1. Information about us
1.1 Our site is operated by Simon An and Associates. (“We”). Associates refers to partners, or partner programs from different websites.
2. Accessing our site
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 When using our site, you must comply with the provisions of our acceptable use policy outlined at term 3 below.
2.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. Acceptable Use Policy
3.1 Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy
3.2 You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards outlined in terms 3.8 and 3.9 below.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.3 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
3.4 We may from time to time provide interactive services on our site, including, without limitation discussion forums and blogs (“interactive services”). Where we do provide any interactive services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.5 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive services provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
3.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3.7 The following content standards in terms 3.8 and 3.9 below apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.8 Contributions must:
(a) Be accurate (where they state facts).
(b) Be genuinely held (where they state opinions).
(c) Comply with applicable law in the UK and in any country from which they are posted.
3.9 Contributions and contributors must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right or trade mark of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from us, if this is not the case.
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
(o) Post or transmit advertisements for or solicitations of business.
(p) After receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed.
(q) Harvest or otherwise collect or use information about others, including e-mail addresses, without their explicit consent.
(r) Engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes us to any liability or detriment of any type.
(s) Intentionally make false or misleading statements about investments, their price or their prospects. If you do, you may be committing a criminal offence.
(t) Post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence.
(u) Give investment advice by way of business or make financial promotions.
3.10 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) Immediate, temporary or permanent withdrawal of your right to use our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(c) Issue of a warning to you.
(d) Report offenders to their ISP.
(e) Charge offenders for the administrative costs of identifying and removing their posts at the rate of £40 per hour necessarily spent plus any external costs that we incur.
(f) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(g) Further legal action against you.
(h) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.12 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4. Intellectual property rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 Substantial copying of these pages in any form is prohibited. You must receive our written permission if you want to reproduce any content from our site in any material way, although you are free to quote a single paragraph of text without asking as long as you acknowledge the source (a clearly visible link to our website is sufficient attribution).
4.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.4 If you contribute any content to the site in the form of guest blog posts, commentary or forum discussion you own any copyright in that content. However, when you post content, you expressly grant us a perpetual, unlimited royalty free license to republish that text on our site and to redistribute/make available and/or sell that text in print or electronic form anywhere in the world as part of an edited compilation or otherwise.
4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us and/or our licensors.
5. Reliance on information posted
5.1 The information we provide does not address your individual requirements. In particular, our information does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. If we mention companies on our site, we usually do so because of some aspects of their products or services that are attractive. As a general policy we don’t vet them on customer service or investigate their solvency. Given that the impact of any information expressed on our site can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5.2 Under no circumstances does any information on this website constitute legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
6. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7. Our liability
7.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Business and Legal Services
8.1 Where We refer legal or business services to any third party service provider We do not guarantee the quality of any work produced by any such individual or organisation.
8.2 We will comply at all times with the Solicitors Code of Conduct 2007 as published and amended by the Solicitors Regulation Authority (“Code”) and in particular the provisions of Rule 9 of the Code. If we successfully match a user with a firm of solicitors and the user chooses to instruct that solicitor or firm, the firm may pay Jonathan Lea Limited a fee varying from 1 to 20% of the legal fees (ex disbursements and VAT) depending on the nature of the matter. This fee will not be charged to the end-user.
9. Information about you and your visits to our site
We process information about you in accordance with our privacy and cookies policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Transactions concluded through our site
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
11. Uploading and Adding material to our site
11.1 Whenever you make use of a feature that allows you to upload or add material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (see term 3 above). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
11.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.3 Please note that any posting of information in these forums is the opinion of the person posting only and in no way reflects our opinions or attitudes. Although we believe we have an amazing forum with a huge wealth of information of benefit to many users, you must remember that we operate an open forum and sometimes messages are posted that are misleading, deceptive, or downright wrong. You should not therefore rely on information being accurate or complete. If you do, you do so at your own risk.
11.4 We do not undertake or assume any duty to monitor our site for inappropriate or unlawful content, so we do rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we will review specific postings. If you feel you have been threatened or damaged in our forums or via our comms systems or if you believe any infringement of your rights may have occurred through our site please contact us at firstname.lastname@example.org
11.5 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
11.6 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy at term 3 above.
12. Viruses, hacking and other offences
12.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
12.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to our site
13.1 You are welcome to link to any of our pages, but do not do so in a way that is likely to give your users the mistaken impression that our content is yours or that our site endorses or is affiliated with yours. You must link to our pages in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
13.4 If you wish to make any use of material on our site other than that set out above, please email your request to email@example.com
14. Links from our site
14.1 Our site does include details on, or links through to, information provided by other websites. We don’t control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
14.2 When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them!
14.3 Some of the links included on our site are affiliated links. These are links which take you directly or indirectly to a product provider and which may result in us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product from them. Our independence is paramount to us and our selection of links is not influenced by any fee/commission received by financial providers.
You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our communication forums or via our comms systems, any actions you take which disrupt access to and/or the functioning of our site or any breach by you of your obligations under these Terms.
We may assign this agreement to any third party without notice to you. You may not assign this agreement to any one else.
17. Third Parties
You agree that this agreement is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
The invalidity, illegality or unenforceability of any provision of this agreement shall not affect or impact the continuation in force of the remainder of this agreement.
19. No Waiver
If you or We fail to exercise any right or remedy under this agreement, that failure won’t operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
20. Jurisdiction and applicable law
20.1 The European Union courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
22. We do not collect any kind of Cookies.
23. Amazon Services
Asterov.com, is a participant in the Amazon Services Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate I earn from qualifying purchases.
24. Your questions/suggestions/concerns/etc.
If you have any questions, suggestions, concerns, etc., about materials, which is on our site, please write us at the following e-mail address: firstname.lastname@example.org
© 2019 – Simon An. and Associates