Terms and Conditions

Background:
This Agreement applies as between you, the User of this Web Site and Fred Gray, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately. These terms and conditions are effective from 2010-10-01.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Free Content” means any Content that is accessible without the payment of a Membership Fee;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Fred Gray” means Fred Gray, Suite 14128, 145 – 157 St John Street, London EC1V 4PY;
“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Membership Fee;
“Service” means collectively any online facilities, tools, services or information that Fred Gray makes available through the Web Site either now or in the future;
“Membership Fee” means the sum of money paid by Users at Monthly or Yearly intervals to keep their Account active and to enable them to access Paid Content;
“Membership Period” means the period for which a subscription has been purchased and may refer to one Month or one Year accordingly;
“System” means any online communications infrastructure that Fred Gray makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User”/”Users” means any third party that accesses the Web Site and is not employed by Fred Gray and acting in the course of their employment; and
“Web Site” means the website that you are currently using www.currencycompass.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.
Intellectual Property
2.1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fred Gray, or Fred Gray’s affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.
3.
Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal, commercial or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Fred Gray. Specifically you agree that:
3.1. you will not systematically copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Fred Gray;
3.2. you may, as a student of a recognised Learning Establishment, use the Free Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and
3.3. employees of Learning Establishments may use the Free Content of the Website for teaching purposes.
4.
Use of Paid Content
Payment of a Membership Fee grants you a license to use all Paid Content on the Web Site for the duration of your subscription. You may use such Content in the following ways:
4.1. for personal purposes;
4.2. for commercial purposes; and
4.3. for educational purposes.
Under such a license, you agree that:
4.4. you will not systematically copy Paid Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Fred Gray;
4.5. you may, as a student of a recognised Learning Establishment, use the Paid Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and
4.6. employees of Learning Establishments may use the Paid Content of the Website for teaching purposes.
5.
Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
6.
Links to Other Websites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Fred Gray or that of Fred Gray’s affiliates. I assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.currencycompass.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Fred Gray. To find out more please contact us by email at fred(at)currencycompass.net or by writing to Fred Gray, Suite 14128, 145 – 157 St John Street, London EC1V 4PY.
8.
Links to this Web Site
8.1. When using the forums, chat or similar and / or any other System on the Web Site you should do so in accordance with the following rules:
8.1.1. you must not use obscene or vulgar language;
8.1.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3. no Content that is intended to promote or incite violence;
8.1.4. it is advised that posts on message boards, chat facilities or similar and communications with Fred Gray are made using the English language as I may be unable to respond to enquiries submitted in any other languages;
8.1.5. you must not post links to other web sites containing any of the above types of Content;
8.1.6. the means by which you identify yourself must not violate these terms of use or any applicable laws;
8.1.7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
8.1.8. you must not impersonate other people, particularly employees and representatives of Fred Gray or Fred Gray’s affiliates; and
8.1.9. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
8.2. You acknowledge that Fred Gray reserves the right to monitor any and all communications made to him or using his System.
9.
Accounts
9.1. In order to access Paid Content on this Web Site and to use the forums, chat or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Site you represent and warrant that:
9.1.1. all information you submit is accurate and truthful; and
9.1.2. you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2. Sharing of accounts is not permitted unless expressly authorised in writing by Fred Gray. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3. When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.
Memberships
10.1. Membership charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation and Monthly or Yearly thereafter.
10.2. Your first payment will be at the price advertised on the Web Site. Fred Gray reserves the right to change Membership Fees from time to time and any such changes may affect your subscription rate:
10.2.1. increases in price will not be reflected in your subscription on the date of the immediately subsequent renewal; and
10.2.2. decreases in price will not be reflected in your subscription on the date of the immediately subsequent renewal.
10.3. If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Membership Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Membership Fee and reactivate your subscription.
10.4. If you have subscribed in error you must inform Fred Gray within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.
11.
Termination
11.1. Either Fred Gray or you may terminate your account and (where relevant) your subscription. If Fred Gray terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Fred Gray reserves the right to terminate without giving reasons.
11.2. If Fred Gray terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
11.3. If Fred Gray terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Membership Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Membership Period and multiplied by the number of days remaining until the end of the Membership Period.
11.4. If Fred Gray terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
11.5. If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 10.3.
12.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
13.
Disclaimers
13.1. Fred Gray makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
13.2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Fred Gray makes no warranty or representation that this is the case. I make no guarantee of any specific results from the use of our services.
13.3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
13.4. Commercial use of the information on this Web Site is permitted, however Fred Gray makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
13.5. Whilst every effort has been made to ensure that all descriptions of services available from Fred Gray correspond to the actual services available, Fred Gray is not responsible for any variations from these descriptions.
14.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. I give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fred Gray accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15.
Disclaimers
15.1. Fred Gray makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
15.2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Fred Gray makes no warranty or representation that this is the case. I make no guarantee of any specific results from the use of our services.
15.3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
16.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
18.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to fred(at)currencycompass.net. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Fred Gray shall be governed by and construed in accordance with the Law of England and Wales and Fred Gray and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.