Terms of use


These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, https://www.africa-energy.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use. 

These Terms of Use are effective from 29 April 2024.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

Contents

  1. Our details
  2. Your responsibility for others who access our website using your device or internet connection
  3. Other documents governing your use of our website
  4. Availability of our website
  5. Changes we may make to these Terms of Use and other documentation
  6. Your account details
  7. Ownership of material on our website
  8. Conditions of sale, including subscriptions
  9. Subscription fees and payments
  10. African Energy Live Data Service Provision
  11. Information and content on our website provided on non-reliance basis
  12. Permitted use of materials on our website
  13. Prohibited uses of our website
  14. Viruses and other harmful content
  15. Links to other websites
  16. Disclaimers
  17. Governing law and jurisdiction

 


1.    Our details

1.1    Cross-border Information (London) Ltd (we, our and us) operates the website.

1.2    Cross-border Information (London) Ltd is a private limited company registered in England and Wales (company number 07655147). Our registered address is 4 Bank Buildings, Station Road, Hastings, East Sussex, England, TN34 1NG. Our VAT registration number is GB114831339.

1.3    Our contact telephone number is 01424 721667 and our contact email address is [email protected].

2.    Your responsibility for others who access our website using your device or internet connection

You must ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

3.    Other documents governing your use of our website

3.1    In addition to these Terms of Use, your use of our website is also governed by the following documents:

(a)    Our privacy policy, which is available at https://www.africa-energy.com/privacy-policy. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

(b)    Our cookies policy, which is available at https://www.africa-energy.com/cookies-policy. Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

3.2    By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.

3.3    If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your personal information in accordance with our privacy policy, or if you do not agree to our use of cookies or other similar information-gathering technologies in accordance with our cookies policy, you must not use our website.

4.    Availability of our website

4.1    We make no representations and provide no warranties that:

(a)    the website will be made available at any specific time or from any specific geographical location;

(b)    your access to the website will be continuous or uninterrupted; or

(c)    the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

4.2    We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

4.3    Our website is provided for users in the United Kingdom only. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.

5.    Changes we may make to these Terms of Use and other documentation

5.1    We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

(a)    to reflect any changes in the way we carry out our business;

(b)    to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website;

(c)    to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

(d)    to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

(e)    to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

5.2    If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on our website with a new effective date stated at the beginning of them.

5.3    By continuing to access our website after we have updated our Terms of Use, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your personal information and our use of cookies or similar information-gathering technologies.

5.4    You must check these Terms of Use and all other documentation referred to in them each time you access our website in order to ensure that you are aware of the terms that apply to you at that time. 

5.5    The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and may be referred to as that document’s “effective date”.

6.    Your account details

6.1    If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

6.2    Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

6.3    You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

6.4    We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

6.5    If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at [email protected].

6.6   We will notify registered users in the event that we receive information that indicates that our websites have experienced a cybersecurity incident that may have led to user data being compromised.

7.    Ownership of material on our website

7.1 African Energy, African Energy Live Data, Africa Investment Exchange (AIX), AIX: Energy in Transition,  AIX: Nairobi and AIX: Power & Renewables, African Energy Consultancy, AfricaHardball and the Energy Prospects & Risk Report series are the exclusive property of Cross-border Information (London) Ltd (CbI). All the written material, data and maps, graphics and other content is CbI’s exclusive property and is protected under UK and international copyright and intellectual property law.

7.2   All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

7.3   ‘AfricaHardball’ is a trade mark of Cross-border Information (London) Ltd.

7.4    The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

8. Conditions of sale, including subscriptions

8.1    Subscriptions to African Energy and African Energy Live Data are offered as:

  • Small entity licence: Small entity subscribers are those based in a single location, either individuals or entities with up to nine personnel.
  •  Multi-site licence: Multi-site subscribers are those with staff located at two to four different locations. The licence only covers staff at the purchasing entity i.e. it does not include separately managed affiliates, subsidiary businesses, or parent organisations.
  • Enterprise licence: Enterprise subscribers are those with staff across more than four sites. This licence also applies to organisations with 21 or more users.
  • University library licence: University library subscribers are exclusively those at university and teaching institutions. The licence does not include commercial or other libraries. Access is for accredited staff and students and is for academic use only. It does not extend to affiliated entities, departments or individuals involved in commercial activities or consultancy.

8.2. Once a subscription level has been agreed, it remains in place for the agreed term of the subscription. The subscription level on renewal will be defined by the number and distribution of users at the time of renewal. 
8.3 Additional users must be added by contacting  Cross-border Information at [email protected]
8.4 Log-in details are private and non-transferrable. Users at subscribing entities commit to keeping log-in and password details secret and not to share them.


9. Subscription fees and payments

9.1.  Fees. Except in the case of complimentary access as granted by CbI, the Subscriber shall pay CbI the fee for the first annual period on the billing start date. Unless otherwise expressly defined on the subscription order form and/or invoice, or renewal form, the fee for any subsequent annual period shall be due on the anniversary of the billing start date or the access start date.

  • Subscription fees are non-refundable except under conditions specified in these terms of use.
  • Late Payments. If a Subscriber fails to pay the fees as set out in these terms, CbI shall be entitled to interest from the day on which the fees are due at the rate of 1.5% month, accruing daily.
  • Taxes. In addition to the fees, the Subscriber will pay CbI or the relevant taxing authority, as appropriate, any applicable sales, use, goods and services, value added or other taxes, including withholding taxes. In all cases, the amounts due will be paid by the Subscriber in full without any right of set-off or deduction and the amount received by CbI shall not be less than the aggregate Fees.

9.2 Subscription term

  • Term. The conditions of these terms of use become applicable either from when the Subscriber pays the fees (Billing Start Date), or when the Subscriber is granted access to the website and its content (Access Start Date), whichever is earlier.
  • CbI will provide access to the services immediately on receipt of payment, or from when the subscription order is confirmed.
  • The subscription term shall:
    • run from the access start date for a period of 12 months or any other period agreed in the subscription agreement
    • automatically renew for subsequent annual periods upon the expiration of the current term, subject to the Subscriber’s right to terminate under Y.3.

 9.3. Termination.

  • A subscription licence may terminated or suspended:
    1. by the subscriber with at least thirty (30)-day’s notice before the subscription renewal date
    2. by the subscriber if CbI commits a material breach of these terms of use
    3. by CbI if the subscriber commits a material breach of these terms of use
    4. by CbI with immediate effect if the Subscriber does not pay any fees within 14 days after notice that such fees are overdue.
    5. by either party on written notice with immediate effect if a receiver is appointed over any assets of the other party or the other party makes any arrangement with its creditors or becomes subject to an administration order or goes into liquidation or anything equivalent to the foregoing or the other party ceases to carry on business.
  • If the subscriber terminates under sub-clause 2, CbI undertakes to repay the Subscriber the pro rata amount of the unused period of the subscription.
  • If a subscription is suspended for non-payment, any resumption of the subscription will continue from the original access start date.

 

10. African Energy Live Data Service Provision

10.1.    CbI agrees to provide the Subscriber with:

  • access to its proprietary Database, which contains information as set out in the Data Schedule, including but not necessarily confined to:
  • an interactive projects map using GIS data
  • detailed filters for searching for both projects and organisations
  • individual projects pages with details of timelines, project backgrounds, equity holders and financiers
  • a Data Tool where aggregated data can be compared in tables and downloaded

10.1a.    CbI undertakes to ensure that the Database is updated regularly and in a timely fashion with new data received and validated by CbI from a range of sources.

10.1b.    CbI agrees to provide the Subscriber with technical support around the operation and accessibility of the Database, and, on request, with the transfer of data held therein to spreadsheet form.
10.1c.    The Subscriber is entitled to make reasonable requests for clarification and validation of information defined as “included for every project and entity” in the attached Data Schedule, including on projects not listed in African Energy Live Data, which potentially meet the criteria for inclusion.  CbI guarantees to respond to such requests within five working days. However, it does not guarantee that additional data or project information will be provided in this time frame, or at all.

10.2    Service Level Guarantee

10.2a.    CbI will use its reasonable endeavours to ensure that the Database will be available 100% of the time. If CbI determines that the Database and/or newsletter is unavailable, then CbI will credit the Subscriber with time appropriate to the length of service outage, as shown below. This will be added to the expiry date of the current subscription.

10.2b.    Each service outage must continue for more than the minimum problem duration of two hours to qualify for a credit. Once this threshold has been passed, then an initial credit period of one day will be included in the calculations for credit.

10.2c    In all cases, the maximum credit available in respect of all problems is 45 days per service quarter. In the event of there being more than ten problems in any service quarter, or a single unresolved problem that cannot be resolved within seven days, the Subscriber shall have the right to terminate this agreement.

10.2d.    Any credit given to the Subscriber in respect of this guarantee is granted exclusively against the current subscription term and is not available as a refund or credit against fees due under any other agreement with CbI.

10.3    Access and Subscription Terms

10.3a.    Unless otherwise stated at the time of purchase, access to the Database shall cover up to five Permitted Users.

10.3b    The subscription shall be valid for a period of six months or one calendar year (depending on the product chosen) starting from the date of payment.

10.3c.    Except as otherwise stated in this Agreement, there is no provision for cancellation or refund of the subscription during the subscription period.

10.3d.    The Subscriber shall be notified of the forthcoming expiry of the subscription period three months before the expiry date. The proposed renewal fee will be negotiated at that time.

10.3e.    The Subscriber shall be issued with one Password per Permitted User, and each such Password may only be used by one Permitted User and shall not be shared or used by more than one individual, but may be re-issued from time to time to new Permitted Users upon prior notification to and acceptance by CbI.

10.4.    Confidentiality and Limitations on Use

10.4a.    The Database will provide information for the sole use of the Subscriber and its Permitted Users. CbI will not assume any liability for any loss that may result from the reliance by any party upon any information or opinion it provides, and the Subscriber agrees to indemnify CbI against any damages related to the use of the Database.

10.4b    Should the Subscriber use any part of the Database or the information therein to form part of a presentation or document for external use, such data or information will acknowledge African Energy Live Data and/or African Energy as its source.

9.4c.    Except as permitted by this Agreement, the Database may not be decompiled, reverse engineered, disassembled, transferred, distributed, resold, sublicensed, or used to create any derivative works.

9.4d.    The Subscriber may not use any network monitoring or discovery software to determine the Database’s architecture, or extract information about usage or individual identities of users.

10.4e.    The Subscriber may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Database, or related services.

10.4f.    The Subscriber may not:

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any non-End-user third party the Database, its information or any derived content (including charts)
  • in any way reproduce, store in a retrieval system, redistribute, or transmit the Information, Data or any derived content in any form or by any means electronic, mechanical or otherwise without the express prior written consent of CbI;
  •  modify or make derivative works based upon the Database or related services;  “frame” or “mirror” any content on any other server or wireless or Internet-based device;
  • develop applications for internal use or install additional applications that are designed to run on or be used in conjunction with the Services.

10.5. Data Schedule

10.5a    The full African Energy Live Data subscription entitles the Subscriber to access all African Energy Live Data information including full project level data and aggregated data.

10.5b.    The country level subscription entitles the Subscriber to access all African Energy Live Data information on the country or countries subscribed to. This includes full project level data and aggregated data for the relevant country or countries.

10.5c.    While CbI will use its reasonable efforts to ensure that the Data is complete, CbI does not warrant that African Energy Live Data includes a complete or accurate archive of every existing or pipeline power project in each country. CbI does not imply any negative inferences about projects, entities or individuals referred to within the Data.

10.5d    African Energy Live Data endeavours to include all currently installed capacity connected to the grid above 3MW.

10.5e.    The majority of active pipeline projects are based on public domain information. Active pipeline projects are defined as those for which there is evidence of continued support and which have a reasonable likelihood of achieving bankable status.

10.5f    Live updating means that project entries will be updated and edited within two weeks of new data entering the public domain.

10.5g    The Subscriber has the right to make reasonable requests regarding the sourcing, validity and timeliness of Project Data. CbI will respond to queries within one week.

10.6    Project Data

  •    Name: In the interests of consistency, African Energy Live Data names projects according to its own convention: Location/project sponsor, fuel, number
  •    Region: identifies the region of Africa where the project is located, or in the case of entities the region of Africa or the world. Included for every project and entity.
  •     Country: identifies the country where the project or entity is located
  •     Province: the province, district or governorate within the country. Included for every project.
  •     Locality: town, village, local district or zone. Included for every project.
  •     GIS: When the data is obtainable, plants are identified with an exact GIS location. A note identifies projects whose GIS location is approximate.
  •     Status: Operating, Construction, Planned, Rehabilitation, Abandoned, Halted. Included for every project.
  •     Installed capacity: the nameplate installed capacity of the plant or project, either as a single figure or a range. Included for every project. Where figures for actual or available capacity can be obtained, they are included in the ‘Background’ section.
  •     Fuel: The primary fuel or source of energy used by the plant or project. In the case of hybrid or dual fuel plants, more than one fuel is listed. Included for every project.
  •     Technology: Generic category of technology used or intended to be used. Listed when obtainable. Specific details such as make, model or type of turbine are listed in the ‘Background’ section when available.
  •     Connection type: On-grid, off-grid, embedded.
  •     Ownership structure: IPP, PPP, State-owned. Included for every project.
  •     Commercial operations date: Date that the plant started or is scheduled to start operation. Individual units may have different start dates. This is recorded when obtainable. Future commissioning dates are based on official government or project sponsor estimates and are subject to change.
  •     Date operations ended: Applies to plants or units which have been decommissioned. Included when obtainable.
  •     Date start construction: The date that actual construction work started. Included when obtainable.
  •     Substation: The main substation to which the plant is or will be connected to. Included when obtainable.
  •     Background: General and historical data on the plant or project.
  •     Financial summary: Data in this section is included when obtainable.
  •     Total cost: Stated total cost of plant or project sourced from owners, sponsors or financiers.
  •     Procurement method: Applies only to projects which are part of discrete and limited government-led procurement scheme.
  •     PPA duration: Included when obtainable.
  •     Date of PPA signing: Included when obtainable.
  •     Date of financial close: Included when obtainable.
  •     Equity Holders: Data in this section is included when obtainable.
  •     Financing: Data in this section is included when obtainable.

 

11.    Information and content on our website provided on non-reliance basis

11.1    Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.

11.2    The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.

11.3    We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

12.    Permitted use of materials on our website

12.1 All content published by Cross-border Information (London) Ltd (CbI) is protected under UK copyright law the Berne Convention, and other international intellectual property law. The access provided to subscribers under our licences does not permit any: copying of material; distribution of copies, whether free of charge or for sale; renting or lending copies; other public reproduction of copies; making adaptation of material; or putting it on the internet in any form

Subscribers and users are not permitted to: reproduce, duplicate, copy or resell any part of or content of our websites, or published material; extract or transfer all or part of the published material into any other medium or database, public or private by any means; to use any robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from our websites.

Access to CbI’s copyright material does not imply any right to use that material for the development of artificial intelligence platforms of any description.

13.    Prohibited uses of our website

13.1    You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

13.2    You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

(a)    for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b)    for any fraudulent purposes whatsoever;

(c)    to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

(d)    to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e)    to communicate with, harm or attempt to harm children in any way; or

(f)    in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

13.3    You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:

(a)    under the age of 18; or 

(b)    if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

13.4    You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.

13.5    If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information on the basis of Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

14.    Viruses and other harmful content

14.1    We do not guarantee that our website does not contain viruses or other malicious software.

14.2    We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.

14.3    You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

14.4    You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

14.5    You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.

14.6    You must not attempt to perform any denial of service type attack on our website.

14.7    You must not perform any action which would contravene the Computer Misuse Act 1990.

14.8    We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

15.    Links to other websites

15.1    Links to third party content or websites may appear on our website from time to time.  We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.

15.2    Any third-party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third-party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

16.    Disclaimers

16.1    the website is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:

(a)    the service;

(b)    the website content;

(c)    user content; or

(d)    security associated with the transmission of information to the website.

In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

16.2.    we do not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful.

16.3. Use of CbI’s websites and content is entirely at Subscribers’ risk and Subscribers assume full responsibility for all use and reliance upon such use. 

16.4.  by accessing or using the website Subscribers represent and warrant that their activities are lawful in every jurisdiction where they access or use the service.

16.5    CbI does not endorse content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.

16.6 Data and information is provided to CbI by its staff and network of correspondents through extensive surveys of sources and published with the intention of being accurate.  CbI cannot insure against or be held responsible for inaccuracies and assumes no liability for any loss whatsoever arising from use of such data.

16.7 Neither the information provided by CbI nor any opinion expressed in any of CbI’s products is intended as an offer or solicitation with respect to the purchase or sale of any investment or as personalised investment advice.  The information or any opinion expressed is not in any way legal advice or counsel and is not the opinion of CbI or any of its directors or employees. Information contained in CbI’s products cannot be used in any legal action, civil or criminal, without written confirmation of CbI.

17.    Governing law and jurisdiction

17.1    These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

17.2    The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.