Website Terms and conditions
This website and other OTC Publications websites which link to this page are owned by OTC Publications Limited (“OTC Publications”).
Use of our websites
If you have purchased a licence, subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated on the relevant website.
Access to OTC Publications websites
We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
Accounts and passwords
Intellectual property rights
The content, layout, design, data, databases and graphics on this website are protected by UK and other international intellectual property laws and are owned by OTC Publications. Unless expressly permitted in writing in a licence agreement, and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor, shown in public.
The trademarks and logos which are displayed on the websites are the trademarks of OTC Publications Limited. Any use including framing, metatags or other text utilising OTC Publications Limited's trademarks or other trademarks displayed is strictly prohibited without our express written consent.
Permission for use of our intellectual property
Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made to OTC Publications Limited.
Our websites contain links including hyperlinks which may take you outside OTC Publications’ websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside OTC Publications’ websites.
You may not establish a link to any OTC Publications website which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.
You are permitted to use one of the popular ‘offline browsers’ that allow you to download content from a site and read it later, but this permission extends to only a small proportion of content, strictly for your personal non-commercial use.
Disclaimers and limitations of liability
a) General disclaimers
Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by OTC Publications. In this case, it is subject to the disclaimers and limitations of liability herein and within any licence or other agreement with you, the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.
We try and ensure our websites are available for use 24 hours a day, 7 days a week, other than for a small period for scheduled down time. However, we do not warrant that at other times our websites shall be available. To the fullest extent permitted by law, we shall be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make any of our websites inaccessible to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OTC PUBLICATIONS EXPRESSLY EXCLUDES:
i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.
You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights, or is otherwise injurious to third parties; or is objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
- to cause annoyance, inconvenience or needless anxiety
- to impersonate any third party or otherwise mislead as to the origin of your content
Governing law and jurisdiction
To the fullest extent permitted by law, these terms will be governed by the laws of England and shall be governed and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction, unless as at the date of formation of any agreement with you either i) the laws of England would not be upheld in the Courts in the users stated country location; ii) an English judgement could not be enforced in the user stated country location; or iii) it would take six months or more for OTC Publications to enforce an English judgement in the users stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts. Notwithstanding any of the above, this clause is governed by the laws of England.
Date of last update: January 2014
View our Website Terms and Conditions as a PDF.