Acceptance of Terms
1.1 Your access to and use of www.mkwisefinancial.com and any Services referred to here, is
subject exclusively to these
Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or
prohibited by these
Terms and Conditions. By using the Website/Services you are fully accepting the terms,
conditions and disclaimers
contained in this notice. If you do not accept these Terms and Conditions, you must immediately
stop using the
Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any
time and your continued
use of the Website/Services following any changes shall be deemed to be your acceptance of such
change. It is therefore
your responsibility to check the Terms and Conditions regularly for any changes.
2. The Services
The Website may provide
communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other
message or
communication facilities (“the Services”) designed to enable you to communicate with
others. Unless stated
otherwise the Services are for your personal and non-commercial use only.
3. Child Supervision
We are concerned about
the safety and privacy of our users, particularly children. Parents who wish to allow their
children access to and use
of the Website/Services should supervise such access and use. By allowing your child access to
the Services you are
allowing your child access to all of the Services, including email, bulletin boards, chat areas,
news groups, forums
and/or other message or communication facilities. It is therefore your responsibility to
determine which Services are
appropriate for your child. Always use caution when revealing personally identifiable
information about yourself or your
children via any of the Services.
4. Privacy Policy
4.1 We are committed to responsible data
management and subscribe to
the principals of the data protection legislation in the United Kingdom. We are committed to
maintaining the privacy of
our users and maintaining the security of any personal information received from you. If you
register for any of the
Services you will be asked to provide basic personal information. The information provided by
you is not available for
sale or use by third parties. The information is used solely for notifying you of changes or
updates to the
Website/Services.
4.2 We use a technology called “cookies” as part of our normal
business procedure to track
patterns of behaviour of visitors to the Website. A cookie is an element of data that the
Website sends to your browser
that is then stored on your system. You can set your browser to prevent this happening. Any
information collected in
this way can be used to identify you unless you change your browser settings.
5. User Account,
Password and Security If
a particular Service requires you to open an account you will be required to complete the
registration process by
providing certain information and registering a username and password for use with that Service.
You are responsible for
maintaining the confidentiality of the username and password and for all activities which take
place under your account.
You agree to immediately notify us of any unauthorised use of your password or account or any
other breach of security.
In no event will www.mkwisefinancial.com be liable for any indirect or consequential loss or
damage whatsoever resulting
from the disclosure of your username and/or password. You may not use another person’s
account at any time,
without the express permission of the account holder.
6. Acceptable Use
6.1 You acknowledge that
all information, text,
graphics, logos, photographs, images, moving images, sound, illustrations, and other materials
(“the
Content”), whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom
such Content originated. We do not control or endorse the Content and cannot guarantee the
accuracy, integrity or
quality of such Content and you acknowledge that by using the Services you may be exposed to
Content that is offensive
and/or indecent. www.mkwisefinancial.com will not be liable in any way for any Content or for
any loss or damage of any
kind resulting from the use of any Content transmitted via the Services and you agree to bear
all risks associated with
the use of any Content, including any reliance on the accuracy or completeness of such Contents
6.2 In using the
Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain
letters, pyramid schemes or
any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or
disseminate material or
information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing
or unlawful;
6.2.3 post,
publish, distribute or disseminate material or information that incites discrimination, hate or
violence towards any
person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4
threaten, abuse,
disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity)
of others;
6.2.5 use
any information or material in any manner that infringes any copyright, trademark, patent or
other proprietary right of
any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or
corrupt
data that may damage the
operation of the computer or property of another;
6.2.7 collect or store personal
information
about others, including
email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any
commercial
purpose, unless such
communication facility specifically allows such messages;
6.2.9 impersonate any person or
entity
for the purpose of
misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the
Website/Services in any manner that
could damage, disable, overburden or impair the Website/Services or interfere with any other
party’s use and
enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material
or
information that you do
not have a right to transmit under any law or under contractual or fiduciary relationships (such
as inside information
or confidential information disclosed in the course of employment or under a confidentiality
agreement);
6.2.13 attempt
to gain unauthorised access to any of the Services, other accounts, computer systems or networks
connected to the
Website/Services through hacking, password mining or any other means.
6.3 We have no
obligation
to monitor the Services
but shall be entitled to review materials posted to a communications facility and, at our sole
discretion, to remove any
material that breaches these Terms and Conditions or is otherwise objectionable.
7. Termination
We have the right to
terminate your access to any or all of the Services at any time, without notice, for any reason,
including without
limitation, breach of these Terms and Conditions. We may also at any time, at our sole
discretion, discontinue the
Website/Services or any part thereof without prior notice and you agree that we shall not be
liable to you or any third
party for any termination of your access to the Website/Services.
8. Links
to Third Party
Websites The Website/Services
may include links to third party websites that are controlled and maintained by others. Any link
to other websites is
not an endorsement of such websites and you acknowledge and agree that Mkwise Financial Ltd is
not responsible for the
content or availability of any such sites.
9. International Use You agree to
comply with all
applicable laws regarding
the transmission of technical data exported from the United Kingdom or the country in which you
reside (if different)
and with all local laws and rules regarding acceptable use of and conduct on the
Internet.
10.
Intellectual Property
Rights
10.1 The Website and its content (including without limitation the Website design,
text,
graphics and all
software and source codes connected with the Website and the Services) are protected by
copyright, trade marks, patents
and other intellectual property rights and laws. In accessing the Website you agree that you
will access the contents
solely for your personal, non-commercial use. None of the content may be downloaded, copied,
reproduced, transmitted,
stored, sold or distributed without the prior written consent of the copyright holder. This
excludes the downloading,
copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2
www.mkwisefinancial.com
does not claim ownership of any materials you post, upload or submit to any publicly accessible
area of the Services.
However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to
copy, distribute,
transmit, reproduce, publicly display, edit, translate, or publish such Content for as long as
you elect to display such
Content via the Services. The license shall be terminated when such Content is deleted from the
Services.
11. Indemnity
You agree to indemnify and hold www.mkwisefinancial.com harmless from and against any breach by
you of these Terms and
Conditions and any claim or demand brought against www.mkwisefinancial.com by any third party
arising out of your use of
the Services and/or any Content submitted, posted or transmitted through the Services, including
without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and
expenses) howsoever suffered or incurred by www.mkwisefinancial.com in consequence of your
breach of these Terms and
Conditions.
12. Disclaimers and Limitation of Liability 12.1 Use of the
Website/Services is at
your own risk. The
Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis
without any representation
or endorsement made and without warranty of any kind whether express or implied, including but
not limited to the
implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security
and accuracy.
12.2 To the extent permitted by law, www.mkwisefinancial.com will not be
liable
for any indirect or
consequential loss or damage whatsoever (including without limitation loss of business,
opportunity, data, profits)
arising out of or in connection with the use of the Website/Services.
12.3
www.mkwisefinancial.com makes no warranty
that the Website/Services will meet your requirements, that Content will be accurate or
reliable, that the functionality
of the Website/Services will be uninterrupted or error free, that defects will be corrected or
that the Website/Services
or the server that makes them available are free of viruses or anything else which may be
harmful or destructive.
12.4
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability
of
www.mkwisefinancial.com for death or personal injury as a result of the negligence of
www.mkwisefinancial.com 12.5
Nothing in these Terms and Conditions shall affect your statutory rights as a
consumer.
13.
Severance If any of these
Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason
by any court of
competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and
Conditions shall
survive and remain in full force and effect and continue to be binding and enforceable.
14.
Governing Law These Terms
and Conditions shall be governed by and construed in accordance with the law of United Kingdom
and you hereby submit to
the exclusive jurisdiction of the UK courts.