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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> <head><script type="text/javascript" src="/_static/js/bundle-playback.js?v=HxkREWBo" charset="utf-8"></script> <script type="text/javascript" src="/_static/js/wombat.js?v=txqj7nKC" charset="utf-8"></script> <script>window.RufflePlayer=window.RufflePlayer||{};window.RufflePlayer.config={"autoplay":"on","unmuteOverlay":"hidden"};</script> <script type="text/javascript" src="/_static/js/ruffle/ruffle.js"></script> <script type="text/javascript"> __wm.init("http://web.archive.org/web"); __wm.wombat("http://www.dianomioffers.co.uk:80/legal/terms_and_conditions.epl","20090609022552","http://web.archive.org/","web","/_static/", "1244514352"); </script> <link rel="stylesheet" type="text/css" href="/_static/css/banner-styles.css?v=S1zqJCYt" /> <link rel="stylesheet" type="text/css" href="/_static/css/iconochive.css?v=3PDvdIFv" />  <title>Dianomi Limited - Terms & Conditions</title> <style type="text/css">  </style> </head> <body> <div id="content"> <div style="text-align:right;"><img src="http://web.archive.org/web/20090609022552im_/http://www.dianomioffers.co.uk/img/whitelabels/dianomiLogo.gif"></div> <h1>Dianomi Limited Terms & Conditions</h1> <h2>ACCEPTANCE OF TERMS</h2> <p> Please read this carefully. By accessing the Dianomi Limited ("Dianomi") website or registering on the website, you will be agreeing to these terms and conditions set out below (the "Terms"), which may be updated by Dianomi from time to time without notice to you. You should review the Terms periodically for changes at: www.dianomi.com. In addition, when using particular Dianomi services, you shall be subject to any guidelines and rules applicable to such services which may be posted on the site by Dianomi from time to time. All such guidelines and rules are hereby incorporated by reference into the Terms. In most cases the guidelines and rules are specific to a particular part of the services provided by Dianomi and will assist you in applying the Terms to that part, but to the extent of any inconsistency between the Terms and any guide or rule, the Terms will prevail. Dianomi may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply. </p> <h2>DEFINITIONS</h2> <p>In these Terms the following words and expressions shall have the following meanings: </p> <p>"Data Providers" means those providers of Information and/or Services to Dianomi; </p> <p> "FSA" means the Financial Services Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS or any successor or replacement authority responsible for regulating investment business; </p> <p> "Information" means the data accessible via the Site and each and every piece of information provided through the Services; </p> <p> "Services" means one or more of the information services provided on or via the Site; </p> <p> "Service Providers" those third parties who support Dianomi in the provision of Services (including Data Providers); </p> <p> "Site(s)" means Dianomi's internet website located at www.dianomi.com operated and maintained by us or our contractors, any Dianomi hosted websites and/or such other websites as we may notify you from time to time including, but not limited to, white labelled or co-branded pages or any Dianomi page on our publisher network. </p> <p> 'Dianomi, our, we or us ' means Dianomi Limited - which is an independent intermediary, its subsidiary companies and associated companies, agents and employees and any person to which the rights and/or obligations of Dianomi are transferred or assigned. </p> <p> 'you, your or yourself' means you, the person specified as the user of the Site. </p> <h2>LIABILITY</h2> <p> Save for non financial services related content and unless otherwise stated, this Site is directed only at, and the Services provided through this Site are only available to, persons in the United Kingdom. Persons outside the United Kingdom should not use or rely upon any financial services related content provided through this Site. Due to the number of sources from which Dianomi obtains content and the nature of electronic distribution via the internet, neither Dianomi nor any of its Data Providers or affiliates accept any liability (whether in contract or tort) for any losses, costs, expenses, or damages resulting from or related to use of or inability to use the Site or any of the Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall we be liable to you for anticipated or lost profits or for direct or indirect, incidental, special, punitive or consequential loss or damages arising out of or in relation to the Sites or the provision of the information services. We make no warranty that the Sites and the Services are free from infection by viruses or anything else that has contaminating or destructive properties. </p> <p> Dianomi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dianomi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Dianomi shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, terrorist act, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of Dianomi and its Service Providers. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Information, shall be subject to the Terms. You acknowledge and agree that the Service is provided "AS IS" and that Dianomi assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings. </p> <p> Dianomi makes no representations or warranties whatsoever about any other web services which you may access through the Sites. When you access a third party website or Service, even one that may contain the Dianomi logo, it should be understood that it is independent from Dianomi and that Dianomi has no control over the content on that web site or the provision of any service therefrom. In addition, a link to a Service does not mean that Dianomi endorses, approves or accepts any responsibility for the content, or the use, of such web service. It is your responsibility to ensure that whatever you select for your use is free of such items as viruses and like devices. </p> <h2>YOUR OBLIGATIONS</h2> <p> You agree to not use the Service to: <p> <ol> <li>impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; </li> <li>upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements); </li> <li>upload, post, email or otherwise generate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; </li> <li>upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; </li> <li>interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; </li> <li>intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange or regulatory body: and </li> <li>not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service, save where data relating to a lead is transmitted or sold to a third party originally promoted through the Site. </li> </ol> <h2>ACCURACY OF INFORMATION</h2> <p> Neither we nor any of our Data Providers or affiliates make any representations or warranties express or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Sites or the information services and all such representations or warranties are expressly excluded to the fullest extent permitted by law. We, our Data Providers and affiliates, may or may not hold investments in the funds, products, services, management companies, brokerage firm securities or other corporates referred to in the Services. You bear all risks from any use or results of using any Services. You are responsible for validating the integrity of any information sought by you or received over the Internet. </p> <h2>DIANOMI'S PROPRIETARY RIGHTS </h2> <p>You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in Service Provider advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Dianomi, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the web content or the Software, in whole or in part. </p> <p> Dianomi grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Dianomi for use in accessing the Service. </p> <p> Use of our Service requires that you accept all cookies in order to activate special web features and security mechanisms, and to enhance the performance of our Service. While your browser may allow you to "reject" cookies, our Service may require that you accept all cookies in order for its features and security mechanisms to function fully. Dianomi may use "cookies" on Sites to service the account and keep trading activities secure. A "cookie" is an electronic note created by a web site and stored on your computer. </p> <h2>INDEMNITY</h2> <p> You agree to indemnify and hold Dianomi and its subsidiaries, affiliates, directors, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of any third party. We may terminate these Terms with immediate effect if you: </p> <ol> <li>fail to make any payments, if due to us; <li>are in breach of any of these Terms as may be determined by Dianomi; <li>do or fail to do any act which jeopardises the continuance of the Services; or <li>breach any applicable regulation or legislation; </ol> <a name="risk"></a> <h2>RISK WARNINGS</h2> <ol> <li>The content relating to the past performance of an investment is not necessarily a guide to its performance in the future. The value of investments or income from them may go down as well as up. As stocks and shares are valued from second to second, their bid and offer value can fluctuate widely. The degree of fluctuation of fund values varies significantly and the value of higher volatility funds may change suddenly. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated. You may not necessarily get back the amount you invested. <li>The levels and bases of, and reliefs from, taxation are subject to change as UK legislation and regulations and the UK tax regime are amended from time to time and any content on this site referring to such legislation, regulations or tax regime should not be relied upon. Dianomi does not give legal or tax advice and you shall be responsible for obtaining independent legal or tax advice, as appropriate, from your professional advisors. <li>Al content provided through the Sites is only for your personal information and use and is not intended to address your particular requirements or to be relied upon in making (or refraining from making) any specific investment or other decision. Dianomi's content shall not constitute any form of advice or recommendation by us. <li>Where you are unsure about any specific investment or other decision, you should obtain appropriate expert independent advice. <li>Nothing included in this site constitutes an offer or solicitation to sell investments to anyone in any jurisdiction outside the United Kingdom in which such offer, solicitation or distribution would be unlawful. </ol> <h2>GENERAL INFORMATION</h2> <p> These Terms constitute the entire agreement between you and Dianomi and govern your use of the Service, superseding any prior agreements between you and Dianomi. You also may be subject to additional terms and conditions that may apply when you use affiliate services or third-party content. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act. These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer our rights and obligations under these Terms to: </p> <ol> <li>an appropriate company which is from time to time a subsidiary or holding company of Dianomi (subsidiary and holding companies have the meaning ascribed to them by Sections 736 and 736A of the Companies Act 1985); or <li>any appropriate third party engaged in the provision of Services similar to those provided by us on providing you with reasonable notice. These Terms and the relationship between you and Dianomi shall be governed by English law. You and Dianomi agree to submit to the exclusive jurisdiction of the English courts. Any failure by Dianomi to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. </ol> <p>Copyright © 2009 Dianomi Limited. All rights reserved. </p>   </div> </body> </html>