Home  
 

 
Back
   

STANDARD TERMS RELATING TO wIDEA SERVICES

Please read these terms carefully before accessing wIDEA services. We recommend that you print them for future reference.

1 PRELIMINARY

1.1 These terms apply between IDEAglobal Limited ("wIDEA") and the User defined below. wIDEA and the User are together called "the Parties" in these Terms.

1.2 These Terms apply to the delivery of Services (defined below) to the exclusion of all other terms, except those expressly agreed additionally in writing by the Parties. By completing and submitting the Subscription Form through any medium or by using the Services, a user of the Services will be deemed to have accepted these Terms in full and (without limitation) will be subject to all applicable charges for the use of the Services.

1.3 These terms do not apply in a jurisdiction to the extent not permitted by the laws of that jurisdiction.

2 DEFINITIONS

"Competitor" means any person, company or business entity engaging at any time in the creation or reselling or broadcasting, in any medium, of any financial analysis or forecasts.

"User" means the person named in the Subscription Form as the person who will be using the Services;

"Free Trial" means a free trial of Services, on such terms as wIDEA may specify at any time;

"wIDEA Site" or "the Site" means the Internet-based website www.wIDEA.com or any future designation or version of it, or any such other site as may from time to time carry the Services, and including all digital files or software and all related manuals and documentation in whatever medium, in connection therewith.

"Licence" means the licence granted to the User by wIDEA, in these Terms.

"Subscription Form" or "Registration Form" (collectively hereafter "Subscription Form") means that which the User completes and submits either in electronic form or by mail, fax or telephone to wIDEA. Any subscription so requested shall be authorised only once wIDEA has received and internally accepted the Subscription Form and notified the User accordingly.

"Service" or "Services" means the services provided by wIDEA to the User pursuant to the Subscription;

"Subscription" means the subscription by the User for Services. A request for a Subscription is defined as the User selecting and clicking electronically upon a particular option within the Site when presented with a choice, or alternatively by submitting a Subscription Form in electronic or written form to wIDEA.

"Subscription Fee" means any subscription fee due as a result of a Subscription.

"Terms" means these terms, as amended from time to time.

A User is deemed "Authorised" in respect of a Service when he has requested a Subscription by completing and submitting to IDEA in electronic or written form a Subscription Form completed to WIDEA's satisfaction.

The masculine gender shall include all genders and the singular includes the plural (and vice versa) where the context requires.

3 SUPPLY OF SERVICES

3.1 wIDEA reserves the right to decline to supply any Service. A contract for the supply of any Service is made only when the User is Authorised by wIDEA. wIDEA reserves the right to determine in its sole discretion the medium of delivery of the Services, as well as the right to change the medium of delivery. The User shall immediately take any action reasonably required by wIDEA to facilitate and implement any such variation.

3.2 wIDEA grants the User a non-exclusive and non-transferable licence to access and use the Services in accordance with these Terms and in no other way. The User will not:

3.1.1 sell, resell, relay, distribute, redistribute, copy, publish or otherwise deal with or present or disclose to third parties any part of the Services, whether in the form received or in any other form and not transfer any part of the Services to an information distribution network or publication system whether external or internal;

3.1.2 permit the Services or the Content to be accessed or used by any person other than the User;

3.1.3 make copies of the Services or the Content except by temporarily displaying them on a handheld or wireless display or screen or as otherwise permitted by wIDEA.com;

3.1.4 use, copy or transfer the Services or the Content except as permitted by these Terms;

3.1.5 allow any access to or use of the Services or the Content by any Competitor;

3.1.6 gain, cause or permit any unauthorised access to or use of the Services;

3.1.7 use the Services for any illegal purpose;

3.1.8 alter, tamper or interfere in any way with any aspect of the Services or the Content, including their content, appearance and format; or

3.1.9 permit others to do any of the above.

3.2 The User shall:

3.2.1 not disclose his I/D password to any person;

3.2.2 comply with any obligations and abide by any policies imposed by wIDEA.com via the wIDEA.com Site or otherwise, and provide full and accurate information to wIDEA.com when so required.

3.3 Access to and use of the Services may not be permitted in certain territories. The User is responsible for ensuring that access to and use of the Services is lawful in the place in which access or use takes place and for complying with all laws and regulations applicable to the Services laid down by any government or other authority.

3.4 The User agrees and acknowledges that, in providing the Services (and the information contained in them), wIDEA.com is not inviting the User or any other person to enter into (or offering to enter into) any agreement or arrangement relating to any security or other financial instrument or the exercise of any rights conferred by any security or other financial instrument.

3.5 The User agrees and acknowledges that by completing and submitting the Subscription Form to wIDEA.com, whether electronically or by mail, fax or telephone, the User shall be deemed to have accepted in full the Terms in respect of the Services and shall be bound by them.

3.6 The headline window that is located on the Site does not form part of the wIDEA.com Services and is supplied to users of the Site on a Free Trial basis only. Accordingly, the headline window shall not be included in any Subscription or as part of any Service and wIDEA.com shall be under no obligation to make this window available to the User of the wIDEA.com Site. The headline window may be varied in any way, replaced or discontinued by wIDEA.com at any time in its sole discretion.

4 PERIOD OF SUBSCRIPTION

4.1 Unless otherwise agreed, the period of each Subscription will begin on the date on which wIDEA.com authorises the User to receive a Service for which the Subscription has been requested, and will continue for one month or one year, depending on the subscription selected ("the Initial Period"). Thereafter, unless the terms of the Subscription specifically provide otherwise: (a) the monthly Subscription shall renew automatically for further periods of one month unless or until the User gives to wIDEA.com written or electronic notice of termination at least seven days before the last day of the Initial Period or of any subsequent period, termination taking effect only at the end of the relevant period; (b) the yearly subscription shall renew automatically for additional periods of one year unless or until the User gives to wIDEA.com written or electronic notice of termination at least ninety days before the last day of the Initial Period or of any subsequent period, termination taking effect only at the end of the relevant period.

4.2 Subscriptions are also subject to termination as stated elsewhere in these Terms.

5 PAYMENT & SUBSCRIPTION RATES

5.1 Unless otherwise agreed, the Subscription Fees (if any) for Services shall be as shown on the Subscription Form at the time the Subscription Fees are due. wIDEA.com reserves the right to differentiate its Subscription Fees to distinguish between new and existing users of the Services, and between individual and corporate users, and any determination by wIDEA.com in either respect shall be final and binding.

5.2 Subscription Fees and any other sums due to wIDEA.com are usually payable via an automatic debit to the User's credit card account pursuant to the information provided in the Subscription Form.. Payment shall generally be due within 15 days of invoice date. Invoicing and collection of Subscription Fees may be undertaken by a third party appointed by wIDEA.com

5.3 All sums due to wIDEA.com are exclusive of Value Added Tax, and any other relevant use or sales taxes, duties, or levies imposed by any authority or government agency from time to time and shall be paid by the User. If a User is required by any tax authority to account for withholding tax (or similar duties or taxes) in respect of any Subscription Fees due to wIDEA.com, the amount of the Subscription Fees shall be grossed up so that wIDEA.com actually receives the amount which would have been payable had such withholding tax not been so accounted for.

5.4 wIDEA.com reserves the right at any time and without notice to alter the Subscription Fees for any of the Services within its sole discretion. Any Subscription Fees so altered shall become effective when they appear on the wIDEA.com Site or in a Subscription Fee invoice.

5.5 Unless otherwise stated in these Terms, no refund of any Subscription Fees paid will be made to the User in any circumstances.

6 AVAILABILITY OF SERVICES

6.1 wIDEA.com will use reasonable endeavours to make the Services available at all times whilst Subscriptions are current.

6.2 wIDEA.com reserves the right to offer Free Trials of its services at anytime, with full and complete discretion as to the length of time and Services offered.

6.3 wIDEA.com reserves the right at its sole discretion at any time and without notice to replace, vary or modify in any manner the contents, functionalities or manner of presentation of any Service or sources used in their compilation or the wIDEA.com Site or to discontinue any of the Services.

6.4 Any User who subscribes during the Licence, or who has subscribed within the last 12 months, to any service provided by IDEAglobal.com Limited or any of its associated companies other than the Services, shall be permitted to swap or transfer to the Service only with the written authorisation and consent of wIDEA.com's Business Management Unit in Singapore.

7 THE USER

7.1 The User warrants that he has the expert skill and judgement necessary to use and interpret the Services.

7.2 The User confirms and acknowledges that wIDEA.com shall be entitled to contact, whether by email or in any other form, any persons named as contacts in the Registration Form by the User.

8 SECURITY

The User will be solely responsible for all internal and external security relating to access to the wIDEA.com Site or use or receipt of the Services, including the installation of such firewalls as it considers necessary. wIDEA.com will take no responsibility whatever for breaches of security caused by any person, whether through any connection to the wIDEA.com Site, to a third party or otherwise.

9 CONFIDENTIALITY

The User agrees to keep confidential and not disclose to any person any information supplied by wIDEA.com (whether oral or written), including confidential information relating to the wIDEA.com Site or the Services. This provision shall not apply to information that (i) is or comes into the public domain other than through the fault of the User, (ii) the User can show was lawfully in his possession before disclosure, (iii) the User can show becomes known to the User after disclosure from a third party without an obligation of confidentiality. This provision shall survive termination of the Licence.

10 OTHER SERVICES FROM IDEAGLOBAL. Nothing in these Terms shall affect other contracts with any person for other services provided by IDEAglobal.com Limited or any of its associated companies. Sums payable under these Terms are in addition to other sums already paid or payable by the User for any such services.

11 INTELLECTUAL PROPERTY RIGHTS

11.1 All present and future rights in and to trade secrets, patents, copyright, trade marks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services and the Site ("the Intellectual Property Rights") including but not limited to all text, content, photographs, video, audio and graphics remain the exclusive property of wIDEA.com or its suppliers. All individual articles, columns and other elements making up the Services are works protected by copyright, while the Services are also protected as a collective work or compilation. Except as specifically permitted by the Terms, the User may not copy or use the Content or the Services or any portion, variations or derivatives of them, for any purpose, without wIDEA.com's prior written approval.

11.2 The User acknowledges that the permission to use those copyright works is limited to the rights expressly conferred by these Terms and the Subscription Form. Accordingly the User shall obtain no copyright or other rights in the Services or Site, and agrees to abide by all applicable copyright and other laws, as well as any additional copyright

11.3 The User agrees to notify wIDEA.com in writing promptly upon becoming aware of any unauthorised access or use of the Services by any party or of any claim that the Services infringe any copyright, trade mark or other contractual, statutory or common law rights.

12 LIABILITY AND INDEMNITY

12.1 The Services are provided "as is" and "as available" on these Terms, without any express or implied warranties, particularly as to the merchantability or fitness for a particular purpose of the services. The services are accessed through the Site by the User entirely at his own risk and wIDEA.com accepts no liability of any nature.

12.2 wIDEA.com accepts no liability or responsibility for the content of any third party services or data suppliers, or for any third party software.

12.3 wIDEA.com does not undertake, warrant or represent that:

12.3.1 access to, possession of or use of the services is lawful in any particular territory or that the licensee or end user is entitled to access, possess or use any such information, or

12.3.2 the services are of any particular quality or of a quality adequate to the licensee or end user or suitable for any particular purpose (implied or express), or

12.3.3 it is under any obligation to provide any assistance or customer support to the user for use of the Services or any wIDEA.com website, including the Site.

12.4 wIDEA.com and all identified third party data suppliers ("data suppliers") obtain information for their analysis and forecasts from sources that they consider reliable, but neither wIDEA.com nor any data suppliers guarantee the sequence, accuracy, timeliness or completeness of their analyses and forecasts, or any information contained in them, or their suitability for the particular purpose intended by the User.

12.5 The use and interpretation of the information, analyses and forecasts contained in the Services require financial skill and judgment. The User warrants that he has such skill and judgment and shall be solely responsible for any opinions, recommendations, forecasts or other comments made or actions taken by him based on the information, analyses and forecasts.

12.6 Although wIDEA.com uses reasonable efforts to maintain the Site and Services, wIDEA.com will not be liable to the User (and nor will any refund of Subscriptions be due) for any inaccuracies, errors or omissions in the Services or for any delay or error in delivery or non-delivery of the Services or for loss or damage arising out of any interruption or faults beyond wIDEA.com's control in the supply or transmission of the Services, including in particular non-receipt of the Services because of failure on the part of any third party to deliver any part of the Services or failure of equipment used by the User to receive the Services.

12.7 All conditions warranties and representations expressed or implied by statute common law or otherwise in relation to any aspect or part of the Services are excluded. In no event shall wIDEA.com or any data supplier be liable for any loss or damage (whether direct, indirect, consequential (including without limitation loss of profit, revenue, business or other economic loss), foreseen or unforeseen, incidental, special or punitive, and regardless whether wIDEA.com has been specifically advised of the possibility of such loss or damage) arising out of any use of or inability to use the Service or any part of it. If any exclusion or disclaimer or other provision is invalid, the liability of wIDEA.com and any data supplier to the User in each year of a Subscription in respect of any claim arising out of or pertaining to the services or any matter relating to them whether or not under the licence or these terms shall be limited to the subscription paid to wIDEA.com by the licensee or end user for that service in respect of such year (and shall be nil if no Subscription is paid). No claim, regardless of form, arising out of or pertaining to the Services or any matter relating to them may be brought by the User unless he provides to wIDEA.com written notice of the claim within three months of the date on which the cause of action arose.

13 TERMINATION

13.1 wIDEA,com will have the right at any time in its sole discretion to terminate the Licence and all Subscriptions with immediate effect on giving written notice to the User if:

13.1.1 the User goes into liquidation (other than a solvent voluntary liquidation for the purposes of an amalgamation or reconstruction) or is declared bankrupt;

13.1.2 the User is unable to pay his debts as they fall due;

13.1.3 the User has a receiver, administrative receiver, liquidator or administrator appointed or convenes a meeting or suffers a petition to be presented with a view to any such eventuality;

13.1.4 the User enters into or proposes to enter into any voluntary arrangement with his creditors or a class of them;

13.1.5 the User is the subject of an equivalent event in any jurisdiction;

13.1.6 the User is or becomes a Competitor or if the User allows access to or use of the Services or the Content to any Competitor; or

13.1.7 the User breaches any of these Terms.

13.2 In addition to other rights in law, wIDEA.com reserves the right at any time and without notice or compensation to withdraw the User's I/D Password, or to

discontinue the User's access to or receipt of all or any of the Services, or both, if: 13.2.1 the User has given any untrue or inaccurate information upon which wIDEA.com relied in agreeing to supply a Service or if there is any subsequent change in the status of the User;

13.2.2 wIDEA.com is unable for any reason to obtain payment of any Subscription Fees when due; or

13.2.3 wIDEA.com terminates the User's right to use the Service or to receive any service through the Site.

13.3 wIDEA.com shall have the right to terminate any Subscription immediately and without notice for any reason in addition to those specified above, in which case wIDEA.com will reimburse any part of the current Subscription Fee that relates to the period after termination, calculated on a daily basis.

13.4 Upon the termination of the Licence, regardless of the reason for or manner of termination, the User shall:

13.4.1 cease using the Services forthwith: use after termination shall be unlawful;

13.4.2 delete and/or at wIDEA.com's option deliver up all copies and transcriptions of the Services in its possession, without keeping copies, and certify to wIDEA.com in writing that this has been done, and, without prejudice to the termination of the Licence, the User shall continue to pay sums equivalent to Subscriptions until the certification has been delivered to wIDEA.com;

13.4.3 permit wIDEA.com and its representatives to enter into any premises of the User for the purpose of deleting or removing all copies or transcriptions of the Services (for which purpose the User will identify to wIDEA.com all hardware which have or had access to the Services), or verifying that the User has complied with the provisions of this clause, or both; and/or

13.4.4 pay to wIDEA.com all sums due up to the date of termination and any sums due under Clause 13.4.2. 13.5 Termination of a Subscription shall not affect any obligations by either party to the other that are outstanding as at the effective date of termination nor any of the provisions of these Terms or the Registration Form which are expressed to survive termination.

14 INDEMNITY

14.1 The User shall indemnify and hold wIDEA.com, its subsidiaries, related and associated companies harmless from any suits, claims or demands by any person, arising directly or indirectly out of:

14.1.1 access to or downloading, use, reproduction, receipt or distribution of the Services by the User or any third party;

14.1.2 use by any third party of the User's Password;

14.1.3 any claim that any use of the Services infringes any Intellectual Property Right of any third party, is libellous or defamatory, or otherwise results in injury or damage to any third party;

14.1.4 any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by the User or any third party;

14.1.5 any misrepresentation or breach of representation or warranty by the User or breach of any covenant or agreement to be performed under these Terms.

14.2 The User will indemnify and hold wIDEA.com, its subsidiaries, related and associated companies harmless from all suits, claims, demands, causes of action, losses, damages, costs, expenses, or liabilities of any nature (including attorney's fees) incurred by any of them arising out of any breach of the Licence or of any of these Terms.

15 PASSWORD DISCLOSURE

15.1 In completing the registration process, the User may be given the opportunity to select a subscriber identification ID and a password. The User will:

15.1.1 provide wIDEA.com with accurate and updated registration information;

15.1.2 not select a subscriber ID already used by another person or in which another person has rights without that person's authorisation, or use a subscriber ID or password that wIDEA.com, in its sole discretion, deems offensive or inappropriate.

15.2 If, at any time, the User loses or forgets his password or discovers or suspects that his password has been disclosed or is otherwise known to any other person, the User shall immediately notify wIDEA.com using the contact details on the Site (or at any such address as wIDEA may notify to the User) and shall confirm the notice in writing to wIDEA.com within seventy-two hours. wIDEA.com will assign a new password within a reasonable period of time. Reissue and reactivation of passwords may be subject to wIDEA.com's standard charges. The User shall continue to be liable for: 15.2.1 current Subscriptions, even though the User is unable to use the Services because his password is lost or forgotten; or

15.2.2 new Subscriptions to Services taken out as a result of the User's password being disclosed or otherwise known to any other person, whether or not the fault of the User.

15.3 If the User discloses (whether knowingly or not) a password to another person who uses that password to access a Service which the User is already authorised to receive, wIDEA.com shall be entitled to charge to the User a Subscription Fee for the Service in respect of that other person.

16 MONITORING AND PRIVACY

16.1 wIDEA.com collects personal information in order to provide users of the Service with the customised services and content for which they subscribe, and advertisements for associated services provided by wIDEA.com and its associated companies. wIDEA.com may also ask users for personal information at other times, for example when they enter a sweepstake, contest, or other promotion. Instances where wIDEA.com does disclose personal information will be clearly posted and subject to confidentiality agreements with the third parties in question. wIDEA.com may share the data collected with sponsors or other third parties. The User may however instruct wIDEA.com at any time not to share his personal information with third parties, by contacting wIDEA at www.widea.com.

16.2 wIDEA.com may in any event disclose aggregated user statistics (which will not include any information that identifies the User) to prospective partners, advertisers, or other third parties.

16.3 wIDEA.com will also use the User's personal information for the purposes of providing the User with any services to which he subscribes, and any service-related activities such as collecting subscription fees from him for those services, and notifying him or contacting him regarding any problem with, or the expiration of, any such services. In this regard, it may be necessary for wIDEA.com to disclose the User's personal information to one or more agents and contractors of wIDEA.com and their subcontractors, but such agents, contractors, and subcontractors will be required to agree to use the information obtained from wIDEA.com only for these purposes.

16.4 It may also be necessary for wIDEA.com to transfer this personal information to other countries, nations, states, or territories for the purpose of or in the course of providing the Services. The User confirms that he consents, in accordance with applicable data protection law or legislation in any relevant country, nation, state or territory, to the collection, processing and use of this personal information by wIDEA.com, its affiliated companies and our authorised agents, contractors and third parties.

16.5 Subject as provided in this Clause, the User acknowledges and agrees that wIDEA.com has the right to monitor, store on computer, process and use in any way all information provided during registration and any and all information transmitted or received through the Site. wIDEA.com may in its sole discretion and without further notice review, censor or prohibit the transmission or receipt of information which wIDEA.com deems inappropriate or that violates any law or any term or condition of these Terms or the Registration Form.

16.6 Subject as provided in this Clause, the User specifically acknowledge that wIDEA.com has the right to monitor, store, process and use in any way all information relating to the User's usage of the Service and all information relating to billing of Subscription Fees for the Service for the duration of the Licence.

17 THIRD PARTY SOFTWARE AND WEBSITES

17.1 Links provided as part of the Service to any third party website outside the control of wIDEA.com are accessed at the User's own risk and wIDEA.com makes no representations and bears no liability or responsibility for use of these websites or their contents.

17.2 Ownership of any third party trade marks or logos used in the Services in relation to third party software or third party websites shall remain vested in the third party and subject to licence agreements, and does not imply endorsement by the third party of the Services or by wIDEA.com of the third party.

18 ENFORCEABILITY

18.1 Upon completion and submission of the Registration Form or Subscription Form, these Standard Terms become immediately effective and binding on the User.

18.2 If any part of these Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms will not be affected.

19 ASSIGNMENT

19.1 The Licence and the I/D Password(s) issued to the User may not be assigned or disclosed to any other party without wIDEA.com's prior written consent.

19.2 wIDEA.com shall be entitled to assign any Subscription to any associated company and upon being notified of such an assignment the User agrees to treat the Subscription with effect from the date of assignment as being entered into for all purposes between the User and the associated company.

20 FORCE MAJEURE

wIDEA.com shall not be liable for failure to perform or delay in performing any obligation if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to any strikes, acts of God, war, riot, civil commotion, compliance with any law or government order, rule, regulation or directions that come into force after the date of the Licence.

21 WAIVER

No failure to exercise or delay in exercising any right by wIDEA.com shall operate as a waiver of the right and no exercise of any right shall preclude a further exercise of such right.

22 LEGAL FEES

Without prejudice to any other relief or rights to which it is entitled, wIDEA.com may claim from the User all sums incurred, including those incurred as a result of appointing lawyers, in enforcing any provisions of these Terms, including the non-payment of Subscription Fees.

23 AMENDMENTS

The User hereby agrees to be bound by such amendments as wIDEA.com in its sole discretion may make to these Terms from time to time. In such an event, wIDEA.com shall use reasonable endeavours to notify the User of the amendments. Notice of these amendments made available by posting on the IDEAfax Site or by email shall (without prejudice to other methods of notification) be deemed duly given with immediate effect.

24 NOTICES

Notices will be deemed to be duly given if delivered personally or sent by first class airmail post or sent by fax, except that notices of cancellation of Subscriptions by the User shall be in hard copy and shall be sent by any of such means except email. Notices sent by email by wIDEA.com shall be deemed duly given. Notices shall be deemed to have been duly given at the time of delivery in the case of notices delivered personally, within 5 days of posting in the cases of notices sent by first class air mail and at the time of sending in the case of emails and faxes. Notices sent by email shall not be deemed delivered unless the sender can demonstrate that the email has been delivered by an Internet service provider. The address for delivery of notices on IDEAglobal.com Limited is 9 Temasek Boulevard, #42-01, Suntec City Tower Two, Singapore 038989.

25 PROPER LAW AND JURISDICTION

The place where Subscriptions and these Terms are made and come into effect is England. They shall be governed by the laws of England and the User agrees to submit to the non-exclusive jurisdiction of the English Courts. The language applicable to Subscriptions, these Terms and any proceedings will be English.