Last updated: 27 October 2014
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOU. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOU AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOU THAT MAY BE POSTED ON THE WEB SITE. PLEASE ENSURE THAT YOU CHECK THIS PAGE FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGE WE HAVE MADE.
2. Information about us
The Web Site is a site operated by us. We are a company registered in England and Wales with company no 08895417 whose registered office is at Finsgate, 5 -7 Cranwood Street, London UK, EC1V 9EE.
2. Using the Web Site
(a) Eligibility. The Web Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Web Site or purchase any products made available on the Web Site (“Products”). Your use of the Web Site will be deemed to be a representation that you are 18 years of age or older.
(b) License and Restrictions. Subject to the terms and conditions of this TOU, you are hereby granted a limited, non-exclusive right to use the content and materials on our Web Site for your personal use. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, disseminate, broadcast, frame, communicate to the public, use or exploit for commercial purposes or sublicense materials or content available on the Web Site, except as expressly set forth in this TOU. You may print off one copy, and may download extracts, of any pages(s) from the Web Site for your personal use and you may draw the attention of others within your organisation to content posted on the Web Site, on the condition that you give appropriate acknowledgement to us. You must not modify in any way any paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphic separate from any accompanying text.
(c) Prohibited Conduct. In your use of the Web Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of us or a third party or use any materials from the Web Site in any manner that may infringe any intellectual property right or proprietary right of us or any third party; (ii) disrupt or interfere with the security or use of the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, bugs, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorised access to the Web Site; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Web Site without their or our express written consent; (viii) submit false or misleading information to us; (ix) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site; (x) use the Web Site or materials on the Web Site in a way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or other personal rights of others or in any defamatory, obscene threatening or abusive manner; (xi) use the Web Site for any commercial purpose including using any automated system or software to track content or data from the Web Site for commercial purposes unless otherwise agreed in writing with us; or (xii) assist or encourage any third party in engaging in any activity prohibited by this TOU.
4. Accuracy of Information
We attempt to ensure that the information on the Web Site is complete, accurate and up-to-date; however, we make no representations, warranties or guarantees, whether express or implied that the content of the Web Site or the content provided via our social media accounts or the content of any other materials provided by us (“Content”) is accurate, complete or up-to-date. Further, the views and opinions expressed on our social media accounts are the views and opinions of the person posting the information and are not our views or those of any member of our group, unless we expressly state otherwise. Any Content is provided for general information only and is not intended to amount to advice on which you should rely. In particular, Content shall not constitute investment advice or investment service, and is not intended as an offer or solicitation to purchase any security or financial instrument. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any Content (in particular regarding the consequences to you of purchasing or selling precious metals). We reserve the right to: (i) revoke any offer contained in any Content (including any offer stated on the Web Site or via our social media accounts); (ii) correct any errors, inaccuracies or omissions in any Content; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site or on our social media accounts.
All prices for Products that appear on the Web Site are exclusive of any VAT or other applicable sales, use or other tax or duty applicable to transactions involving the Products.
6. Customer Agreement
If you purchase any Products available on the Web Site, you will be required to enter into a “Customer Agreement”.
We employ measures designed to ensure the security of the Web Site, but, as provided below, make no guarantees in this regard.
8. Intellectual Property Rights
(a) We are the owner or licensee of all intellectual property rights in the Web Site, and the material published on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof. You may not use such materials without permission or remove any copyright or other proprietary notices contained in the materials e.g. © 2014 Rosland Capital Limited ALL RIGHTS RESERVED.
(b) Trade marks. We expressly reserve all rights in and to the www.rosland.co.uk domain name and all related domains and sub-domains, the trade name Rosland Capital and the related logos, design marks, service marks, trading names and/or other trade marks on the Web Site (including page headers, custom graphics, button icons and scripts). You may not use any of the aforementioned without our express written permission. Other trade marks, products and company names, mentioned on the Web Site may be trade marks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
(c) We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this TOU or otherwise, except as expressly set forth in this TOU.
9. Third-Party Services
10. Linking and Framing
You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without our express written permission.
Whenever you make use of a feature on the Web Site that allows you to upload content on to our Web Site, or make contact with other users of the Web Site, you must comply with the terms of this TOU as well as any other content standards notified to you by us from time to time. All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Web Site (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. Further, we have the right to remove any Comments posted by you on the Web Site if we believe it has been posted in breach of this TOU. You are and shall remain solely responsible for the content of any Comments you make and we will not be responsible to you or liable to any third party for the content or accuracy of any Comments. We also have the right to disclose your identity to any third party who is claiming that any Comments infringe its intellectual property rights or its right to privacy.
You agree to reimburse us for any damage, loss, cost or expense (including, without limitation, legal fees and costs) suffered or incurred by us in connection with any third-party claim, demand or action arising from, related to, or connected with your use of or access to the Web Site in breach of this TOU.
13. Disclaimers and Exclusions
(a) Disclaimer of warranties. We provide the Web Site on an “as is” and “as available” basis. We do not represent, warrant or guarantee that the Web Site, its use or any information on it: (i) will be uninterrupted or secure; (ii) will be free of defects, inaccuracies or errors; (iii) will meet your requirements; (iv) will be free from bugs or virus; or (v) will operate in the configuration or with other hardware or software you use. We make no warranties, representations or guarantees other than those made expressly in this TOU, and hereby disclaim to the fullest extent permitted by law all conditions, warranties, representations, guarantees or other terms which may apply to the Web Site or any Content, whether express or implied. (b) Disclaimer of forward-looking statements. This Web Site may contain forward-looking statements that reflect our current expectation regarding future events and business developments. The forward-looking statements involve risks and uncertainties, actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control. (c) Exclusion of liability. We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising out of or in connection with: (i) use of, or inability to use, the Web Site; or (ii) use of or reliance on any Content. We shall not be liable, howsoever caused, under or in connection with this TOU, for any: (i) loss of profits, sales, business or revenue; (ii) loss of data; (iii) business interruption; (iv) loss of anticipated savings; (v) loss of business opportunity, goodwill or reputation; or (vi) indirect, special, incidental or consequential loss or damage arising out of, relating to or connected with the use of or access to the Web Site, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring. Nothing in this TOU shall exclude our liability for: (i) death or personal injury; (ii) fraud or fraudulent misrepresentations; or (iii) any other liability that cannot be excluded or limited by English law.
14. Domestic Use
We control the Web Site from our offices within the U.K. We make no representation that the Web Site or any Content are appropriate or available for use in other locations. Users who access the Web Site from outside the U.K. do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No Content (including from the Web Site) may be downloaded in violation of U.K. law.
15. Applicable law
This TOU is governed by the law of England and any matter or dispute arising in connection with it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
16. Changes to the Web Site
We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOU. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOU will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site. Further if you have printed off, copied or downloaded any part of the Web Site in breach of this TOU, you must on termination at our option return or destroy such copies, print-outs or downloads.
18. Contact us
If you have any concerns or queries about any Content or this TOU, or any questions about your use of the Web Site, or you have any suggestions for improvements or additions that you would like to see on the Web Site, please email us at email@example.com or write to us at Finsgate, 5 -7 Cranwood Street, London UK, EC1V 9EE.