Terms & Conditions
Please read this carefully because it sets out the terms of a legally binding agreement between you and schemeXpert.com, a trading name of The Financial Times Limited with its registered office at Number One Southwark Bridge, London SE1 9HL.
These are the terms and conditions on which you may use the schemeXpert.com website and the content/services available on it (which we call ”Content”). These terms apply to your use of schemeXpert.com and all Content irrespective of the delivery platform or device you use to access it. By accessing schemeXpert.com you are agreeing to these terms and conditions. If you use schemeXpert.com in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.
If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use schemeXpert.com or any Content. If you have any questions please contact us. We recommend that you print and save a copy of these terms and conditions for your records.
We strongly recommend that you read these terms and conditions in their entirety. However for your convenience we have provided a summarised version of them as part of our Frequently Asked Questions.
References in these terms and conditions to ”schemeXpert” (or ”we”, ”us” or ”our”) refer to the company operating schemeXpert.com. See Section 9 below for details.
1. Introduction
These terms and conditions were last updated on 9 August 2010 and replace all previous terms and conditions for schemeXpert.com. SchemeXpert.com may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of such changes in Section 10 below or upon request. You should regularly check Section 10 to see if any changes have been made.
We may in exceptional circumstances cease to operate schemeXpert.com or publish the Content. If we do so, then we will have no further obligation to you.
2. Access and Use
Our ability to invest in high quality content depends on our users complying with this Section 2. We recommend that you also read our Copyright Policy that summarises how you are allowed to use Content.
In summary, unless you are a registered user you may not be permitted to view any articles (unless we, in our sole discretion, choose to allow limited access to non-registered users to certain articles of Content); if you are a registered user, you can view a limited number of articles a month.
Permitted Use: All Content belongs to schemeXpert.com or its licensors who own all intellectual property rights (including copyright and database rights) in the Content and any selection or arrangement of the Content. No intellectual property rights in any Content are transferred to you. ”schemeXpert.com” and ”Financial Times” are proprietary trade and service marks and you may not use them without written permission from schemeXpert.com. You may do the following:
view Content for your personal use on any device that is compatible with schemeXpert.com or any schemeXpert.com application (this might be your PC, laptop, Blackberry, iPhone or other mobile device) and store Content on that device for your personal use.
- print single copies of articles on paper for your personal use.
- share links to articles by using the article tools we make available at the foot of each article.
- use spidering technology to search and link to schemeXpert.com, provided that you do not infringe the Restrictions on Use below.
On condition that you do not create a Substitute (as defined below), you may also do the following:
- Publish online, the original schemeXpert.com headline and a link to the schemeXpert.com article (on schemeXpert) and the first 140 characters of an article.
- Forward the original schemeXpert.com headline and a link to the schemeXpert.com article (on schemeXpert) and the first 140 characters of an article to other individuals.
We define a Substitute as a product or service that reduces the need for users or other third parties to pay for Content directly, or which creates revenue from the Content to the detriment of schemeXpert.com's own ability to generate revenues from that content.
As specified in the “Restrictions on Use” section below you may not republish or redistribute full text articles. You may however republish or redistribute “Summaries” of schemeXpert.com articles if you comply with the conditions set out below. “Summaries” can be either an “extract” or an “abstract”. By “extract” we mean 30 words copied verbatim from a schemeXpert.com article which are inserted into a longer original work. By “abstract” we mean a 30 word non-verbatim summary of the news or facts reported in a schemeXpert.com article which does not form part of a longer work.
These are the conditions you must comply with in order to produce summaries:
- you source schemeXpert.com as the author of any article from which you have derived a summary by way of an attribution such as “[journalist name] at schemeXpert.com, a division of the Financial Times, reported that”, with a hypertext link from the word “schemeXpert.com” to the original story published on schemeXpert.com;
- in the case of abstracts, you make clear that the abstract has been produced by you by stating “this abstract from schemeXpert.com, a division of the Financial Times, was produced by [name]”, with a hypertext link from the word “schemeXpert.com” to the original story published on schemeXpert.com;
- you ensure that your summaries do not in whole or in part form a Substitute for schemeXpert.com's own products and services (see above for how we define Substitute). The more summaries you create the greater the risk of substitution. No individual or organisation may create, republish or redistribute more than ten summaries in aggregate each day, each one sourced from a different schemeXpert.com article that is published on the same day you create the summary;
- you do not use or create summaries that promote or endorse any product or service; and
- if schemeXpert.com notifies you that it believes you are creating, republishing or redistributing summaries outside of these parameters, you shall immediately cease doing so and your rights to create summaries shall be regarded as having been withdrawn, unless/until schemeXpert.com reaches an agreement with you regarding your use of schemeXpert.com articles.
Please note that these rights do not extend to content published by schemeXpert.com that we licence from third parties which you may not republish or redistribute in whole or in part.
PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT CERTAIN TYPES OF USE REFERRED TO IN THIS SECTION 2, THE RESTRICTIONS BELOW ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF SCHEMEXPERT.COM.
Restrictions on Use: You cannot use schemeXpert.com or the Content for any unlawful purpose or other than as set out in the “Permitted Use” section above, unless you buy the appropriate licence from us, contact us for details. By way of example only, this means that you cannot:
- if you are a registered user, you cannot share your user name and password (which includes PINS) with anyone else. A password is for one person’s use. Sharing a password means a copy of the Content may subsequently be made by someone who is not authorised to do so. Password sharing is a breach of our terms and conditions and is likely to result in an infringement of copyright. We monitor usage of schemeXpert.com to detect password sharing.
- copy, publish, republish or redistribute, communicate or disseminate to third parties full text articles, photographs, graphics, tables or images in any way.
- copy, publish, republish or redistribute headlines in any way other than as permitted by the “Permitted Use” section above (including as part of any syndication, content aggregation, news aggregation, library, archive or similar service).
- archive or store any of the Content for access by anyone other than yourself.
- create derivative works from the Content, unless you are creating summaries as described in the “Permitted Use” section above.
- photocopy or scan copies of articles.
- remove the copyright or trade mark notice from any copies of Content made under these terms and conditions.
- create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content (by spidering or otherwise).
- frame, harvest or scrape the Content or otherwise access the Content for similar purposes.
- use or attempt to use the Content outside the parameters we set depending on what subscription you have.
Linking: If you would like to link to schemeXpert.com, please read and comply with the following guidelines and all applicable laws. A site or service that links to schemeXpert.com:
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to the homepage of schemeXpert.com, and, provided that the requirements of Section 2 are complied with, may also link to other pages of schemeXpert.com;
- must not in any way imply that schemeXpert.com is endorsing it or its products or services;
- must not misrepresent its relationship with schemeXpert.com or present false information about schemeXpert.com;
- 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.
3. Privacy Policy and Registration
All information received by you from your use of schemeXpert will be used by schemeXpert.com in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.
If you choose to register with us, in order to comment on the Content and participate in selected forums available as part of schemeXpert.com, you must provide schemeXpert.com with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable schemeXpert.com registration or subscription pages. schemeXpert.com is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password (”ID”). You are not allowed to share your ID or give access to Content through your ID to anyone else. schemeXpert.com does not allow multiple users on a network or within an organization to use the same ID. schemeXpert may cancel or suspend your access to schemeXpert.com if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of schemeXpert.com.
You are responsible for all use of schemeXpert.com 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 schemeXpert.com immediately by e-mailing us at schemeXpert@ft.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide schemeXpert.com with an email address that will result in any messages schemeXpert.com 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 promise that you are entitled to receive those messages. You also agree that schemeXpert.com may stop sending messages to you without notifying you.
If you are a registered user of or subscriber to schemeXpert.com then you may choose to use schemeXpert.com’s ”Remember me” log in feature that enables you to be logged in automatically to schemeXpert.com whenever you visit schemeXpert without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of schemeXpert.com personal to you.
4. User Generated Content
schemeXpert.com includes discussion forums and blogs that allow interaction between registered users (but not unregistered users) - we call these ”Forums”. We call the information posted to these forums or blogs by users “User Generated Content” or “UGC”.
If you have registered and wish to view or participate in a Forum then you must comply with any specific rules posted on the Forum. You will retain ownership of the copyright in any of your UGC that you or we publish on schemeXpert.com so you are free to re-use it as you wish. You agree that if you post UGC to a Forum then you are granting schemeXpert.com a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on schemeXpert.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC. If we do publish any UGC submitted by you, we may (without notice) remove that UGC at any time.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to or otherwise publish any UGC containing any form of marketing, advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening, abusive, defamatory, indecent or otherwise unlawful.
- not disguise the origin of any UGC and not impersonate any person or entity (including schemeXpert.com employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to the Forum or the Forum’s topic.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of schemeXpert.com or any computer software or equipment.
- not collect or store other users’ personal data.
- not restrict or inhibit any other user from using the Forums.
The Forums contain UGC submitted by users over whom schemeXpert.com has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for schemeXpert.com to fully monitor all UGC published on schemeXpert.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from schemeXpert.com and act accordingly. If you believe that any UGC published on schemeXpert.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us.
5. Third Party Sites and Services
schemeXpert.com may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call ”Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with schemeXpert.com and so include schemeXpert.com’s trade marks.
It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites and you should read Section 6 below carefully. Our Privacy Policy does not apply to Third Party Sites.
schemeXpert.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on schemeXpert.com complies with international and national law. schemeXpert.com is not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from schemeXpert.com belongs to schemeXpert 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. Do not install or use any of this software unless you agree to such licence agreement. schemeXpert.com is not responsible for any technical or other issues that may happen if you download third party software.
6. Our Responsibilities To You
This section is important and you should read it carefully. It makes clear to what extent, if any, schemeXpert.com accepts responsibility (liability) to you for your use of schemeXpert.com or the Content or in respect of any third party products or services that we refer to or link to on schemeXpert.com. We accept no financial responsibility to you arising from your use of schemeXpert.com or the Content. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on schemeXpert.com. By Third Party Products we mean products or services provided by third parties. Although this means that we accept no financial responsibility for your use of schemeXpert.com and the Content, we think this is fair on the basis that you can view certain content and services free-of-charge. It is not commercially possible for us to accept more responsibility for your use of schemeXpert.com than set out in this Section 6.
Limitations of Content: the Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Content, including UGC and any other content provided by third parties and distributed by schemeXpert.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by schemeXpert.com. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) schemeXpert.com are at your own responsibility and entered into at your own risk. Any information that you receive via schemeXpert.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate. We may, from time to time and without notice, change or remove Content, or make any other changes to the schemeXpert.com site as we, in our absolute discretion, deem necessary.
What we promise: SCHEMEXPERT.COM WILL TRY TO DEVELOP AND OPERATE SCHEMEXPERT.COM WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF SCHEMEXPERT.COM AND THE SCHEMEXPERT.COM CONTENT.
What we do not promise: SCHEMEXPERT.COM AND THE SCHEMEXPERT.COM CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT SCHEMEXPERT.COM DOES NOT MAKE ANY PROMISES IN RESPECT OF SCHEMEXPERT.COM OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH SCHEMEXPERT.COM OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM SCHEMEXPERT.COM. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SCHEMEXPERT.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. SCHEMEXPERT.COM ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF SCHEMEXPERT.COM AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT SCHEMEXPERT.COM IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF SCHEMEXPERT.COM AND ALL SCHEMEXPERT.COM CONTENT. WITHOUT LIMITING THE ABOVE, SCHEMEXPERT.COM IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. SCHEMEXPERT.COM DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 APPLY FOR THE BENEFIT OF SCHEMEXPERT.COM, ITS AFFILIATES AND ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE SCHEMEXPERT.COM CONTENT.
Notwithstanding anything else in this Section 6, schemeXpert.com’s liability will not be limited in the case of death or personal injury directly caused by schemeXpert.com’s negligence in those countries where it is unlawful for schemeXpert.com to seek to exclude such liability, or in the case of any other liability which may not, by English law, be limited or excluded.
YOU AGREE SCHEMEXPERT.COM IS DESIGNED FOR USE IN RELATION TO UNITED KINGDOM PENSIONS ONLY AND YOU SHOULD NOT USE THEM IN RELATION TO ANY PENSIONS OR PENSION SCHEMES OUTSIDE OF THE UNITED KINGDOM.
7. Choice of Law and Jurisdiction
If you are a user whose principal address or principal use of schemeXpert occurs in any jurisdiction other than the United States then these terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 8) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
If you are a user whose principal address or principal use of schemeXpert.com occurs in the United States then these terms and conditions will be subject to the laws of the State of New York. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of the State of New York will (subject to the final paragraph in this Section 8) 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 schemeXpert.com and to the extent possible in the applicable jurisdiction, schemeXpert.com will 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.
8. General
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within the Financial Times group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
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 will 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.
SchemeXpert.com is best viewed with one of our supported browsers. Our current list of supported browsers and the degree to which they are supported can be found here. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
9. Corporate Information
The Financial Times Limited is the publisher of the Financial Times newspaper and the schemeXpert.com website, and its corporate details are as follows: registered office address is Number One Southwark Bridge, London SE1 9HL; company number is 227590; VAT number is 278 5371 21; and Data Protection Registration Number is Z7087146.
10. Changes to Terms and Conditions
These terms and conditions were first published on 9 August 2010.
