IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. By using it you are deemed to have full knowledge of the following terms and conditions and to have accepted them.
1.1. This website (www.e-yield.com), (‘the Website’) is operated by SWV Solutions Ltd, a company registered in England and Wales, company registration number 05735572, whose registered office is located at 23 Westfield Park, Redland, Bristol BS6 6LT (“SWV Solutions”). Within this document and other legal notices within the Website, the terms (“we, “us”, “our” or “the Company”) refer to SWV Solutions. The terms (“you” or “your”) refer to users of the Website.
1.2. Your use of the Website is subject to the terms and conditions (“Terms”) set out below. If you do not agree to these Terms, you must cease use of the Website immediately. We may change these Terms at any time and the Terms applicable to your access to and use of the Website will be the version that is displayed on the Website when you access the Website and in accordance with your use.
It is your responsibility to check the Terms on each occasion that you access the Website.
1.3. The Website is educational and provides information on the financial markets.
1.4. The Website permits you two levels of access according to your registration and subscription status as follows. All references herein to the Website encompass the Website and all two levels of content provided via the Website:
1.4.1. As a Guest user, you have access to limited free content within the Website without a requirement to register your details;
Where we require payment for the different levels of subscription that we offer and you subscribe to, for your peace of mind if you feel that our Services are not to your liking we offer a money back guarantee! If you have paid for a subscription service and you are not satisfied with the Service, you can claim a full refund provided that you make a request to cancel your subscription in writing within 30 days from and including the date that you become a Subscriber. Kindly note that the money back guarantee does not apply to existing Subscribers that have been subscribers for more than 30 days or those who have participated in any free trial of the Service. The money back guarantee does not apply to one-off research reports purchased from the Website either.
1.5. We want your decision to use the Website to be well informed and the following is at the base of your relationship with SWV Solutions, however all contracts for the supply of information formed through the Website or as a result of information provided by or to you over the Website are governed by specific terms and conditions of supply relating to the particular information supplied, and under relevant legislative and administrative instruments, prevailing law and industry guidance.
2. Intellectual Property & Use
2.1. SWV Solutions and its licensors hold the copyright in all material held on this Website except where stated. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the material held within the Website (by spidering or otherwise); nor resell or publish elsewhere any material without written consent, save as authorised by a licence with SWV Solutions or to the extent required by the applicable law.
2.2. All trade marks, logos, images, product and company names displayed or referred to on this Website are the property of SWV Solutions and/or third parties. Nothing on this Website or in these Terms grants you any license or right to use, alter or remove such material.
2.3. Subject to your agreement of these Terms and Conditions, you may view this Website using your web browser and electronically copy and print parts of this Website for personal, non-commercial use. The unauthorised and unattributed reproduction, modification, distribution, transmission, republication, or uploading of any part onto other publications or websites to include the reproduction, display or performance of any material from this Website (whether downloaded or not) is prohibited for commercial exploitation.
2.4. Subject to your agreement of these Terms and Conditions, if you wish to commercially exploit any data or reports that form part of the Website you may only do so under the terms of our license agreement. Please contact firstname.lastname@example.org for further information about this.
2.5. You agree not to knowingly upload, post, email or otherwise send or transmit any material to us in any way that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.
2.6. You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using our Website, or use the Website for any illegal or immoral purpose.
2.7. As with any online interaction and electronic communication, there is an inherent risk involved in transmitting and receiving information via the Internet. We therefore cannot guarantee that the system is free from hackers or viruses, or that information provided to or from users will not be stolen, surreptitiously obtained or altered. We are not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to any of the materials contained on this Website.
2.8. Neither us nor any third-party provider of content for the Website warrants that the Website or its content will be uninterrupted or error-free, free from viruses or security breaches or accepts liability for any of same.
3. Accuracy of Information, Disclaimers and Our Liability
3.1. SWV Solutions uses its best endeavours to ensure that all information on the Website or provided via the Website in the Service or Custom Services is accurate, but we do not warrant the accuracy, completeness or timeliness of such information at any given time; nor do we warrant that it is fit for any particular purpose.
3.2. The Website and the Service are for information purposes, with no consideration with regards to the investment objectives, financial situation or particular needs of individual or specific viewers and are not to be thought of as binding advice, an invitation to treat or an offer to buy or sell. Unless specifically stated otherwise, all price information is indicative only. All information presented is not to be considered a complete statement on the companies, markets or developments referred to therein and should never be regarded by you as a substitute for the exercise of your own judgment. WE DO NOT OFFER ANY FINANCIAL ADVICE.
3.3. Any information presented or opinions given in the Service are subject to change without notice and as a result of using different assumptions and criteria may differ or be contrary to information given or opinions expressed by other persons, businesses or groups, affiliated or not. Users are still advised to consult with their broker or other financial representative to varying pricing or other information. SWV Solutions, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided.
3.4. It is always advisable that you research in more than one unrelated source and that you consult professional advisors before making any decisions on the information provided to you on our Website.
3.5. SWV Solutions, its partners, officers, employees or clients may have or have had interests or long or short positions in the companies referred to herein, and may at any time make purchases and/or sales in them as principal or agent. Furthermore, SWV Solutions may have or have had a relationship with or may provide or have provided services to the relevant companies and employees of SWV Solutions may serve or have served as employees, officers or directors of the relevant companies. SWV Solutions may rely on information barriers and/or the laws of confidentiality to control the flow of sensitive information within SWV Solutions.
3.6. SWV Solutions does not endorse or carry out any financial investment transactions. If you wish to effect a transaction, you are advised to undertake your own due diligence and to contact a suitable professional advisor. The Website and the Service are provided solely to enable investors to make their own investment decisions and neither can constitute a recommendation to buy, sell or otherwise deal in investments. If you have any doubts, you should seek advice from an independent financial adviser.
3.7. Any opinions, advice, statements, services, offers, or other information or content accessible, visible, expressed or made available by third parties on the Website are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
3.8. The information on the Website available outside the Service is not intended to address your particular requirements. The information available through the Service does not constitute any binding form of legal, tax or investment advice or recommendation by us and is not intended to be solely relied upon by you in making (or refraining from making) any specific investment, or other, decisions.
3.9. Under no circumstances shall we be liable to you for any direct, indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Website or information on or provided via the Website including the Service. Subject as provided below, all terms implied by law are excluded. Subject to the restrictions set out in this clause, out total liability to you shall be limited to the amount that you have paid (if anything) for the subscribing to our Services.
3.10. SWV Solutions, its related entities, partners, employees and agents accepts no liability whatsoever for any loss or damage of any kind arising out of the use of all or part of the Website. We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded. All disclaimers shall in no way attempt to constitute waivers or limitations of any rights a person may have under such laws and/or regulations.
4. User Content
4.1 This Website may include bulletin boards, blogs, chat rooms and other pages that allow you and other users to post information and materials, provide feedback or comments to SWV Solutions and others (‘Content’):
4.1.1 you must own or have the right to submit Content for publication on our Website and all Content must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
4.1.2 you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
4.1.3 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
4.1.4 we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to suspend or exclude Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above. In addition, we reserve the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to both civil and criminal sanctions applicable to the content in question (damages, fines and/or imprisonment).
4.2 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is personal information about you. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
4.3 You warrant and undertake that you will not use our Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory, obscene material or any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others.. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
5.1 We do not accept any responsibility or liability for the contents of any third party website that may be linked to the Website by way of hypertext links or other means of reference. Whilst we believe such sites may be of interest to you, we do not endorse or accept any responsibility for the content or the use of such websites. We can make no warranties with regard to the quality, security, accuracy or any other aspect of websites over which we have no control over, or as such proprietary interest in. You must also take your own precautions to ensure what is selected for use is free from any viruses, worms, Trojan horses or other items of a destructive nature
5.2 You may not link our Website to another website or otherwise demonstrate or indicate our endorsement without our prior written consent.
To become a registered user of the Service:
7.1.1 You must be at least 18 years of age;
7.1.2 You agree to provide us with personal details (including your name, email address, postal address and other required information) that are true and current, and you agree to update us if at any time your personal details change by using the appropriate functions; you understand that failure to supply such reasonable information or the supply of false or fraudulent information may result in your registration being rejected, and may result in legal action.
7.1.3 We will use all reasonable endeavours to provide users with a prompt and continuing service although we cannot at any given time, however, warrant that the service will continue uninterrupted or will remain unchanged and we reserve the right to make necessary maintenance.
7.2 We use all reasonable endeavours to ensure that the information contained in the Website is correct and reliable but as a result of our continual improvement policy no warranty, either express or implied, can be given as to the accuracy or completeness of information contained on the Website as at any given time.
7.3 The Website is not intended to provide exhaustive detail in respect of any of the issues or matters referred to on it.
7.4 You agree that you are solely responsible for maintaining the confidentiality of your account details and password and for restricting access to your computer.
7.5 You agree to take all reasonable care in protecting your account from unauthorised use including taking adequate steps to log out of your account and close all open browser windows when using publicly accessible computers (for example, computers in such locations as internet cafes, libraries, web enabled payphones, kiosks and other shared computers). We are not responsible for any resulting unauthorised use of your account.
8.1 Any formal legal notices should be sent to us at the address at the end of these Terms by email. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. We may amend these Terms at any time by posting a variation on the Website.
8.2 English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You 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. We make no warranty or guarantee that the Website or information available over it complies with laws other than those of England and Wales.
8.3 In the event of any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
FURTHER INFORMATION ON THESE CONDITIONS OR ANY QUERIES ON THEM CAN BE OBTAINED FROM SWV SOLUTIONS EMAIL: ADMIN@BETTERTRADER.CO.UK