Terms of Use :
Kalkine Media Limited, Company No. 12643132 (“Kalkine Media”, “us” or “we”) owns and operates the website https://kalkinemedia.com/nl (“Website”) and our related mobile or software application (“App”). Kalkine Media is not authorized or regulated by the Financial Conduct Authority and does not offer any regulated services.
Access to and use of this Website, our App and the products and services available through our Website and App (collectively “Services”) is subject to the following terms and conditions (“Terms of Use”). By using the Services, you are agreeing to the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Linked sites
Our Website or App may contain links to other websites (Linked Sites), which are not operated by Kalkine Media. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use contained within each such site.
Privacy Policy
Our Privacy Policy, which sets out how we will use your information, is available here. Information about how you may access or correct your personal information or make a privacy-related complaint as detailed under the “Complaints” section in our Privacy Policy.
By continuing to use the Services as set out below, you agree to these Terms of Use as they apply to our Services and you will enter into an agreement with us:
- to access the Services.
- to use any digital content or application published by Kalkine Media.
- to register an account with Kalkine Media to access the content; and
acknowledging the collection, use and sharing of personal information in accordance with the terms of our Privacy Policy.
Opening your account
To be eligible to open an account and use our Services, you must: (a) be an individual who is at least 18 years old; (b) be capable of entering into a legally binding contract; (c) have a valid email address, phone number and home address; and (d) have a valid debit or credit card or UK bank account.
In opening an account, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.
You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your email address and password. In the absence of notice from you that the confidentiality of your username and password has been compromised, Kalkine Media will be entitled to construe all activity on the Services using that Password as being for and on behalf of you and you agree to pay all fees so incurred and to take responsibility for all actions of persons using your Password. We are not responsible for any unauthorized access and use of your account unless we have failed to take reasonable steps to prevent such access or use.
Closing Your Account: If you wish to no longer use our Services, you may request to close your account with us at any time by contacting our customer services department.
Prohibitions
You must not misuse our Website or App. You must not:
- commit or encourage a criminal offence.
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene.
- hack into any aspect of the Services; corrupt data; or cause annoyance to other users.
- infringe upon the rights of any other person.
- send any unsolicited advertising or promotional material, commonly referred to as “spam” including financial promotions under section 21 of the Financial Services and Markets Act 2000; or
- attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Website.
Breaching this provision may constitute a criminal offence and Kalkine Media may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
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, mobile device, mobile software, data, or other proprietary material due to your use of our Website or App or due to your downloading of any material posted on them, or on any Linked Sites.
Content you submit to our Website or App
Content: By uploading, transmitting, posting, or otherwise making available any content via the Website or App, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, sublicence, edit and exploit the content in any form and for any purpose.
- warrant that you have the right to grant the licence above.
- warrant that the content has not been published previously anywhere in the world or submitted to a third party for publication.
- warrant that the content does not breach intellectual property rights or any other rights of any third party and does not contain defamatory statements.
- irrevocably consent to us taking any action in respect of the content that you submit that may otherwise infringe your moral rights (as defined by the Copyright, Designs and Patents Act 1988) and you waive all rights to make any claim against us which you may have in respect of the content you submit.
We reserve the right to review, modify, reformat, reject, or remove any content which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, has the potential to harm, endanger or violate the rights of any person.
Kalkine Media is not responsible for the content uploaded by users of our Website or App, its accuracy, or its conformity to applicable laws. You will indemnify and hold Kalkine Media harmless against all third-party claims, demands and actions brought against Kalkine Media which arises from or relates to the content submitted by you.
Intellectual property, software, and content
The intellectual property rights in all software and content made available to you on or through our Website and App remain the property of Kalkine Media or its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Kalkine Media operates. All such rights are reserved by Kalkine Media and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Website or App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine Media.
All content other than user content, including all features, software, graphics, design, code, compilation of user content, aggregate reviews and ratings, and all other components of the Services remain the property of Kalkine Media or its licensors. The Services are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms, Kalkine Media exclusively owns all right, title and interest in and to the Website, App, and the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of Kalkine Media used herein are trademarks or registered trademarks of Kalkine Media and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kalkine Media. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Copyright
All material published on our Services is owned or provided under licence by Kalkine and is protected by copyright and other intellectual property laws. Except as expressly provided in these Terms of Use, access to the Services does not grant users any form of intellectual property right or ownership over the contents of the Services.
You are granted only a limited, non-exclusive, revocable license to access the Services and to use this information solely for your personal, non-commercial purposes. For avoidance of doubt, you may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate this information or use it in conjunction with creating, promoting, trading, or marketing any investment product without the prior, express written consent of Kalkine Media.
Information
The guidance on the Website and App have been prepared for informational purposes only and are not intended to be used as a complete source of information on any particular company. The information provided is guidance about the different types of investments that are available and sets out general principles to consider before making investment decisions. Kalkine Media does not guarantee the content, accuracy, or use of the content on the Website or the App. No information, whether oral or written, obtained by you from Kalkine Media or through or from the Service shall create any warranty not expressly stated.
Kalkine Media shall NOT be held liable for any investment or trading losses you may incur by using the information set out in our publications, market updates, news alerts and corporate profiles. Kalkine Media’s guidance on the Website or App does not in any way endorse or recommend individuals, products, or services. You should discuss your portfolios and the risk tolerance level appropriate for your personal financial situation with a professional authorized financial planner and adviser. Our publications are guidance only NOT a solicitation or recommendation to buy, sell or hold the stock of the company (or companies) or engage in any investment activity under discussion. We are neither authorized nor qualified to provide regulated investment advice.
Our Liability To You
Nothing in these Terms of Use shall affect Kalkine Media’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by law, all warranties, and conditions whether express, implied, or statutory with respect to the provision of our Services are excluded.
Kalkine Media makes no warranty, guarantee or representation about:
- the accuracy, reliability, completeness, or aptness of any information provided on or accessed via the Services.
- the merchantability or fitness for a particular purpose of any of the products or Services referred to or accessed via the Website, the App, or any Linked Website.
- the security of any information you provide to Kalkine Media; or
- the Website, the App or any Linked Sites being free from viruses, the Services operating uninterrupted or error free and any errors or defects being corrected.
Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services resupplied.
Except for any legal responsibility that we cannot exclude or limit in law, (such as for death or personal injury) Kalkine Media, its directors, officers, employees, consultants, agents, and affiliates are not liable for any loss or damage which you may suffer in connection with or arising out of or related to:
- the provision (or non-provision as the case may be) of any of our Services.
- your access to, or use or performance of, our Services, Website, the App or Linked Sites; or
- your access to, or use or reliance on information provided in or accessed via our Services, Website, App or Linked Sites,
in excess of the amount, if any, paid by you to us for use of our Services.
Kalkine Media, its directors, officers, employees, consultants, agents, and affiliates) are not responsible for any loss or damage that is not foreseeable damages for loss of business profits, business interruption, loss of business information), that may arise from the use of (or failure to use) or reliance on the Services.
The paragraphs above set out our liability when providing our Services for domestic/personal use. In the event that you use our Services for commercial or business purposes then, in addition to those paragraphs:
- our aggregate liability to you under these Terms of Use shall not exceed fifty pounds (£50.00); and
- we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.
Your Liability To Us
You will be responsible to us in respect of any loss, cost, damage, or expense we suffer as a result of:
- your breach of these Terms and Conditions.
- your access to, or use or performance of our Services or Website in breach of these Terms and Conditions; or
- reliance by you on any information provided on or accessed via our Services or the Website contrary to these Terms and Conditions.
Waiver:
- If Kalkine Media fails to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy.
- If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
Advertising/Sponsorship and Guest Post
Parts of the Website and App contain advertising and material provided by sponsors. Advertisers and sponsors are solely responsible for ensuring that material submitted by them for inclusion on the Website or App is compliant with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, any information which is defamatory, obscene, threatening, or untrue. We shall not be responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
Opinions and other statements expressed by users and third parties (e.g., experts, bloggers, and guest posters) are theirs alone and are not opinions of Kalkine Media. Content created by third parties is the sole responsibility of the third parties and the content’s accuracy and completeness is not endorsed by Kalkine Media or guaranteed.
Kalkine Media is at times compensated by clientele/companies for media coverage, news submissions services, digital participation, and advertising fees. We make all attempts to be transparent in our disclaimers for the readers on our website and in the articles we publish. Opinions and other statements expressed by third parties (e.g., experts, bloggers, and guest posters) are guidance only and do NOT in any way endorse or recommend individuals, investment products or services.
Quality of Service
To use your Kalkine Media membership, you require a computer with access to the internet.
The quality and availability of Kalkine Media Services may sometimes be affected or disrupted by factors outside of our reasonable control. Such factors can include interruptions to internet services suffered by Kalkine Media, you or other communications carriage service providers through which our Services are hosted, accessed, or administered, lack of capacity and faults in other telecommunications networks to which we are connected.
We may change or withdraw some or part of the Kalkine Media Services from time to time. This may be because of changing laws, government policy, technologies, obsolescence, new or different product features or functionality, changing content providers and the need to remove, replace or modify content.
Termination and/or Suspension
Please note that if you breach these Terms of Use, we may take steps that could include:
- contacting you to notify you.
- immediately suspending your access to your account.
- taking legal action against you; or
- disclosing information to law enforcement or regulatory authorities as necessary for us to comply with our statutory or regulatory obligations.
We may also immediately suspend or end your access to your account, and if necessary, terminate these Terms of Use, if we reasonably believe that you have infringed any intellectual property in connection with the Services, there is a security risk to our network or systems, or you are in breach of another agreement with us.
Assignment and Transfer
These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party without our prior written consent. We may not agree to a proposed transfer without reasonable evidence that our rights and obligations under these Terms of Use will not be affected. You agree that we may transfer our rights and obligations under these Terms of Use to another organization. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.
Third-party rights
Unless expressly stated otherwise, nobody else has any rights under these Terms of Use. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these Terms of Use.
Waiver
If we fail to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy.
If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
Severability
If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms of Use in that jurisdiction. This will not affect the remaining provisions.
Applicable Laws
These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and any disputes (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use will be dealt with by the English Courts.
Our Website and App are directed at the United Kingdom (UK) audience, yet it may be accessible from outside of the UK. We do not warrant nor make any representation that our Website and App complies with the laws (including intellectual property laws) of any country outside of UK. If you access our Website or App from outside the UK, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or App.
Changes to Terms of Use
We may modify, update, or otherwise alter the Terms of Use at any time. If we do, the new Terms of Use will be posted on our Website. We will notify you by email of the new terms if you have a Kalkine account and with reasonable notice, except where we reasonably believe that the change is not to your disadvantage.
Examples of reasons why we would need to make changes to these Terms of Use include:
- to reflect updates to the functionality, security, options of the Services.
- to reflect reasonable changes to the way we run our business because of a change in the financial services industries, in technology, or in the systems we use; or
- to reflect legal or regulatory requirements that apply to us.
Your subsequent or continued use of the Website/ App and/or receipt of our emails, will constitute your acceptance of any changes. If you do not accept the updated Terms of Use you may not be permitted to continue to use our Services. As you are bound by these Terms of Use, we recommend that you periodically refer to them.
If you have any queries relating to these Terms of Use or wish to end your agreement to these Terms of Use because of one of the changes we make, please contact our customer service department.
Please email: [email protected]
Phone: +44 2030263146
You can also write to us at: Kalkine Media, 63, St Mary Axe, London EC3A 8AA.
Last Updated: 3/22/2021