By signing up for the Newsquawk services or any of the services of Newsquawk Voice Limited you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any such services offered by Newsquawk are referred to in these Terms of Services as the "Services". Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Newsquawk reserves the right to update and change the Terms of Service by posting updates and changes to the Newsquawk website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including the Privacy Policy before you may become a Newsquawk user.
1. Definitions
- "Client", "Subscriber", "you", "your" and "yours" are references to you the person accessing this Website and ordering the Service from the Website;
- "Material" means the information and material available from the Service that we provide;
- "Privacy Policy" is a reference to the policy we operate concerning the collection, processing and storage of personal data;
- "Information" is any information obtained or derived from the Services.
- "Material" is the media on which the Services are supplied where the Services are not supplied by direct transmission or third party network to the Subscriber.
- "Newsquawk" is Newsquawk Voice Limited (Company number 12020774), whose address is given above and any affiliate acting on its behalf under or in connection with this Agreement.
- "Service(s)" means the 24 hour financial market news information and reporting service which we provide via our Website to you;
- "Site" is any Primary Site or Additional Site to which you have access to our service.
- "we", "us" and "our" are references to Newsquawk Voice Limited of 1 Love Lane, London, EC2V 7JN, United Kingdom
- "Website" is a reference to our website newsquawk.com on which we provide the Service.
2. Services
- The Services provided by Newsquawk to the Subscriber are in the nature of electronically delivered real-time news and market research and analysis. The Subscriber acknowledges that the provision of the Services and the supply of the Information are generic and do not constitute the giving of Investment Advice as defined by the Financial Services & Market Act 2000 and are not (directly or indirectly) invitations or inducements to engage in investment activity
- Newsquawk does not accept any liability for the availability, timing or reliability of its transmissions; written or verbal.
- Newsquawk offers no guarantees, implied or otherwise, regarding fixed lines, internet connections, and/or their fitness for a particular use.
- We shall use our reasonable endeavours to make the Services available to you at all times but we shall not, in any event, be liable for interruptions to or unavailability of the Services. Your ability to use and/or access the Service is dependent upon a number of factors which are beyond our reasonable control such as network capacity. We therefore cannot guarantee that (i) the Services will be available at all times, that they will be uninterrupted or error free or (ii) the intended recipient will receive the message.
- Newsquawk is unable to determine what losses may arise from an error in information disseminated and, therefore, does not accept any liability for any such errors
- It may occasionally be necessary to suspend the Service in order to undertake upgrades or remedy any faults with the Services and/or the Website. We will provide you with as much notice as is practicable of any planned suspension.
- Material provided by the Service is intended for general reference only. Application of that Material to any specific instance is your sole responsibility.
3. Registering with Us
- To access and use the Services, you must register for a Newsquawk account ("Account") by providing your full legal name, phone number, a valid email address, and any other information indicated as required. Newsquawk may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- By registering with us you agree to allow us to contact you via email and telephone in order complete the activation of your account. We need a valid number to call you on to verify your account. Without this, we will not be able to activate your trial
- You acknowledge that Newsquawk will use the email address you provide as the primary method for communication.
- You must ensure that you keep your login details, including password secure and do not provide this information to a third party.
- You must be 18 years or over in order to receive the Services. If you are under the age of 18 years you must have consent from your parent or guardian to use the Services and your parent or guardian must authorise payment.
- The Service made available to you from this Website is intended for your use only and you warrant that you are acting as principal only and not as agent for another party when receiving the Service.
4. Trial
- Newsquawk agrees to provide the Services free of recurring Charges for a period equal to the Trial Period beginning on the Trial Date. Once this period is complete you will be charged the subscription fee for the service.
- You are not entitled to benefit from more than one ‘free trial’. If we discover that more than one ‘free trial’ has been requested, you will become liable for payment of the subscription fee for all use of the Service made after the first ‘free trial’ period.
5. Licence
- Newsquawk grants a limited non-exclusive license to the Subscriber to use the Services for its own internal purposes.
- The Services and the Information are to be used solely by the Subscriber and its employees or agents in the normal course of its business only at the Site(s).
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, the Material, or the content of our Website in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Service cannot be shared or used by more than one individual without our express consent.
- When using the Service you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
6. Our Website
- The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
- We aim to have the Website and the Service available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all service descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
- We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
- You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
7. Your Information
- Where we have requested information from you to provide the Service, you agree to provide us with accurate and complete information.
- You authorise us to use, store or otherwise process your personal information in order to provide the Service to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the Service offered by such third parties may be of interest to you or where this is required by law or in order to provide the Service to you. The information will be used in accordance with our Privacy Policy.
- You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
8. Intellectual Property Rights
- The Subscriber acknowledges that as between itself and Newsquawk. Newsquawk is throughout the world the owner of the copyright and where applicable the database right in the Software and in the compilation of information contained in the Services. All intellectual property rights in information are and shall remain vested in Newsquawk or the Data Provider, as appropriate. Accordingly nothing herein contained shall be construed so as to transfer any intellectual property rights whatsoever to the Subscriber.
- The Subscriber will at the request and expense of Newsquawk do all such further acts, deeds and things, including the filing or pursuit of legal action, and execute all such further documents, deeds and instruments, both during this Agreement and thereafter, from time to time reasonably necessary for the protection and enforcement of all Newsquawk’s intellectual property rights in the Services and any information contained therein.
- The Subscriber shall not use or distribute the Services, Software or the Information in any manner except as expressly provided in this Agreement; provided, however, that this restriction shall not apply to any data which is coincidentally contained in the Services insofar as such data is collected acquired, and organised by agents or employees of, or vendors to, the Subscriber, completely independently and without reference to or use of the Services or any documentation related thereto. Upon written request the Subscriber shall disclose to Newsquawk the Subscriber’s sources of any coincidentally sourced information.
- Newsquawk warrants that:
- It owns the intellectual property in the compilation of information contained in the Services; and
- It has the right to permit the Subscriber to use the Services.
- Newsquawk will indemnify the Subscriber and keep the Subscriber fully and effectively indemnified against all loss, damage, costs, claims, and expenses arising from breach of the warranties set out in Clause 7.4 subject to the following conditions:
- The Subscriber shall promptly notify Newsquawk in writing of any breach of the said warranties of which the Subscriber becomes aware.
- The Subscriber shall not make any statement or admission which may be prejudicial to Newsquawk’s defence or settlement of any claim.
- The Subscriber, at Newsquawk’s request and expense, shall allow Newsquawk to conduct and/or settle all negotiations and litigation with any third party in connection with any breach of the said warranties.
- The Subscriber shall afford all reasonable assistance with such negotiations and/or litigation and shall be reimbursed by Newsquawk for any out of pocket expenses incurred in so doing.
- If at any time an allegation is made in respect of the Services that they infringe the intellectual property rights of any third party, Newsquawk may at its own expense modify or replace the Services so as to avoid infringement. Newsquawk shall have no liability for any claim of infringement or for breach of the said warranties where the Subscriber has refused to use modified Services supplied pursuant to this sub-clause.
- The foregoing states the entire liability of Newsquawk with respect to the breach of the said warranties and in connection with the infringement or alleged infringement of the intellectual property rights of any third party which arises as a result of the Subscriber’s use of the Services in accordance with this Agreement.
- In providing the Services, Newsquawk may make reference to product names or other names or marks which Newsquawk or its suppliers consider proprietary ("Marks") such as the identification numbers and descriptions of securities and/or investment products. The Subscriber acknowledges that such Marks and descriptions were created by the relevant parties through the expenditure of considerable work, time and money. The Subscriber agrees to protect the proprietary and copyright position of such parties both during and after the term of this Agreement.
9. Liability & Warranty
- Newsquawk does not accept any liability for the availability, timing or reliability of its transmissions; written or verbal.
- Newsquawk offers no guarantees, implied or otherwise, regarding fixed lines, internet connections, and/or their fitness for a particular use.
- Newsquawk is unable to determine what losses may arise from an error in information disseminated and, therefore, does not accept any liability for any such errors and therefore the Subscriber agrees that Newsquawk’s obligations will be limited to one month’s Charges.
- The Subscriber agrees to indemnify and keep indemnified Newsquawk from and against any third-party claims against Newsquawk arising from or related to the exhibition, dissemination or publication by the Subscriber of any matter in any way including in or founded upon the Services supplied by Newsquawk hereunder.
- The parties expressly agree that should any limitation or provision contained in Clause 10 be held to be invalid under any applicable statute or rule of law it shall to that extent be deemed omitted but if either party thereby becomes liable for loss or damage which would otherwise have been excluded such liability shall be subject to the other limitations and provision set out herein.
- The Subscriber acknowledges that the Information available from the Services may include "Evaluations" which are not reflections of the transaction prices at which any securities can be purchased or sold in the market but are mathematically derived approximations of estimated values. Nevertheless, reference may sometimes be made to Evaluations as pricing information, solely for convenience of reference. Evaluations are based upon certain market assumptions and evaluation methodologies reflected in proprietary or generally accepted algorithms and may not conform to trading prices or information available from third parties. The Subscriber further acknowledges that there may be errors or defects in the methodology used to generate the Evaluations which may cause them to be inappropriate for the use by the Subscriber in certain applications. Accordingly, the Subscriber agrees to assume all responsibility for edit checking and external verification of Evaluations, as well as their appropriateness for the use by the Subscriber regardless of any efforts made by Newsquawk and/or its suppliers in this regard. The Subscriber agrees to take and pay for the Services and the Information as made available and to hold Newsquawk and/or its suppliers completely harmless in the event that errors, defects or inappropriate Evaluations are made available.
- It is hereby agreed that except as expressly set out in this Agreement all conditions or warranties express or implied statutory or otherwise including but not limited to any concerning the quality or fitness for a particular purpose of the Services or any data included therein are hereby excluded.
10. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations caused by any circumstances beyond its reasonable control including but not limited to industrial disputes or interruption to any telecommunication network or broadcast services used to carry the Services to the Subscriber.
11. General
- We may assign, subcontract or novate any part or parts of the Service that we provide to you from time to time and any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
- We may alter or vary the Terms and Conditions at any time.
- If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
- These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
- No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
12. Linked Sites
Where there are links on our Website to third party websites these are either due to such third party providing a service to us or you or where we believe that such third party website may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.
13. Complaints
We take complaints very seriously and aim to respond to your complaints within 2 business days. All complaints should be addressed to info@newsquawk.com
14. Cancellation
We are committed to ensuring a flexible and fair cancellation process for our subscribers. If you choose to cancel your subscription during the free trial period, you will not incur any charges. However, if the subscription is not cancelled before the trial ends, you will be automatically charged for the full amount of the agreed upon service term. Should you decide to cancel after the free trial has expired, please note that you will still be responsible for the entire subscription fee and no partial refunds will be issued. Nonetheless, you will retain complete access to all services until the end of the current paid term. In order to guarantee immediate cancellation, subscribers must cancel via our self-serve portal accessible within the account page of the Newsquawk portal once logged in, or directly via https://newsquawk.chargebeeportal.com/portal/v2/. Cancellation can also be requested by emailing support@newsquawk.com. It is crucial that email requests for cancellation are sent at least 24 hours in advance of your renewal or trial expiration to ensure successful processing. It is important to note that no other email address is guaranteed to process your cancellation.
15. Company Details
Newsquawk (Newsquawk Voice Limited, Company registration number 12020774)
One Love Lane, London, EC2V 7JN, United Kingdom
Email: info@newsquawk.com
Telephone: +44 (0)20 4545 5000