CityFalcon Corporate Api

API TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before proceeding to register for our services

These terms of service (together with the documents referred to in it) tell you the terms on which you may order the API information services from Cityfalcon.com (each, "the site").

Please read these terms carefully and make sure that you understand them, before ordering any such services from the site.


Please note that when you register to order services from the site, you will be asked to agree to these terms and these terms will form the contract for services created between us for the sale of those services to you (the "Contract for Services”) including, where relevant, for free-trials of those services. If you do not accept these terms, you will not be able to order any API information services from the site and should refrain from attempting to do so.

By accessing or using the site or our services, you are confirming your acceptance of these terms and that you agree to be bound by them. If you are acting on behalf of a company, you are also confirming that you are authorised to bind the company in this way when you are accessing or using the site or our services.

You should print a copy of these terms for future reference.

We amend these terms from time to time as set out below. Every time you wish to order services, please check these terms to ensure you understand the terms which will apply at that time.

These terms were most recently updated on 26 February 2016.

Other applicable terms

These terms refer to the following additional documents, which apply to

a) visits to the site in relation to use of the Services
b) any other visits to the site (The website Terms of Service and the Privacy & Cookies Policy as published on any site operated by us and as updated from time to time).

INDEX

Information about UsDefinitions and InterpretationOrdering ServicesThe Services and the Term of the ContractFees and PaymentThe ApplicationsTrainingSecurityMaintenanceLicencesApplications and API Infrastructure Terms of UseCustomer Computer SystemsSupportIntellectual PropertyCustomer DataConfidentialityLiabilityIndemnityForce MajeureTerminationNoticesRelationship of PartiesAssignmentSeveranceEntire AgreementVariationNo WaiverNon-ExclusivityLaw and JurisdictionSCHEDULE 1

Information about Us

We are City Falcon Limited (the "Information Service Provider"). We are registered in England and Wales under company number 09107763 and our main trading address is Level39, One Canada Square, Canary Wharf, London E14 5AB. Our VAT number will be notified to customers appropriately. We are a limited company.

We host and provide access to the Services (defined and described below) via our API infrastructure.

If you wish to give us formal notice of any matter in accordance with the Contract for Services, please see the Notices section below.

Definitions and Interpretation

API Infrastructure
means the Information Service Provider’s computer hardware, firmware, software, mobile apps (including “widgets”) and other communications infrastructure that are within its reasonable control and which is used to facilitate access to and use of the Services by the Customer.
Applications
means the selected information services, provided by the Information Service Provider, which shall be made available to the Customer, as detailed in the activation email sent to the Customer after its order is accepted and processed.
Business Day
means any day other than Saturday or Sunday that is not a bank or public holiday.
Business Hour
means any time between 9am and 6pm on a Business Day, during which the Information Service Provider is open for business.
Commencement Date
means the date on which the activation email is sent to the Customer and the Contract for Services is formed, as described below.
Confidential Information
means all business, technical, financial or other information created or exchanged between the Parties throughout the Term of this Contract for Services.
Customer
means the business entity (or, if a person is not acting on behalf of a business entity, the individual) that has registered to receive the Services.
Customer Computer Systems
means the Customer’s computer hardware, firmware, software and communications infrastructure through and on which the Services are to be used.
Customer Data
means any data belonging to the Customer or to third parties and used by the Customer under licence which is created by the Customer or otherwise stored in the API Infrastructure.
Fees
means the sums payable by the Customer in return for access to the Services (i.e. to the Applications, the API Infrastructure and support services provided by the Information Service Provider in accordance with Clauses for ‘fees and payments’ and ‘support’ of this Contract for Services.
Intellectual Property Rights
means all vested contingent and future intellectual property rights including but not limited to copyright, trade marks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up and database rights.
Service/s
means, collectively, the Applications, API Infrastructure and support services provided by the Information Service Provider to the Customer.
Term
means the duration of the Contract for Services, as defined below.
Users
means an employee or other authorised agent of the Customer who shall, from time to time, access the Applications through the API Infrastructure.
Writing
unless the context otherwise requires, each reference in this Contract for Services to “writing” includes any communication by email, fax or other electronic or similar means.

Ordering Services

The registration pages of the site will guide the Customer through the steps needed to register and to place an order for Services. The order process allows the Customer to check and amend any errors before submitting the order and the Customer agrees to take the time to read and check their order at each page of the order process.

Upon signing up for a trial or otherwise placing an order, the Customer will receive an e-mail from the Information Service Provider acknowledging that the order has been received. The acceptance of the order will take place as described in the clause below.

The Information Service Provider will confirm its acceptance of the order by sending an activation e-mail to the Customer. This email may take up to 24 hours to be processed by the Information Service Provider and, where initial fees are due in advance of activation, will be subject to the Information Service Provider’s receipt of such initial fees. The Contract for Services between the Customer and the Information Service Provider will only be formed when the activation email is sent and the date on which such email is sent shall constitute the “Commencement Date” for the purposes of the Contract for Services.

If the Information Service Provider is unable to supply particular services, for example because that service is no longer available or because of an error in the price on the site (as referred to in the Fees and Payment clause below), the Information Service Provider will inform the Customer of this by e-mail and will not process the order for those services. If initial fees were due in advance of activation for such services and the Customer has already paid for those services, the Information Service Provider will, as soon as possible, refund the full amount paid in relation to the Services that cannot be provided.

The Services and the Term of the Contract

The Information Service Provider shall, with effect from the Commencement Date, provide the Services to the Customer on a non-exclusive basis, under a non-exclusive licence, from a remote location for the duration of the Term of this Contract for Services and in accordance with the terms and conditions of this Contract for Services.

The Information Service Provider shall provide access to the Applications and API Infrastructure through the site and shall use its reasonable endeavours to ensure that such access is available, without interruption, 24 hours a day, 7 days a week, 365 days a year. Except as expressly and specifically provided otherwise in this Contract for Services, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract for Services. This undertaking shall also be subject to the exceptions contained in Clauses for ‘fees and payment’, ‘support’, ‘force majeure, and ‘termination’ of this Contract for Services.

The Services will be provided by the Information Service Provider during the Term (defined below) of this Contract for Services. The Contract for Services shall commence on the Commencement Date for [either (a) where applicable, an initial fee-free trial period of 14 days or (b)] the initial period of the contract as selected by the Customer. Thereafter the Contract for Services shall renew automatically and continue to do so on a monthly or annual basis as specified in the email sent to confirm receipt of the Customer’s order or the activation email unless and until otherwise terminated in accordance with Section for ‘termination’ of this Contract for Services. The initial period plus each monthly or annual renewal period shall together constitute the “Term” of the Contract for Services.

Fees and Payment

The Fees due for the Services are specified on the site [and will be confirmed in the email sent to confirm receipt of the Customer’s order or in the activation email. The Customer must pay for Services using the payment facilities provided on the site or, at its discretion and upon request from the Customer, the Information Service Provider can agree to accept payment in a different manner.

The Customer shall pay all Fees to the Information Service Provider upon renewal of the contract in advance unless otherwise agreed in writing by the parties.

In the event that the Customer does not pay all Fees due in advance of activation and / or on periodic renewal, the Information Service Provider may delay access and/ or suspend the Customer’s use of the Services by whatever means it deems appropriate.

The Information Service Provider reserves the right to vary the Fees from time to time as it may deem appropriate. The Customer shall receive no less than 7 days’ written notice via the site of any such variation. Such variations shall take effect upon expiry of such notice and the Customer may exercise its termination rights, described below, in relation to such variation.

The site contains a variety of services and, from time to time, some of the Services may be incorrectly priced. If the Information Service Provider discovers an error in the price of the Services, it will contact the Customer in writing to inform the Customer of this error and will offer the Customer the option of purchasing the Services at the correct price or cancelling the order for that service. The Information Service Provider reserves the right not to process the order for the affected services until it has received the Customer’s instructions. If the Information Service Provider is unable to contact the Customer using the contact details provided during the order process, the Information Service Provider will treat the order as cancelled and notify the Customer in writing. The parties agree that, if the pricing error is obvious and unmistakeable and could have reasonably been recognised as a mispricing, the Information Service Provider does not have to provide the Services at the incorrect (lower) price.

Web Services Overage Fee Adjustment: The Information Service Provider will notify the Customer in writing should the Customer exceed its average volume limit associated with a web Service over a monthly period as agreed with the Customer in the activation email . Upon notification, the Customer will have a month to reduce its volume to comply with its current volume limitation for that Service. Should the Customer continue to exceed its volume limit, The Information Service Provider will upgrade the Customer’s current volume limit to accommodate the higher volumes and adjust the applicable Fee accordingly. Should the Customer decline to accept the adjustment, the Information Service Provider can terminate this Agreement in accordance with Section for ‘termination’ below.

The Applications

The Applications to which the Customer shall have access are detailed in the contract summary that will be provided to the Customer upon confirmation of the order.

The Customer is free during the Term of this Contract for Services to add to the selection of Applications, subject to availability of required Applications from the Information Service Provider. The Fees shall be amended accordingly in the event of such modification and charged to the Customer on a pro-rata basis up to the date of the next renewal.

Training

In the event that any Users require training in order to use the Applications, it shall be the responsibility of the Customer to ensure that all Users are appropriately trained and to bear any costs associated with such training. The Information Service Provider shall not provide any training of any kind but may do so provided that the Customer bears all associated costs.

Security

The Information Service Provider shall ensure that the API Infrastructure includes reasonably required security measures including firewalls, reserve power, redundant systems and any other infrastructure that the Information Service Provider may from time to time deem necessary.

The Information Service Provider shall make periodic backups of all data relating to the Services that is provided to it by the Customer but is under no obligation to do so.

Maintenance

The Information Service Provider shall be responsible for all maintenance and upgrades to the API Infrastructure which may from time to time be required.

Subject to the provisions of Section for ‘support’, the Customer shall be responsible for all maintenance and upgrades to the Customer Computer Systems which may from time to time be required.

Whenever possible, the Information Service Provider shall use its best and reasonable endeavours to undertake maintenance work outside of the Customer’s business hours.

Unless maintenance is corrective in nature, the Information Service Provider shall provide at least 5 Business Days’ notice of any maintenance which may affect the Customer’s use of the Services. The Information Service Provider shall use its best and reasonable endeavours to provide as much notice as possible in the case of corrective maintenance, however advance notice may not always be possible.

Where maintenance will disrupt the Services, the Information Service Provider shall aim to complete all necessary work within 16 Business Hours or as soon as possible thereafter where resolution in that time is not possible.
Whenever possible, the Information Service Provider shall provide a workaround solution to the Customer to enable the Customer’s continued use of the Services or to enable use that is as close to normal as is possible under the prevailing circumstances.

Licences

The Customer shall use all Applications under a non-exclusive, non-transferrable licence, as set out in this Contract for Services and detailed in the confirmation email. This licence permits the maximum number of Users detailed in the confirmation email to access the Applications at any given time and such access is only permitted through the site, unless otherwise agreed.

All Applications provided by the Information Service Provider are the property of the Information Service Provider unless otherwise stated and shall be covered by the terms of the licence included in this Contract for Services.

Applications and API Infrastructure Terms of Use

Under this Contract for Services, a specified number of Users may access the Applications through the site and API Infrastructure at any given time.

Users’ access to the Applications and the API Infrastructure shall be controlled by means of usernames and passwords.

Should the Customer require an increased number of Users, such an increase shall be permitted at the exclusive discretion of the Information Service Provider. The Information Service Provider reserves the right to increase Fees proportionately, in accordance with fees listed on the site, in the event of an increase in the maximum number of Users.

Use by anyone other than Users (as defined above) is not permitted under this Contract for Services in the absence of express written consent from the Information Service Provider.

The Customer shall use the Services exclusively for the purposes of carrying on its business unless otherwise agreed by the Information Service Provider and in which case the additional terms set out in Schedule 1 to these terms and applicable to individual consumer customers and/ or sole-traders as appropriate, shall apply .

The Information Service Provider shall monitor the Customer’s use of the Applications and API Infrastructure from time to time to ensure compliance with the terms and conditions of this Contract for Services and with reasonable usage expectations. In the event that the Customer’s use of the Services exceeds levels deemed reasonable (as determined by the Information Service Provider), the Information Service Provider reserves the right to increase Fees, in accordance with the fees listed on the site, as it deems appropriate, supplying 30 days’ written notice to the Customer of such an increase
The Customer may only access the Applications detailed in the confirmation email. No access to other parts of the API Infrastructure shall be permitted in the absence of express written permission from the Information Service Provider.

The Customer is exclusively responsible for its use of the Services, including the conduct of individual Users and must ensure that all use is in accordance with this Contract for Services. The Customer shall notify the Information Service Provider immediately of any breaches of this Contract for Services by any Users.

Access to the Applications is only permitted through the site via the API Infrastructure provided. Under no circumstances may the Customer download, store, reproduce or redistribute the Applications or any other part of the API Infrastructure, without first obtaining the express written permission of the Information Service Provider.

The Customer’s use of the Applications and API Infrastructure may, from time to time, be governed by statutory or regulatory rules and requirements external to the terms and conditions of this Contract for Services. It shall be the Customer’s exclusive responsibility to ensure that their use of the Services is in compliance with any such laws.

The Customer’s use of the Services shall be subject to the following limitations, unless otherwise expressly agreed in writing by the Information Service Provider:

  • The Customer may not use or redistribute the Applications or the API Infrastructure for the purpose of conducting the business of a SAAS Information Service Provider or as another similar Information Service Provider
  • The Customer may not redistribute or reproduce the Applications or the API Infrastructure through any network;
  • The Customer may not allow any unauthorised third party to access the Applications or the API Infrastructure other than the Users defined in this Contract for Services.


Neither the Customer, nor anyone on their behalf may, in the absence of written consent from the Information Service Provider:

  • Make changes of any kind to the Applications or the API Infrastructure;
  • Attempt to correct any fault or perceived fault in the Applications or the API Infrastructure.


If and to the extent that access to the Services requires a user identification code, password or any other piece of information as part of the Information Service Provider’s security procedures, the following shall apply:

  • the Customer agrees to treat such information as confidential and will not disclose it to any unauthorised third party;
  • the Information Service Provider has the right to disable any user identification code or password at any time, whether they were chosen by the Customer or allocated by the Information Service Provider, if in the reasonable opinion of the Information Service Provider, the Customer has failed to comply with any of the provisions of the Contract for Services;
  • if the Customer knows or suspects that anyone other than a User knows such user identification code/s or password/s, the Customer must promptly notify the Information Service Provider.


The customer agrees to comply with any directions or specifications which the Information Service Provider may from time to time supply in order to enable the proper delivery, display and functionality of the content including that from third parties.

Customer Computer Systems

Where, in the opinion of the Information Service Provider, Customer Computer Systems are likely to cause disruption to the API Infrastructure, the Information Service Provider may request that the Customer disconnects from the API Infrastructure until advised that reconnection is possible. The Information Service Provider may require changes such as upgrades or equipment replacement to be made to the Customer Computer Systems prior to reconnection.

In the event of any unauthorised access by the Customer of Applications or the API Infrastructure, the Information Service Provider shall be entitled to terminate access indefinitely or temporarily as it deems appropriate and to terminate this Contract for Services in accordance with Section for ‘termination’ below.

The Customer shall ensure that no Customer Computer Systems are connected to a third party system or other service, communications system or network in such a way that the Services may be accessed by unauthorised third parties.

Support

The support provided by the Information Service Provider shall relate only to the Applications and API Infrastructure. Any problems which are related to Customer Computer Systems must be resolved by the Customer’s own support staff.

Additional support services shall be available at additional cost to the Customer at the rates agreed by both parties

When seeking support the Customer shall use its best and reasonable endeavours to provide the fullest information possible to aid the Information Service Provider in diagnosing any faults in either the Applications or the API Infrastructure.

The Information Service Provider shall aim to resolve all support problems within 16 Business Hours or as soon as possible thereafter where resolution in that time is not possible.

In the event of support problems, the Information Service Provider shall reasonably endeavour to provide a workaround solution to the Customer to enable the Customer’s continued use of the Services or to enable use that is as close to normal as is possible under the prevailing circumstances.

Intellectual Property

Where expressly indicated, all Intellectual Property Rights subsisting in the Applications and the API Infrastructure, including any supporting software and documentation are owned by and/ or licensed to the Information Service Provider. For the purposes of this section, ‘Applications’ and ‘API Infrastructure’ along with supporting software and documentation are taken to include the manner in which and the extent to which all such material is compiled and presented by the Information Service Provider.

Subject to the Clause above, the Intellectual Property Rights subsisting in all other elements of the Applications and API Infrastructure, including any supporting software and documentation, is the property of named third parties.

The Customer shall not either during the Term or after the expiry of this Contract for Services permit or cause to occur any infringement of any Intellectual Property Rights covered by this Clause. Use by the Customer and its employees of the Services shall be only within the terms of the Contract for Services.

The Customer shall not, in the absence of the Information Service Provider’s written consent, reproduce, adapt, translate, reverse-engineer, or make available to any third party any of the Applications, any part of the API Infrastructure, or any other material associated with the Contract for Services where such activity goes beyond the scope of actions permitted by the terms and conditions of this Contract for Services.

Where the Customer either suspects or is aware of any breach of Intellectual Property Rights covered by this Clause it shall be under a duty to inform the Information Service Provider of such breach immediately.

Customer Data

Subject to Section for ‘Intellectual Property’, all Intellectual Property Rights subsisting in Customer Data are and shall remain the property of the Customer. The Customer permits the Information Service Provider to interrogate and analyse the data from time to time in order to enable it to develop new services provided that the Information Service Provider shall not make such data available to any third party without the express written consent of the Customer. Certain Customer Data may belong to third parties. In such cases, the Customer warrants that all such Customer Data is used with the consent of relevant third parties.

If and to the extent that the provision of the Services includes the processing of personal data by the Information Service Provider on behalf of the Customer, such processing shall be carried out in accordance with the terms of the Privacy Policy and applicable data protection laws.

Confidentiality

During the Term of this Contract for Services and after the termination or expiration of this Contract for Services for any reason, the Information Service Provider shall use its best and reasonable endeavours to ensure that all Customer Data is kept secure and confidential. The Information Service Provider shall not, in the absence of express written consent from the Customer, disclose Customer Data to any third party unless such disclosure is required by law in which case the Customer shall be notified in writing of the disclosure or for the purposes of performing the Services under the Contract.

The Customer agrees and accepts that injunctive relief shall not be available to it in the unlikely event of a breach of the obligations set out in this clause or elsewhere in the Contract.

Liability

The Information Service Provider shall not be liable to the Customer for any indirect or consequential loss the Customer may suffer even if such loss is reasonably foreseeable or if the Information Service Provider has been advised of the possibility of the Customer incurring it.

The Information Service Provider’s entire liability to the Customer in respect of any breach of its contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this Contract for Services shall be limited to a sum equal to the greater of (a) the fees received under the Contract by the Information Service Provider from the Customer in the 12 months preceding the event from which such loss arose or (b) £500.

The Information Service Provider may provide algorithmically curated twitter feeds and other content authored by third parties. Tweets and other third party content will be served automatically to the customer. The Information Service Provider may not be the author of such content and tweets, and they will not be responsible for the content of any tweets or third party content, except to the extent that the Information Service Provider has actually authored the content. The Information Service Provide expressly excludes any liability the customer may suffer or incur arising from any tweet or other third party content.

Notwithstanding any other provision in this Contract for Services, the Information Service Provider’s liability to the Customer for (a) death or injury resulting from the Information Service Provider’s own negligence or that of their employees, agents or sub-Contract for contractors or (b) fraudulent misrepresentation, shall not be limited.

Indemnity

The Customer will fully indemnify the Information Service Provider against all costs, expenses, liabilities, losses, damages and judgments that the Information Service Provider may incur or be subject to as a result of any of the following:

  • The Customer’s misuse of the Applications, API Infrastructure or any other element of the Services;
  • The Customer’s breach of this Contract for Services;
  • The Customer’s negligence or other act of default.

Force Majeure

Neither the Information Service Provider nor the Customer shall be liable for breaching this Contract for Services where that breach results from “Force Majeure.”

Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to: power failure, internet Information Service Provider failure or other third party service provider failure, industrial action, civil unrest, theft, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Termination

The Information Service Provider reserves the right to terminate this Contract for Services or to suspend the Services in the following circumstances:

  • If the Customer fails to pay Fees due under Section for ‘fees and payment’ or does not accept the Fee adjustment under Section for ‘fees and payment’ of this Contract for Services. The Information Service Provider reserves the right to delete all Customer data from the API Infrastructure after 14 days of suspension or termination of services and shall be under no obligation to take / retain any backups of such data;
  • If the Customer is in breach of the terms of this Contract for Services and fails to remedy such breach within a period of 7 days commencing the date of notification of such breach;
  • If the Customer becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
  • If the Customer is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986;
  • If the Customer has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.


Upon written notice to the Information Service Provider, the Customer may terminate this Contract for Services in the following circumstances:

  • If the Information Service Provider is in breach of the terms of this Contract for Services and fails to rectify such breach within a period of 7 days commencing the date of receipt of written notice;
  • If the Information Service Provider becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
  • If the Information Service Provider is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986;
  • If the Information Service Provider has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order;
  • If the terms of this Contract for Services have been varied by the Information Service Provider, the Customer does not wish to receive the Services under such varied terms and the notice of termination is served within the 7 day period before such varied terms become effective;
  • If the Services Provider no longer wishes to provide the Services and serves notice of non-renewal no less than 7 Business Days before the next renewal date. Termination under this sub-Clause shall be effective at the end of the period in which such notice is served;
  • If the Customer no longer wishes to renew any services they may do so by cancelling their service no later than at least 2 business days prior to the renewal date. All cancellations will deem to be effective only upon receipt by the Customer of written confirmation by the Information Service Provider via email sent to an email address registered with the Information Service Provider from time to time.


Within 7 Business Days of the termination of this Contract for Services in accordance with this Clause 19, the Customer shall uninstall or otherwise remove any means of access to the Applications and API Infrastructure Immediately following taking such action, the Customer shall inform the Information Service Provider in writing that such action has been taken].

The Information Service Provider may retain Customer Data for a period of 14 days following cancellation / termination by either party but shall be under no obligation to do so.

In the event that the contract is terminated by either the Information Service Provider or the Customer the Customer shall take copies of whatever data they require prior to the expiry of the notice period or end of the Contract period whichever shall occur first. The Information Service Provider shall be under no obligation to provide access to the API Infrastructure after this date.

Notices

All notices under this Contract for Services shall be in writing.

Notices shall be deemed to have been duly given:

  • when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient;
  • when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated;
  • on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid;
  • on the tenth business day following mailing, if mailed by airmail, postage prepaid.


In each case notices should be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

Relationship of Parties

Nothing in this Contract for Services shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Information Service Provider and the Customer.

Assignment

Neither Party shall assign, transfer, sub-Contract for Services, or in any other manner make over to any third party the benefit and/or burden of this Contract for Services without the prior written consent of the other, such consent not to be unreasonably withheld.

Severance

The Parties agree that, in the event that one or more of the provisions of this Contract for Services is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of this Contract for Services. The remainder of this Contract for Services shall be valid and enforceable.

Entire Agreement

This Contract for Services embodies and sets forth the entire Contract for Services and understanding between the Parties and supersedes all prior oral or written contracts, understandings or arrangements relating to the subject matter of this Contract for Services.
Neither Party shall be entitled to rely on any term, understanding or arrangement not expressly set forth in this Contract for Services, save for any representation made fraudulently.

Unless otherwise expressly provided elsewhere in this Contract for Services, this Contract for Services may be varied only in writing by both of the parties.

Variation

In addition to the right to vary the Fees (as described above), the Information Service Provider may amend these terms from time to time. The Customer must look at the beginning of these terms to see when they were last updated and which terms were changed. Every time that Services are ordered, the terms in force at the time of that order will, subject to Clause below, apply to the Contract for Services relating to that order.

The Information Service Provider may revise these terms as they apply to an order from time to time as a result of but not limited to:

  • changes in relevant laws and regulatory requirements; and/ or
  • changes in terms of service by third parties on which the Information Service Provider is reliant in order to provide its’ own services


If the Information Service Provider has to revise these terms under Clause above, the Information Service Provider will endeavour to provide the Customer with not less than 7 days; notice of such change via the site but cannot guarantee it will be able to do so in the event that such a revision occurs as a result of actions taken by a third party and the Customer may choose to exercise its right to terminate, as described above.

No Waiver

The Parties agree that no failure by either Party to enforce the performance of any provision in this Contract for Services shall constitute a waiver of the right to subsequently enforce that provision or any other provision of this Contract for Services. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

Non-Exclusivity

The relationship between the Parties under this Contract for Services is and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.

Law and Jurisdiction

This Contract for Services shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the laws of England and Wales.

SCHEDULE 1

Terms applicable to consumer and sole-trader customers"

If you are consumer Customer using the Services for non-business purposes or if you are a sole-trader Customer, the additional terms set out here are applicable to you. In the event of a conflict between the terms set out in this schedule and those elsewhere in the Contract for Services, the terms of this schedule shall prevail.

Contacting us if you are a consumer

To cancel a Contract in accordance with your legal right to do so (as described in more detail below), you just need to let us know that you have decided to cancel. You need to do this by logging into your account and cancelling the contract through the Application control panel. We will e-mail you to confirm we have received your cancellation.

If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team using any of the numbers published on our website contacting us here.

Your consumer right to cancel and receive a refund

If you are a consumer, you have a legal right to cancel a Contract. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Services, you can notify us of your decision to cancel the Contract and (if sums have been paid in advance) receive a refund.

In relation to the Services, which are not completed services and which you can subsequently choose to cancel, you shall be liable for fees applicable to the proportion of the Services that have been delivered to you up until you communicate your cancellation; this may include costs incurred by Information Service Provider to its suppliers and Information Service Providers.

More advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

Our liability if you are a consumer or sole-trader

You have legal rights in relation to Services that are not as described. These legal rights are not affected by your right of refund above or anything else in this Contract.

If Information Service Provider fails to comply with the terms of this Contract, it is responsible for loss or damage you suffer that is a foreseeable result of such breach of contract or negligence but Information Service Provider is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by you and Information Service Provider at the time you signed this Contract.

Information Service Provider only supplies the Services to consumer Customers for domestic and private use. If you are a consumer Customer, you agree not to use the product for any commercial, business or resale purposes and, if you are a consumer or sole-trader, you accept that Information Service Provider has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Information Service Provider does not in any way exclude or limit its liability to you for:

  • death or personal injury caused by its negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) if applicable to the Services;
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples) if applicable to the Services; and
  • defective products under the Consumer Protection Act 1987 if applicable to the Services.

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Personalised Financial News

  • Nick James Forex Expert CityFALCON idea is very interesting. Accessing & scoring big data to provide regular guys with more source to base they decisions on is great!
  • Peter Tang Commonwealth Bank Risk Executive Being a bottom up long term investor, the macro picture is still extremely important to me when trying to time when to enter and exit the market. CityFALCON has proved particularly useful in feeding relevant macro news to me via its social media feeds.

Personalised Financial News

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How is this service different from other financial news aggregating sites?

We employ a very different approach to news aggregation. Instead of scrapping the internet and using manual curation, we gather stories directly from content publishers on Twitter, which means that you get the information much faster, and the coverage is comprehensive. Most content publishers tweet as soon as they release a new story, and we capture them all.
Our service is specifically tailored for investors and traders, and we want it to be easy for them to structure, personalise and consume the information.
Next time an influential investor such as Carl Icahn tweets, you'll get those stories at the top of your feeds!

Why can't I just get these financial news stories directly from Twitter?

Yes, you can, but we make it very convenient for you.
Twitter is a great service and has resulted in a paradigm shift in the way we break and consumer news. We are also thankful to them for allowing us to access tweets.
However, they at least at this point, do not seem to be tailoring their service towards investors and traders, and hence consumption of financial news may be difficult. Also, several people find using Twitter a bit tricky.
We allow users to create watchlists which can track several assets in one go, which we believe is valuable to you.

Is there a limit on the number of watchlists that I can create?

Yes, you could create a max of 5 watchlists. This limit has been based on our discussions with traders and investors.

Could you please add other indices tracker in your list of standard watchlists?

Yes, sure but as long as we can find quality news stories on Twitter for those indices. Please send us your request at [email protected]

I can't find assets that I trade or invest in on this site. Please could you add them?

We add assets to our coverage only after we believe that there are enough quality stories on Twitter. This usually tend to be highly traded assets. However, please send us a request at [email protected] and we will investigate whether we should add the asset.

Why do I see several unrelated stories in my feed?

We adopt several steps to make sure that you only get relevant quality stories but we have no control over what the authors publish. If you could click the 'irrelevant to topic' icon on the right of the story, we could filter stories from this author in the future. The more you use this service, the smarter the algorithm works. We would request you to have some patience, and help us improve the overall service.

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