Terms and conditions for Thoresen Limited websites

These terms and conditions are valid for all Thoresen Limited online business activities ("Thoresen Websites") including on and derived from:

Please read this carefully. These are the terms and conditions on which you may use the Thoresen Websites and use/download/buy the content/products available/offered on them (”Thoresen Content”). These terms apply to your use of the Thoresen Websites and all Thoresen Content both irrespective of the delivery platform you use - e.g. desktop PC, laptop, mobile device or otherwise - and irrespective of how the Thoresen Content is delivered to you - e.g. via web browser, Mobile Internet browser, email, SMS or otherwise. By accessing the Thoresen Websites you are agreeing to the terms and conditions below. If you use the Thoresen Websites in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read the paragraph in Section a) regarding "At Work Use".

If you do not agree with the terms and conditions (or are not authorised to do so) you should not use the Thoresen Websites. If you have any questions please contact enquiries@thoresen.co.uk. We recommend that you print, store or save a copy of these terms and conditions for your records.

These terms and conditions were last updated on 27 October 2008 and replace all our previous terms and conditions. We may change, alter, suspend or withdraw any part of the Thoresen Websites or the products available on them at any time (with or without notice to you) and may also change the terms and conditions. We will publish details of any changes to the terms and conditions in the Section k) in this document. You should regularly check Section k) of these terms and conditions to see if any changes have been made - by using the Thoresen Websites after we have posted the changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Thoresen Websites and you may cancel your orders to any "Paid For Product" in accordance with your rights set out in Section i). References in these terms and conditions to ”Thoresen” (or ”we”, ”us” or ”our”) refer to Thoresen Limited and all its online business activities, for more information visit www.thoresen.co.uk.

 

a) Access and Use

Permitted Use: All Thoresen Content belongs to Thoresen or its licensors. Thoresen or its licensors own all intellectual property rights (including copyright and database rights) in the Thoresen Content and any selection or arrangement of the Thoresen Content. You may for your personal, non-commercial use: retrieve and display Thoresen Content on any compatible device; print a single copy on paper (but not photocopy them); 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); and Use spidering technology to search and link to Thoresen Websites, provided that you do not infringe the "Restrictions on Use" below.

"Restrictions on Use": You may not use Thoresen Websites for any unlawful purpose. Except as expressly set out above, 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 Thoresen Content. Without limitation, you may not do any of the following without prior written permission from Thoresen Limited (and neither may you allow a third party to do any of the same):

  • redistribute any of the Thoresen Content; or
  • remove the copyright or trade mark notice from any copies of Thoresen Content made under these terms and conditions; or
  • create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Thoresen Content (by spidering or otherwise); or
  • frame, harvest or scrape the Thoresen Content or otherwise access the Thoresen Websites for similar purposes.

You acknowledge that Thoresen Limited reserve all rights to the trade marks "Thoresen", "Thoresen Ltd", "Thoresen Limited", "thoresen.co.uk", "Fantazillions.co.uk", "Fantazillions.com", "consigo.co.uk", "Investment-Style.com", "BiznizPlans.co.uk", "BiznizPlans.com", "BiznizBooks.co.uk", "BiznizBooks.com", "BiznizWords.co.uk", "BiznizWords.com", "BiznizReports.com", "BiznizValuations.co.uk", "BiznizValuations.com", "BiznizInformation.co.uk", "BiznizInformation.com", "BiznizIntelligence.co.uk", "BiznizIntelligence.com", "BiznizAds.com", "BiznizLinks.com", "BiznizWoman.com", "BiznizMan.com", "BiznizNetworking.com", "BiznizPremises.com", "BiznizPlans", "BiznizBooks", "BiznizWords", "BiznizReports", "BiznizValuations", "BiznizInformation", "BiznizIntelligence", "BiznizAds", "BiznizLinks", "BiznizWoman", "BiznizMan", "BiznizNetworking", and "BiznizPremises" or any variations of these trade markes and that you may not use them without written permission from Thoresen.

Linking: If you would like to link to Thoresen Websites, please read and comply with the following guidelines and all applicable laws. A site or service that links to Thoresen Websites:

  • may display and resize the Thoresen Website logos (read our display guidelines here) but must not otherwise use any Thoresen trademarks without permission from Thoresen;
  • may not remove, distort or otherwise alter the appearance of the logos;
  • may link to the homepage of Thoresen Websites and any other pages in the sites;
  • must not in any way imply that we are endorsing it or its products or services; must not misrepresent its relationship with us or present false information about Thoresen;
  • must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
  • must not be a site or service that contains content that could be construed as distasteful or offensive.

We expressly reserve 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.

PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THORESEN WEBSITES.

"At Work Use": If you are using Thoresen Websites in an ”at work” capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact Thoresen at enquiries@thoresen.co.uk to discuss your business requirements, since it is possible that your use of Thoresen Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate Thoresen Content, whether headings, full page material (or parts thereof) or the right to use Thoresen Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions. Your attention is also drawn to Section 9 below regarding any unauthorised use of our "Paid For Products".

 

b) Privacy Policy and Registration

All information received by you from your use of Thoresen Websites will be used by us in accordance with our Privacy Policy. On registration, you must provide Thoresen with accurate, complete registration information. This is particularly important if you receive any "Paid For Products". We are entitled to rely on any information you provide to us. Each registration is for a single user only. On registration, you will choose an email and password ("ID"). Thoresen does not permit any other person sharing your ID or access through a single ID being made available to multiple users on a network. We may cancel or suspend your access to Thoresen Websites if you do this, without further obligation to you. You are responsible for all use of Thoresen Websites made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately by e-mailing us at enquiries@thoresen.co.uk. We recommend that you do not select an obvious user password (such as your name) and keep it secret at all time. When you provide Thoresen with an email address, that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that Thoresen may refrain from sending messages to you without notifying you.

 

c) Technical Requirements and Site Security

Thoresen Websites are best viewed with Internet Explorer. All payment information you send will go directly to PayPal and not to or via Thoresen. We do not assume any responsibility or risks connected to payment for services or products from Thoresen Websites. If you experience any payment problems, this is an issue between you and PayPal. Before using PayPal we recommend you to read PayPal's Privacy Policy and User Agreement and Service Description. By using Thoresen Websites you agree to fully indemnify us regarding payments or other security issues. You also accept that we will not give any assistance in matters of payment security.

 

e) Warranties and limitation of liability

The Thoresen Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Thoresen Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Thoresen 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) Thoresen Websites are at your sole risk and responsibility. Any information that you receive via Thoresen Websites 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. We are not responsible for any use of the Thoresen Content by you outside its scope as stated in these terms and conditions.

Thoresen Limited and any person related to Thoresen Limited or any of Thoresen Limited's business activities may have vested interest in companies or organisations that are referred to in any Thoresen Content. We do not provide information on such vested or potentially vested interests. Thoresen does not guarantee that comments about such companies or organisations are neutral at all time. Thoresen or our products may be sponsored by private individuals, companies or other organisations referred to in Thoresen Content or our products. Sponsors and their products may be entitled to a positive description in Thoresen Websites and Content. Sponsorship of products will not necessarily be explicitly announced in Thoresen products/Websites/Content. If you do not approve of Thoresen portraying its sponsors/clients/partners/vested interests in a positive light, you should infringe from using the Thoresen Websites.

THORESEN INTENDS TO PROVIDE A QUALITY SERVICE, BUT THORESEN DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THORESEN WEBSITES OR THE THORESEN PRODUCTS AND FUNCTIONS AVAILABLE THROUGH THE THORESEN WEBSITES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THORESEN HEREBY DISCLAIMS ALL OTHER 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 DO WE PROVIDE ANY WARRANTY THAT THORESEN WEBSITES ARE 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 THORESEN WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) WHICH ARISE AS A RESULT OF YOU USING THORESEN WEBSITES. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT THORESEN 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 THORESEN WEBSITES.

YOUR REMEDIES

FOR "PAID FOR PRODUCTS" THORESEN SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN THE PRODUCTS OF WHICH IT IS AWARE. YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF THORESEN IS A REFUND OF YOUR PAYMENT IF THE FAULT IN THE PRODUCT OR THE DELIVERY OF THE PRODUCT CANNOT BE RESOLVED WITHIN REASONABLE TIME. THE REFUND WILL BE LIMITED TO THE PAYMENT FOR THE FAULTY OR UNDELIVERED PRODUCT ONLY AND NOT REFUND OF PREVIOUSLY PROVIDED PRODUCTS. YOU MAY AT YOUR OPTION RECEIVE "PAID FOR PRODUCTS" TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES. IF YOU HAVE NOT PAID TO RECEIVE ANY "PAID FOR PRODUCTS", YOU MAY NOT RECEIVE MONETARY OR NON-MONETARY DAMAGES.

The above disclaimers and restrictions on liability apply equally to your use of the Thoresen Websites and all Thoresen Content.

OTHER INFORMATION

Without limiting the above, we are not liable for matters beyond our reasonable control. Thoresen does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, acts of God or the acts of third parties. Notwithstanding anything else contained in the provisions of this Section e), our liability will not be limited in the case of death or personal injury directly caused by Thoresen's negligence.

 

f) Third Party Sites and Services

Thoresen Websites contain links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"). "Third Party Sites" may be co-branded with Thoresen and so include Thoresen's trademarks. We are 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 Thoresen. Our Privacy Policy does not apply to "Third Party Sites". Copyright in any software that is made available for download from Thoresen Websites belongs to Thoresen or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. We are not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.

Thoresen Websites contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Thoresen complies with international and national law. Thoresen will not be responsible for any error or inaccuracy in advertising or sponsorship material.

 

g) Choice of Law and Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, the parties irrevocably agree that the courts of England shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions. For the exclusive benefit of Thoresen and to the extent possible in the applicable jurisdiction, Thoresen shall retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

 

h) General

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.

 

i) "Paid For Products"

Thoresen Websites offer a variety of ”Paid For Products". ”Paid For Products" are any products or services, including advertisement or sponsorship in Thoresen Websites, that requires payment before gaining access or receiving such products or services. By accepting to gain access to or receive any of these "Paid For Products", as well as the above terms and conditions, you are also agreeing to the terms in this Section i). We reserve the right to vary or terminate the "Paid For Products" and do not guarantee that "Paid For Products" will remain paid for or that a free-of-charge product will remain free-of-charge.

You must provide PayPal with complete and accurate payment and delivery information. Through PayPal you can pay by credit card. By submitting credit card payment details you warrant that you are entitled to purchase the "Paid For Products" using those payment details. In the case of unauthorised payments Thoresen reserves the right to suspend or terminate your access to the "Paid For Products". If we do not receive payment confirmation from PayPal or any confirmations is subsequently cancelled, we may immediately terminate or suspend your access to any "Paid For Product". Thoresen will try to process your orders promptly but does not guarantee that the "Paid For Products" will be available to you by any specified time. Thoresen makes no offer, either to enter into a order contract or to provide any other good or service. Thoresen reserves the right to reject any offer for any reason and without giving any reason. A contract with you for receipt of the "Paid For Products" will come into effect when Thoresen confirms this to you. We may use third parties to assist in the provision of the "Paid For Products". There is no specific time limit applying to your use of the "Paid For Products" on these terms and conditions. However, Thoresen reserves the right to suspend or terminate the delivery of the "Paid For Products" if you breach these terms and conditions, with or without notice and without further obligation to you. We will charge you in British Pounds Sterling independent of your country of residence. Your payment for any "Paid For Product" should be directed to Thoresen Limited only and not to any other Thoresen trademarks as Thoresen Limited is your contracting partner for all "Paid For Products" from Thoresen Websites. You may also have to pay any applicable local taxes, in such case the tax will be normally, but not necessarily, be specified in your order calculation. As described in these terms and conditions, some Thoresen Content is made available as part of a "Paid For Product". You are not permitted to deliberately attempt to access that content without paying the applicable product fee. Any attempt to do so is a breach of these terms and conditions and may also constitute an offence as a matter of law. We fully reserve all rights it may have to enforce its rights under these terms and conditions or at law (any failure to do so is not a waiver of these rights).

The product prices are set out on the pages which contain our product order process. If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. We reserve the right without notice and at any time to terminate any free trial. Eligibility for any discounts is ascertained at the time you order only. Thoresen will aim to commence delivery of "Paid For Products" once your payment has been received and 2 business days (UK), 7-10 business days (Eurozone) or 10-12 business days (Rest of the world) for physical products and 2 business days (UK), 3 business days (Eurozone) or 4 business days (Rest of the world) for electronically distributed products . Any failure to commence delivery within the foregoing timescales shall not constitute a breach of these terms and conditions by Thoresen. Once delivery has commenced, Thoresen's "Paid For Products" will be delivered Monday through to Friday at the one delivery address or the one email address specified when your order was confirmed. With the exception of any cancellation rights you have, we do not provide refunds for "Paid For Products" once delivered. Cancelling or Changing your order: You may cancel or amend your order at any time by contacting enquiries@thoresen.co.uk. For cancellations, Thoresen will refund you on a pro rata basis. This means that we will refund you or credit your account with any amounts you have paid us in advance that relate to any remaining product that has not yet been delivered. Any cancellation will be effective once Thoresen receives email notice at enquiries@thoresen.co.uk. For any non-electronic product you must provide at least 5 business days notice in advance of your scheduled delivery date to cancel order. With regard to any "Paid for Product" you will be contracting with Thoresen Limited, with company registered no. 5174050 whose registered office is at 145-157 St John Street, 2nd floor, London EC1V 4PY, UK.

Notwithstanding the above, any use of Thoresen Websites will in all circumstance be subject to these terms and conditions.

 

j) Corporate Information

Thoresen Websites are operated by Thoresen Limited, a company with registered no. 5174050 whose registered office is at 145-157 St John Street, 2nd floor, London EC1V 4PY, UK.

 

k) Changes to Terms and Conditions

These terms and conditions were published on 12 December 2008 and replace with immediate effect the all terms and conditions previously published.