordance with these Terms of Use; and
  • you may link to the homepage of the Site and share video Content in accordance with these Terms of Use.

"MerchantCantos" is our trade mark and there are other trademarks, names and logos on the Site which belong to us or other people. You do not have any licence or right to use any of them.

2. Downloadable Services

Where we provide downloadable services relating to any of the Content (the "Downloadable Services") you shall be entitled to use the Downloadable Services for your own internal and non-commercial use. Any other use of the Downloadable Services and/or the Content provided by us in connection with the Downloadable Services is strictly prohibited. You may not edit, adapt, modify or redistribute the Content from any Downloadable Services unless we expressly label such Content as being "available for editing and transmission".

Where we have expressly labelled Content from certain Downloadable Services as being "available for editing and transmission" you may edit and transmit such Content ("Usable Content") provided that you shall not:

  • delete, alter or adapt Usable Content (or any part thereof) in a manner that distorts the Usable Content's original meaning;
  • use or transmit Usable Content (or any part thereof) out of context;
  • delete, alter or adapt Usable Content (or any part thereof) in a manner that is or may be prejudicial to the honour or reputation of MerchantCantos, our clients or the person(s) portrayed in the Usable Content;
  • edit, alter or modify the Usable Content in a way that infringes any copyright, trade mark or other intellectual property right of any other person or organisation;

and you shall indemnify us for any loss that we may suffer or liabilities that we may incur as a result of any breach by you of these obligations.

3. Linking to the Site and sharing video Content

You may link to the homepage of the Site and share video Content only, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it and identifies us as the originator of the video Content and provided further that you do not:

  • remove any copyright or proprietary notices from such video Content; or
  • establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
  • establish a link from or share video Content on any website that is not owned by you.

We reserve the right to withdraw linking and sharing permission without notice.

If you wish to make any use of any Content on the Site other than that set out above, please address your request to viewersupport@merchantcantos.com.

4. The Site does not provide any advice or recommendation

None of the Content constitutes any advice or recommendation whatsoever in relation to any security, investment, potential investment or decision. No decision of any kind should be made on the basis of the Content.

5. Exclusion of warranties

It is part of our ethos that the Site allows businesses to speak for themselves. It follows that most of the Content comprises statements made or information provided by others. All of the Content is made available as is and without any verification by us. Neither we nor any of MerchantCantos Clients makes any representation or warranty that the Content is accurate, up-to-date or complete or that any expressions of opinion or statements of intention are reasonable or honest.

Without limiting the foregoing and to the extent permitted by law, the Site and the Content is made available WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS. IMPLIED AND WE EXPRESSLY EXCLUDE ALL WARRANTIES WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, THE LAW OF EQUITY OR IN ANY WAY OTHERWISE IN RELATION TO THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

We do not warrant that the Site will be available on an uninterrupted basis, that it will be error-free, that defects will be corrected, or that the Site, the server that makes available the Content, or the Downloadable Services will be free of viruses or other harmful material.

6. Limitation of our liability

Nothing in these Terms of Use shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

To the fullest extent permitted by law, we, other members of our group of companies, MerchantCantos Clients and anybody else who helped create, host or provide access to the Site and the Content hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site or the Downloadable Services, any websites linked to the Site and any Content including Usable Content, including but not limited to:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;
  • loss arising from any inaccuracies, omissions or misleading, false or deceptive statements in the Content; and
  • 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.

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7. Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

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 the Site will cease immediately.

8. The information you provide

In consideration of your use of the Site, you agree (a) to provide true, accurate, current and complete information about yourself when prompted by any registration form or any other form you may be asked to complete at any time and (b) to maintain and update promptly any personal information which you are able to update on the Site so as to keep it true, accurate, current and complete.

9. Data protection

We process information about you in accordance with our privacy policy www.merchantcantos.com/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

We follow appropriate security procedures in the storage of personal information so as to prevent unauthorised access by third parties. However, as the internet is not a totally secure medium we cannot guarantee the security of your data transmitted to Site and any transmission is at your own risk.

10. It may not be lawful for you to access the Site

You are not entitled to access the Site or the Content or any part thereof or use the Downloadable Services if doing so would involve a breach of law by you or us in any country. It is your responsibility to check this.

11. We may restrict access

We are entitled to restrict any user or category of users from accessing all or any part of the Site and the Content. We may require a user or any category of users to complete additional forms before obtaining access to any part of the Site and the Content.

We will not be liable if for any reason the Site is unavailable at any time or for any period.

12. Links

On the Site we have provided links to other web sites. If you use these links, you will leave the Site. We have not reviewed any of these other web sites and we do not control and are not responsible for any of them or their content. We do not endorse or make any representations about them or any information or product or materials you may find there. If you decide to access any site linked to this Site, you do so entirely at your own risk.

13. Third parties

You agree that each member of our group of companies and MerchantCantos Clients shall be third party beneficiaries to these Terms of Use and shall be entitled to directly enforce, and rely upon, any provision of these Terms of Use which confers any rights in favour of them. Other than these parties, no other person or company shall be a third party beneficiary of these Terms of Use.

14. Jurisdiction

These Terms of Use and any claim relating to the use of the Site and the Content are governed by English law and you consent to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising in connection therewith.