Terms & Conditions of Use

Last Updated: 06/02/13

These Subscriber Terms and Conditions (these “Terms”) govern your use of www.sarkargm.com, any of our other websites that link to these Terms (the “Sites”), and any other content which is sent to you by us via email (the “Services”). The Services are published by Sarkar G M LLP, a limited liability partnership (“we”, “our” or “us”). We are a limited liability partnership registered in England and Wales under company number OC380861 and have our registered office at No 2, 15 Lyndhurst Gardens, London NW3 5NT. Our VAT number is 151902725.

By using any of our Services, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services.

1. Modification of Terms
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.
Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.

2. Right to Use Services
Our Services include free content (the “Free Service”) and premium content which you pay for through a subscription (the “Paid Service”).

Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a user ID and password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL TREAT YOUR USER ID AND PASSWORD AS CONFIDENTIAL AND NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites.

You must be 18 or over to register for the Services and to use the Sites. All the information that you submit when you register to use the Sites must be truthful and accurate and kept up to date. You must provide a valid email address. You must not use the Sites or the Services if you are prevented from doing so by any law, court order or regulation which may apply within the jurisdiction from which you are accessing the Sites and/or receiving the Services.

We have the right to disable any user ID or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

3. Fees and Payments
Subscription fees apply for receiving/gaining access to the Paid Services. A full list of fees is available here. You can subscribe on a 3 (three) or 6 (six) monthly basis. By submitting your payment and subscription details you are making an offer to us to purchase our Paid Service in accordance with these Terms. A contract will be formed once we have verified your details, received payment in full, and confirmed your access to the Paid Service by e-mail. We reserve the right to reject any offer at our sole discretion. We will send you notice at least 10 days before the end of the subscription period that your subscription is due to be renewed. If you do not unsubscribe from our Paid Services at least 7 days before the end of the subscription period, at the end of the subscription period your subscription will be automatically renewed and we will charge your authorised payment instrument with the applicable fee on the renewal date. If you wish to unsubscribe from our Paid Service you will be entitled to a refund in accordance with section 6(b) of these Terms.
We reserve the right to change the amount and/or time for payment of our subscription fees and/or time for payment of our subscription fees and/or any other fees and charges payable for the Paid Service upon thirty (30) days’ written notice to you which will be published on the subscription section of our Sites from time to time and/or specified in an email to you at the email address which you used to register your account. If you do not accept such change, you shall be entitled to terminate your subscription upon twenty-one (21) days’ notice to us by email to webmaster@sarkargm.com within fourteen (14) days of such notice of change being posted on our Sites.

We also reserve the right to designate some or all of the Free Services to be Paid Services following a thirty (30) day notice posted at subscription section on our Sites. In this event, fees and charges in respect of such Services will be made available on our Sites and registration for such Services will be required before you are able to access such Services after the date specified in the notice.

4. Important Disclaimers Related to our Services

a. Accuracy of Information Cannot be Guaranteed
Our Services include investment and market information made available through publications such as Sarkar Global Macro, a newsletter. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.

b. Content Not to be Construed as Personal Investment Advice
The material published as part of the Services has been prepared for informational purposes only and not for trading purposes and does not constitute investment advice. We have had no regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute specific or particular investment advice and is not designed to meet your personal financial situation. The material published as part of the Services and on the Sites is not to be construed as any of: (i) an offer, solicitation, opinion or recommendation by us to buy or sell any security, financial product or instrument; (ii) legal, tax, accounting or investment advice or services regarding the profitability or suitability of any security investment; or (iii) an offer, solicitation, opinion or recommendation to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation, opinion, recommendation or trading strategy would be illegal.

c. No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended
The fact that we have made information available to you through the Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment, investment strategy or approach to investment generally or specifically described in the Services is suitable or appropriate for you. You should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to an investment, market or investment strategy should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.

d. Service Availability
The Sites, and any Services published thereon, may not be accessible from time to time, due to matters beyond our control, such matters to include interruptions of service by telecommunication and internet service providers. We therefore cannot guarantee uninterrupted access to the Sites, and Services contained thereon, at all times.
For the avoidance of doubt it is your responsibility to procure a working internet connection to access the Sites and/or receive/access the Services.

In respect Services provided by e-mail, we cannot be responsible for emails that do not reach you owing to your breach of these Terms, such as a failure by you to provide a valid email address in accordance with section 2 (Right to Use the Services) or a failure by you to maintain a working internet connection.

If you are not receiving the emails that form a part of the Services, in the first instance you should check your firewall, junk folder and internet security settings. If you cannot locate emails sent by us after you have conducted those checks you should contact our customer services team at webmaster@sarkargm.com.

e. Viruses
We cannot guarantee that the Services or Sites are free from errors or viruses, worms or “Trojan Horses” or any other harmful, evasive or corrupted files and we will not held liable for any damage that you may suffer as a result of such destructive features. You should ensure that you use up to date anti-virus software at all times when accessing the Sites, Services and any emails or other deliverables provided to you.

f. Advertising and Linked Websites.
The Sites and/or Services may contain, as a convenience to you, links and other information submitted by third parties over whom we have no control or responsibility, as well as translations thereof that we may arrange. We have no obligation to monitor, control or restrict third party websites accessible via links on the Sites and/or Services. These third party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.

5. Our Proprietary Rights
The Services and the content distributed through the Services, as well as all copyright, trademark and other rights therein, is the property of Sarkar G M LLP. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available through the Services. No portion of any publication made available through our Services may be extracted, summarized or reproduced without permission of Sarkar G M LLP. Nothing contained herein shall be construed as conferring any licence or right under any of our copyrights, trademarks or other rights. Unauthorized use, reproduction or rebroadcast of any content of our Services to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the content or use of the content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

6. Termination of Your Subscription
We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services:

a. Free Service Publications
You may terminate receipt of any of our Free Service publications at any time by sending us a request to remove yourself from the relevant distribution list. Every email notification you receive will include a link for you to remove yourself from the distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by clicking that link or sending an email request webmaster@sarkargm.com.

b. Paid Service Publications
Our Paid Service publications generally come with either a limited-time money back guarantee or allow you to recover a portion of your purchase price. The term of the guarantee varies with each offer, and it is your responsibility to understand and comply with the offer terms prior to subscribing. If for any reason during your trial period, you are not satisfied with such Paid Service publications, you may cancel your subscription by contacting us within such trial period and you will either receive a full refund for your subscription or a partial refund of your purchase price depending on the terms of the offer. After your trial period, you may still cancel your subscription and you will receive a refund, the amount of which will depend upon the terms set out in the offer. To cancel your subscription you must contact us at the address specified in section 18 of these Terms. The termination of your subscription will take effect within 7 days of us receiving your request. You will be notified by email when your subscription has been successfully terminated. You will continue to pay your subscription fee up to that date. Any refund payable to you will be paid to you within 30 days from the date on which your subscription terminates.

c. Our Right to Terminate your Subscription.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion upon notice in writing to you which may be by email to your email address which you used to register your account. If we do so, we will promptly refund to you a pro-rated refund of the amount of the subscription payments you previously paid which relate to the remaining subscription period provided that you are not in breach of these Terms. If your subscription is terminated by us as a result of your breach of these Terms, no refund of subscription payment will be made. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.

8. International Use
Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside of the United Kingdom. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.

9. Data Protection
We take privacy and the protection of your personal data very seriously. Our current privacy policy is attached here (“Privacy Policy”). This Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

10. Disclaimer of Warranties
We shall use reasonable skill and care in providing the Paid Service. Save for such obligation, the Services and any content distributed through the Services is provided “as is” without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.

Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.

11. Limitation of Liability
If you are a subscriber to our Paid Service, then if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. Our maximum liability under these Terms, whether such liability arises in contract, tort (including, without limitation, negligence) or otherwise, is limited in aggregate to the value of your paid subscription in the twelve month period preceding any claim.

If you are not a subscriber to our Paid Services, we accept no liability for any direct, indirect or consequential loss or damage incurred by you in connection with our Sites or Services or in connection with the use, inability to use, or results of the use of our Sites or Services, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; or wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We do not limit our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or any other liability which cannot be excluded by law.

The provisions of this section shall survive the termination or expiry of these Terms.

12. Indemnification
You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; or (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Services in any manner not authorized by us.

13. Governing Law
These Terms (including our Privacy Policy) shall be governed by and construed in accordance with English law. Any dispute (including non-contractual disputes) arising from these Terms of use shall be subject to the exclusive jurisdiction of the English courts.

14. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede any previous agreement or arrangement between the parties relating to the subject matter of these Terms. The parties agree that they have not entered into these terms in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to these terms or not) except as expressly set out in these terms. Nothing in this section, however, shall exclude any liability on the part of us or you for fraud or fraudulent misrepresentation.

15. Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions.

16. No Waiver

No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.

17. Assignment

We shall be entitled to assign our rights under these Terms and/or any agreement or document entered into pursuant to these Terms to any of our group of companies (being any entities in which Kiron Sarkar has an interest from time to time). We shall give notice to you of any assignment we exercise pursuant to this section, by email, to your registered email address, or by notice published on our Sites accessible via the following link: www.sarkargm.com.

18. Legal Notices.

You may contact us by emailing our customer service centre at customercare@sarkargm.com or by writing to:

Sarkar G M LLP
No 2
15 Lyndhurst Gardens
London
NW3 5NT