Terms & Conditions

These terms and conditions are published by The Library House Limited of 4th floor Kett House, Station Road, Cambridge, CB12JX, a company registered in the UK with the following details: Co Reg No: 04364079 VAT Reg No: 797 4327 78 (henceforth 'Library House'). Please read the following terms and conditions carefully as they form the basis of how you use the Library House Website (henceforth collectively, including all content available through the www.libraryhouse.net domain and sub-domains, "the Site").

By accessing this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use or access this Site and Library House has the right to restrict or prevent your access to the Site at any time.

These terms and conditions were last updated on 6 Feb 2006 and replace all previous terms and conditions for the Site.

Library House may change, alter or withdraw any part of the Site at any time (with or without notice to you) and may also change these terms and conditions. You should regularly check these terms and conditions to see if any changes have been made. By using the Site after any changes to the terms and conditions, you are agreeing to be bound by the new version of these. If you do not agree to the changes to the terms and conditions, you should cease using the Site and contact Library House via . In such circumstances, the provisions of these terms and conditions under "Payment and Charges" will apply.

Unless stated otherwise, all text, graphics, illustrations, data and any other material published on the Site (henceforth "the Content" or "Content") is copyright Library House 2006. All Site Content belongs to Library House or its licensors. Library House or its licensors own all intellectual property rights (including copyright and database rights) in the Site and any selection or arrangement of the Content.

The Site is split into two sections: areas that are accessible to all and areas accessible only to paying subscribers who have purchased a user licence for the Site [i.e. subscribed] and current triallists of the Site. Library House reserves the right to vary the Content in either area and does not guarantee that Content accessible only to paying subscribers and current triallists of the Site will remain paid for or that Content accessible to all will remain free-of-charge.

Library House reserves the right to decline any application from you to register as a trial user of the Site or to become a subscriber to the Site at our sole discretion. Any one individual is only allowed one trial period for the site and Library House reserves the right to decline all subsequent requests from that individual for further free trails of the Site.

Liability, Warranty and Indemnity

By using the Site, you agree that the Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation, inducement, invitation, representation, endorsement or arrangement by Library House or any of its employees and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Site are at your sole discretion and responsibility. Any information that you receive via the Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. Library House is not responsible for any use of the Content by you outside its scope as stated in these terms and conditions.

Library House does not give any warranties in respect of the Site. To the extent allowed by applicable law, Library House hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence or of workmanlike effort. Neither does Library House provide any warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

To the full extent allowed by applicable law, you agree that Library House will not be liable to you for any losses which relate to your business or investment choices or which are not a direct consequence of your use of the Site (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of you using the Site outside the scope of these terms and conditions.

In addition to, but separate from, the above specific exclusion and to the full extent allowed by applicable law, you also agree that Library House will not be liable to you for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of the Site.

Library House is not liable for matters beyond its reasonable control. Library House does not control telephones, third party communications networks (including your Internet Service Provider) or the internet or the acts of third parties and you agree that Library House can therefore not be liable for any problem experienced by you on account of faults and failures in such systems.

You agree to indemnify Library House, or any subsidiary or holding company as defined in section 736 and 736A of the Companies Act 1985 and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you.

Third Party Sites Accessed Via The Site

The Site contains links to other internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with the Site and so may include one or several logos owned by Library House. Library House is not responsible for the availability or Content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with Library House. Our Privacy Policy does not apply to Third Party Sites.

The Site contains advertising and sponsorship and information from other companies. Advertisers and sponsors and companies are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Library House will not be responsible for any error or inaccuracy in advertising or sponsorship or company entered material.

Payment And Charges

You agree to pay any subscription fees at the rates in effect when these charges are incurred. You must provide us with complete and accurate payment information. Annual subscription to our online service is payable by invoice/PO.

By submitting credit card payment details to Library House you warrant that you are entitled to purchase the licence to subscribe to the Site using those payment details. In the case of unauthorised payments, Library House reserves the right to suspend or terminate your access to the Site. If Library House does not receive payment authorisation or any authorisation is subsequently cancelled, Library House may immediately terminate or suspend your access to the Site.

All payments made by you in relation to subscribing to the Site must be made inclusive of VAT or other relevant purchase tax, if any, or similar tax, and shall be made in full at one time.

Library House will try to process your subscription promptly but does not guarantee that all the benefits of a subscription to the Site will be available to you by any specified time. A contract with you for receipt of the subscription to the Site will come into effect when Library House sends you an email confirming your subscription. Library House will charge you in British Pounds Sterling.

Library House will notify you of any price increases prior to you renewing your subscription to the Site. If Library House gives you a free trial, you will only be charged for your subscription with effect from the expiry of that free trial period. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls.

When you subscribe Library House may grant you the the option of a free trial (typically one week). Following the expiry of the trial period, your subscription period will start. If you want to transfer your subscription to the Site to another party after the expiration of the trial period please contact the Library House Customer Service team but please note that no refunds are available.

Library House will alert you in advance by email, telephone or post that your subscription to the Site is due to expire.

Permitted Use

You may for your personal, non-commercial use retrieve and display Content on any compatible device, print a single copy of individual articles on paper (but not photocopy them) and store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).

Non-Permitted Use

You may not use any Content for any unlawful purpose. Except as expressly set out in these terms and conditions, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Content. Without limitation, you may not do any of the following without prior written permission from Library House (and neither may you allow a third party to do any of the same). You may not:

Redistribute any of the Content, including headlines (using them as part of any syndication, Content aggregation, news aggregation, library, archive or similar service); or
Remove the copyright or trademark notice from any copies of Content; or
Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Content; or
Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Site for similar purposes; or
Use any machine, electronic, web-based or similar device to read or extract the Content by automated or machine-based means.

Linking

If you would like to link to the Site, you must read and comply with the following guidelines and all applicable laws. A Site or service that links to the Site:

Can display the Site logo as supplied by Library House but no other brand and/or logo owned by Library House;
Cannot remove, distort or otherwise alter the size or appearance of the logo;
Can link only to the homepage of the Site unless Library House has otherwise given prior written permission;
Can not in any way imply that Library House is endorsing the Site or any of the products or services on that Site;
Must not misrepresent its relationship with Library House or present false information about Library House;
Must not be a Site or service that infringes any intellectual property or other right of any person or that does not comply with all relevant laws and regulations;
Must not be a Site or service that contains content or material that could be construed as libelous, distasteful or offensive.

Library House expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate to ensure this happens.

Privacy Policy and Registration

All information received by Library House resulting from your use of the Site will be used by Library House in accordance with our Privacy Policy.

On registration, you must provide Library House with accurate, complete registration information and it is your responsibility to update and maintain changes to that information our Site.

Unless you purchase a licence for more than one individual to use the Site, each registration is for a single user only. On registration, you will provide your email address and password ("Login details"). Library House does not permit any other person sharing your Login details or access through a single set of login details being made available to multiple users on a network. If Library House in its reasonable opinion considers the user licence is being abused in any way then Library House may cancel or suspend at its sole discretion your access to the Site without further obligation to you.

You are responsible for all use of the Site made by you or anyone else using your Login details and for preventing unauthorised use of your Login details. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details or any payment information, you must notify Library House immediately by e-mailing .

When you subscribe to the Site a cookie is set on your computer that enables you to be logged in automatically to the Site whenever you revisit, without having to manually log in each time. However, Library House has no responsibility for others' use of your computer and is unable to prevent unauthorized access by third parties of both your subscription details and features of the Site personal to you (e.g. your homepage preferences).

If you provide the Site with an email address that will result in any messages Library House may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer) then you warrant that you are entitled to receive those messages. You also agree that Library House may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if Library House receives a request from a third party to stop sending messages to you.

Library House reserves the right, but not the obligation, to monitor any activity and Content associated with the Site. Library House may investigate any complaints or reported violation of the Site and these terms and conditions and take any action that Library House deem reasonable and appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Site access and/or removing any materials on the Site.

Technical Requirements And Site Security

The Site is best viewed using the Internet browsers IE6, Firefox1, Netscape 6 (or above). Any older browser versions may work but users could have limited browsing experience. Any electronic payment information you send to us over the Internet is encrypted using 128-bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.

General Points And Governing Law

Library House is not an authorised person for the purposes of the Financial Services and Markets Act 2000 ("FSMA") and, consequently, does not give investment advice, arrange transactions in investments or engage in any other kind of regulated activity (as defined in section 22 of FSMA).

These terms and conditions shall be governed by, and construed in accordance with, English law.

To the extent possible in the applicable jurisdiction, you and Library House irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

These terms and conditions (as amended by Library House from time to time) contain the entire agreement between you and Library House relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Library House in relation to these matters. No oral explanation or oral information given by either party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions that you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions.

END USER TERMS OF USE - CURRENCY DATA SUPPLIED BY xe.com

Use of this data is offered to you on your acceptance of these Terms of Use. Your use of this data indicates your acknowledgment and agreement to these Terms of Use. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our currency information, services, or website. We suggest you print a copy of each of these documents for your records.

XE.COM shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on the XE.COM website. The most recent version of these End-User Terms of Use may be found at: http://www.xe.com/legal/dfs.htm

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Disclaimer
XE.COM has used its best commercial efforts to obtain the most accurate and timely information available, including information pertaining to currency rates, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this service.

The performance of all information provided by XE.COM is on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. XE.COM shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

XE.COM reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you. You acknowledge and agree that any reliance on or use by you of any information available by XE.COM shall be entirely at your own risk. In no event shall XE.COM nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this information, even if XE.COM or data providers has been advised of the possibility of such damages.

Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this information or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Proprietary Rights
XE, XE.COM, UNIVERSAL CURRENCY CONVERTER, the spinning 'X' and currency logos, and other identifying marks of XE Corporation are and shall remain the trade-marks and trade names and exclusive property of XE Corporation, and any unauthorized use of these marks is unlawful. Any rights not expressly granted to you are reserved by us.

General
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario, Canada.

Contact

If you require more information on any of the above please contact us at: or by mail at:

Library House
4th Floor Kett House, Station Road, Cambridge CB1 2JX
Registered in the UK: Co No: 04364079 VAT Reg No: 797 4327 78