Terms of Use
Terms & Conditions of Use
1. Introduction
1.1 These terms and conditions (“Ts and Cs”), in addition to the following policies, govern your use of our website: Our Acceptable Use Policy (set out below) and Our Privacy Policy and Our Cookie Policy.
1.2 By using the website, you accept these Ts and Cs in full and without amendment. Conversely, if you disagree with these Ts and Cs (or any part of them), you must not use our website.
1.3 The services available on our website include:
(a) Market News;
(b) Bulletin Board Heroes;
(c) CEO Interviews;
(d) Podcasts;
(e) Webinars.
We may change the services available on our website, whether to registered and/or unregistered users, at any time in our sole discretion, with or without notice.
1.4 We do not warrant, guarantee or represent that our website (or any part of it) complies with any applicable laws or regulations of any jurisdiction outside the UK.
1.5 We will not be liable to you if, for any reason, our website is unavailable at any time or for any period. You shall make the necessary arrangements to have access to our website.
1.6 You:
– must be at least 16 years old to use our website; and by using our website and/or agreeing to these Ts and Cs, you warrant and represent to us that you are at least 16 years old; and
– will be fully responsible for ensuring that anyone who accesses our website through your browser or internet connection are aware of these terms of use and other applicable Ts and Cs, and that they comply with them.
1.7 In our discretion, we reserve the right to restrict access to areas of our website, or indeed our whole website; and you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures put into place. If you are in breach of these terms of use, your right to use our website will cease immediately and you must return or destroy any copies of the materials you have made, downloaded or copied.
2. Outside the UK
2.1 Our website is directed only at persons resident and situated in the UK and not anyone else.
2.2 If you are resident or situated outside the UK, you must not access or use our website unless you are lawfully able to do so.
2.3 Subject to Section 12.1, we do not accept any liability for any loss or damage (regardless of quantum or nature) resulting from, or directly or indirectly related to, the availability of our website or any of our website content to persons resident or situated outside the UK.
3. Licence to use website
3.1 You may:
(a) view pages from our website;
(b) download extracts of any pages from our website for caching in a web browser for your own personal use;
(c) print off one copy of any pages from our website for your own personal use and you may draw the attention of others within your organisation or network to content posted on our website;
(d) stream audio and video files from our website and from streaming services made accessible through our website; and
(e) use our website services by means of a web browser or any dedicated software application that we may publish from time to time, subject to the other provisions of these Ts and Cs.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Ts and Cs, you must not download or distribute any material from our website or save any such material.
3.3 Except as expressly permitted by these Ts and Cs, you must not edit or otherwise modify any material on our website and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any contributors) as the authors of content on our site or in our apps must always be acknowledged.
You must not use any part of the content on our site or in our apps (including our twitter account) for commercial purposes without obtaining a licence to do so from us or our licensors.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 Notwithstanding Section 3.4, you may redistribute any of our email newsletters or bulletins in unmodified print or electronic form to any person within your business or organisation.
3.6 You may access any RSS feed we may publish from time to time using an RSS reader or aggregator. By accessing our RSS feed, you accept these Ts and Cs. Unless we agree otherwise, you must not republish our RSS feed or any information from our RSS feed. We may revoke any licence set out in this Section 3.6 at any time, with or without notice or explanation.
4. Acceptable use
4.1 You must not at any time:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity and this includes your not gaining unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. Nor must you attack our website 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 our website will cease immediately;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) violate the directives set out in the robots.txt file for our website; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.3 You must not publish professional advice on our website, including financial advice, advice concerning particular investments or investment decisions, accountancy advice, tax advice or legal advice.
4.4 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not however establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our website in any website that is not owned by you.
4.5 Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these terms and our Acceptable Use policy.
5. Investments
5.1 Nothing on this website constitutes or is intended to constitute:
(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;
(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment; or
(d) any financial service or activity regulated or controlled by or pursuant to UK financial services law or any other applicable law.
The above applies to the United States of America. We make no representation about securities registrable under the United States Securities Act 1933 and are not involved in any way with registering securities with the Securities Exchange Commission.
5.2 You should take professional financial advice in connection with, or independently research and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an investment decision or otherwise.
5.3 We are not regulated under UK financial services law or any other applicable law.
6. Investment warnings
6.1 We would like to draw your attention to the following investment warnings:
(a) the value of shares and investments and the income derived from them can go down as well as up;
(b) investors may not get back the amount they invested; and
(c) past performance is not necessarily a guide to future performance.
7. Third party information and relationships
7.1 In respect of information provided by others that is published on or made available through our website, we act as a mere conduit for that information and we do not select, monitor, edit, modify, review, evaluate or otherwise oversee that information or the publication of that information on our website.
7.2 We will not be liable to you in respect of any damage, expense or other loss (direct or indirect) you may suffer or incur arising out of any information provided by others or any reliance you may place upon such information.
7.3 Any arrangements between you and any third party encountered through our website are at your sole risk.
8. Your content: licence
Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with these terms and our Acceptable Use Policy and community standards set out on our website.
8.1 In these Ts and Cs, “your content” means:
(a) your profile information;
(b) your posts on our website;
(c) any information you supply for publication on a company page; and
(d) all other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our website a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, including via third party social media channels. However, we will not publish your private messages. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
8.7 Without prejudice to our other rights under these Ts and Cs, if you breach any provision of these Ts and Cs in any way, or if we reasonably suspect that you have breached these Ts and Cs in any way, we may delete, unpublish or edit any or all of your content.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. The views expressed by other users on our website do not represent our views or values
9. Your content: rules
9.1 You warrant and represent that your content will comply with these Ts and Cs and with our community standards policy available on our website.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these Ts and Cs, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
9.4 Your content must be appropriate and accord with generally accepted standards of etiquette and behaviour on the internet.
9.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Ts and Cs.
9.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
9.7 You must ensure that your content published on the website does not constitute:
(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation or inducement to engage in investment activity;
(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;
(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment;
(d) any financial service or activity regulated or controlled by or pursuant to UK financial services law or any other applicable law; or
(e) any unsupported statement intended or liable to boost the price of any investment.
9.8 You must disclose any material interest you or your associates may have relating to your content when submitting your content.
10. Report abuse
10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Ts and Cs, kindly let us know by emailing: info@zaktraderscafe.com.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of any information published on our website;
(b) that any material on our website is up to date; or
(c) that our website or any service on, or referred to on, our website will remain available;
(d) that our website will be secure or free from bugs or viruses – you should implement your own virus protection software.
11.2 You acknowledge and understand that the financial and investment information published on our website is provided by third parties and, without limiting the scope of Section 11.1, we do not warrant or represent the completeness or accuracy of that information. Further, the market information is provided on a delayed basis, and will not represent the current state of the market.
11.3 We reserve the right to discontinue or alter any or all of our website services, and/or to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these Ts and Cs expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.4 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these Ts and Cs, our website and the use of our website.
12. Limitations and exclusions of liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
12.1 Nothing in these Ts and Cs will:
(a) limit or exclude any liability for death or personal injury resulting from our negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Ts and Cs:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these Ts and Cs or relating to the subject matter of these Ts and Cs, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for: any loss or damage of any nature, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, and including that arising under or in connection with: use of, or inability to use, our website; or use of or reliance on any content displayed on our website.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, sales, business interruption, loss of anticipated savings, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, reputation or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, consultants, contractors or employees in respect of any losses you suffer in connection with the website or these Ts and Cs (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.9 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on them, or on any website linked to them.
12.10 We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13. Indemnity
13.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these Ts and Cs; or
(b) your use of our website.
14. Breaches of these Ts and Cs
We will determine, in our discretion, whether there has been a breach of these terms through your use of our website. When a breach has occurred, we may take such action as we deem appropriate.
14.1 Without prejudice to our other rights under these Ts and Cs, if you breach these Ts and Cs in any way, or if we reasonably suspect that you have breached these Ts and Cs in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise and we will seek reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs); and/or
(g) suspend or delete your account on our website;
(h) disclosure of information to law enforcement authorities as we reasonably feel is necessary.
14.2 We exclude liability for actions taken in response to breaches of these terms and our Acceptable Use Policy. The responses described here are not limited, and we may take any other action we reasonably deem appropriate.
15. Third party websites
15.1 Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Trade marks
16.1 “Miriad” “Zaks Traders Cafe” “Bulletin Board Heroes” and our logos are trademarks belonging to us; we do not give any permission for the use of these trademarks, and such use may constitute an infringement of our rights.
16.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these Ts and Cs, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
17. Variation
17.1 We may revise these Ts and Cs from time to time.
17.2 The revised Ts and Cs will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Ts and Cs.
17.3 If you have given your express agreement to these Ts and Cs, we will ask for your express agreement to any revision of these Ts and Cs; and if you do not give your express agreement to the revised Ts and Cs within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
18. Assignment
18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Ts and Cs.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Ts and Cs.
19. Severability
19.1 If a provision of these Ts and Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these Ts and Cs would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Third party rights
20.1 These Ts and Cs are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties’ rights under these Ts and Cs is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these Ts and Cs, together with our privacy and cookies policy and any other document that we may expressly agree with you, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
22. Law and jurisdiction
22.1 These Ts and Cs shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these Ts and Cs shall be subject to the exclusive jurisdiction of the courts of England.
23. Our details
23.1 This website is owned and operated by Miriad Limited.
23.2 We are registered in England and Wales under registration number 04009984, and our registered office is at Suite 1, 15 Ingestre Place, London, England, W1F 0DU.
23.3 You can contact us by writing to the business address given above, by email or by telephone using the contact details published on the website.
