Please read this carefully. These are the terms and conditions on which you may use the Catalyzt website and the content & services available on it. These terms apply to your use of Catalyzt and all Catalyzt content irrespective of the delivery platform you use (for example, desktop PC, laptop, mobile device or otherwise) and irrespective of how the Catalyzt content is delivered to you (for example, via web browser, Mobile Internet browser, email, SMS or otherwise). By accessing Catalyzt, you are agreeing to the terms and conditions below. If you use Catalyzt in the course of your business, you are also agreeing to these terms and conditions on behalf of that business.
If you do not agree with the terms and conditions (or are not authorised to do so) you should not use Catalyzt. If you have any questions please contact firstname.lastname@example.org. 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 02 January 2008 and replace all previous terms and conditions for Catalyzt, which is operated by Cartezia Cambridge Ltd ( “Cartezia” ). Cartezia may change, alter, suspend or withdraw any part of Catalyzt at any time (with or without notice to you) and may also change the terms and conditions. Cartezia will publish details of any changes to the terms and conditions in Section 11 below. You should regularly check Section 11 of these terms and conditions to see if any changes have been made. By using Catalyzt 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 Catalyzt and you may cancel your subscription to any Paid For Services in accordance with your rights set out in Section 9. References in these terms and conditions to “Cartezia” (or “we”, “us” or “our”) refer to Cartezia Cambridge Ltd, which operates Catalyzt.
1. Access and Use
Catalyzt is split into three sections. Areas and levels of access that are: (1) accessible to all; (2) accessible to registered users; and (3) accessible to paying subscribers.
Permitted Use: All Catalyzt Content belongs to Cartezia or its licensors. Cartezia or its licensors own all intellectual property rights (including copyright and database rights) in the Catalyzt Content and any selection or arrangement of the Catalyzt Content. You may for your personal, non-commercial use:
- retrieve and display Catalyzt Content on any compatible device;
- print a single copy of individual articles on paper (but not photocopy them);
- email headlines appearing on Catalyzt (but not full text articles) to a maximum of ten individuals
- 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 Catalyzt, provided that you do not infringe the Restrictions on Use below.
Restrictions on Use: You may not use Catalyzt 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 Catalyzt Content. Without limitation, you may not do any of the following without prior written permission from Cartezia (and neither may you allow a third party to do any of the same):
- with the exception of personal, non-commercial use, redistribute any of the Catalyzt Content (including by using it as part of any syndication, content aggregation, news aggregation, library, archive or similar service); or
- remove the copyright or trade mark notice from any copies of Catalyzt 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 Catalyzt Content (by spidering or otherwise); or
- frame, harvest or scrape the Catalyzt Content or otherwise access the Catalyzt Content for similar purposes.
Linking: If you would like to link to Catalyzt, please read and comply with the following guidelines and all applicable laws. A site or service that links to Catalyzt:
- may display a Catalyzt logo but must not otherwise use any Cartezia trade marks without permission from Cartezia
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to the homepage of Catalyzt, and on an ad hoc, non-systematic basis deeplink to other pages of Catalyzt;
- must not in any way imply that Catalyzt is endorsing it or its products or services;
- must not misrepresent its relationship with Cartezia or present false information about Cartezia;
- 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.
Cartezia expressly reserves 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 CATALYZT.
On registration, you must provide Cartezia with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable Catalyzt registration pages. This is particularly important if you subscribe to receive any Paid For Services. Cartezia 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"). Cartezia does not permit any other person sharing your ID or access through a single ID being made available to multiple users on a network. Cartezia may cancel or suspend your access to Catalyzt if you do this without further obligation to you.
You are responsible for all use of Catalyzt 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 Cartezia immediately by e-mailing us at email@example.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 Cartezia with an email address that will result in any messages Cartezia 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 Cartezia may refrain from sending messages to you without notifying you.
If you register with Catalyzt or if you subscribe to Catalyzt Subscription Service (see Section 9 below) then you may choose to use Catalyzt’s "Remember me" log in feature that enables you to be logged in automatically to Catalyzt whenever you visit without having to manually log in each time. However, 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 Catalyzt personal to you.
3. Discussion Forums
Catalyzt includes discussion forums and blogs that allow interaction between users and between users and Catalyzt Authors ("Forums"). While Catalyzt does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.
You must comply with any rules posted by Catalyzt on a Forum. You may not:
- post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
- post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- disguise the origin of any Messages;
- impersonate any person or entity (including Cartezia employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
- post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of Catalyzt or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify Cartezia from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Section 3.
The Forums contain Messages submitted by users over whom Cartezia has no control. Cartezia cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
Catalyzt Authors (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by Catalyzt. The opinions of those Catalyzt authors and special guests are their own and are not necessarily endorsed by Cartezia. They should not be considered by you as professional advisers.
By submitting Messages to any Forums you are granting Cartezia a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form or media. This may include personal information such as your user name and alias and your expressions of opinion. Cartezia reserves the right to contact you by e-mail with regard to your use of the Forums.
It is not possible for Cartezia to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights.
If you believe that a Message infringes any legal rights that you may have, you should notify Cartezia immediately with specific details by contacting us at firstname.lastname@example.org.
4. Technical Requirements and Site Security
Catalyzt is best viewed with one of our supported browsers: Internet Explorer 7 and Firefox 2.
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.
5. WARRANTIES AND LIMITATION OF LIABILITY
The Catalyzt Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Catalyzt Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Cartezia 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) Catalyzt are at your sole risk and responsibility. Any information that you receive via Catalyzt 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. Cartezia is not responsible for any use of the Catalyzt Content by you outside its scope as stated in these terms and conditions.
What we can guarantee: CARTEZIA SHALL DEVELOP AND OPERATE CATALYZT WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.
What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, CARTEZIA DOES NOT GIVE ANY WARRANTIES IN RESPECT OF CATALYZT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH CATALYZT. TO THE EXTENT ALLOWED BY APPLICABLE LAW, CATALYZT 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 CATALYZT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT CARTEZIA WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF CATALYZT (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING CATALYZT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT CARTEZIA 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 CATALYZT.
CARTEZIA SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN CATALYZT 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 CATALYZT (TO THE EXTENT THAT CARTEZIA'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS:
- IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF CATALYZT. THIS IS SUBJECT TO A LIMIT EQUAL TO THE MONTHLY FEE PAID BY YOU TO CARTEZIA PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.
- IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN CATALYZT, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF CATALYZT. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE MONTHLY CATALYZT SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES.
IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE MONTHLY CATALYZT SUBSCRIPTION FEE.
The above disclaimers and restrictions on liability apply equally to your use of Catalyzt and all Catalyzt Content.
Without limiting the above, Cartezia is not liable for matters beyond its reasonable control. Cartezia 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 5, Cartezia's liability will not be limited in the case of death or personal injury directly caused by Cartezia's negligence.
6. Third Party Sites and Services
Copyright in any software that is made available for download from Catalyzt belongs to Cartezia 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. Cartezia is 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.
Catalyzt may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Catalyzt complies with international and national law. Cartezia will not be responsible for any error or inaccuracy in advertising or sponsorship material.
7. 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 Cartezia and to the extent possible in the applicable jurisdiction, Cartezia 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.
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.
9. Paid For Services
Cartezia operates the Catalyzt Subscription Service. By subscribing to receive any Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms in this Section 9. Cartezia reserves the right to vary or terminate the Paid For Services and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.
The Catalyzt Subscription service is subject to availability and will depend on your chosen delivery location.
You agree to pay any subscription fees at the rates in effect when the charges are incurred.
You must provide us with complete and accurate payment information. You can pay by credit card. By submitting credit card payment details you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments Cartezia reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.
Cartezia will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. Cartezia makes no offer, either to enter into a subscription contract or to provide any other good or service. Cartezia 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 Services will come into effect when Cartezia confirms this to you. Cartezia may use third parties to assist in the provision of the subscription services.
Cartezia reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.
The standard corporate subscription rate allows access for up to 3 named users, who each have the same rights and privileges as the individual user.
Cartezia will charge you in British Pounds Sterling and will charge VAT in addition for all UK-domiciled individuals and companies.
As described in these terms and conditions, some Catalyzt Content is made available as part of a paid for subscription service. You are not permitted to deliberately attempt to access that content without paying the applicable subscription fee. Any attempt to do so is a breach of these terms and conditions and may also consititute an offence as a matter of law. Cartezia fully reserves 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.
Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out either an annual, quarterly or monthly subscription which will automatically renew or any other fixed term or automatically renewing payment frequency that we may offer from time to time. Cartezia will notify you in advance of any price increases. If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. No more than one free trial per subscriber is allowed. 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 subscribe and cannot be changed during the term of your subscription.
Cancelling or Changing your Subscription: You may cancel or amend your subscription at any time by contacting us at email@example.com. Subscriptions, once paid, are not refundable.
10. Corporate Information
Catalyzt is operated by Cartezia Cambridge Limited whose corporate details are as follows:
- Registered office address: St Johns Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.
- Company number is 5671361
- VAT number is 891 186 5 93
- Data Protection Registration Number is Z1258745
11. Changes to Terms and Conditions
These terms and conditions were published on 02 January 2008 and replace with immediate effect any terms and conditions previously published.