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TERMS AND CONDITIONS OF USE

General

By using this Site, you agree to be bound by these terms and conditions.

References in these terms and conditions to "FT" (or "we", "us" or "our") refer to F.T. Publications, Inc. (or other applicable Financial Times group company).

These terms and conditions govern your use of the Site and do not supersede any agreement you may have with FT governing your wholesale distribution of its newspapers. In the event of any conflict or discrepancy between these terms and any such existing agreement, the terms of the latter shall prevail.

These terms and conditions are contractual in nature and in the event of any breach, we reserve the right to take any action we deem appropriate, which can include suspending or disconnecting your access to the Site. Misuse of the Site may also be considered a material breach for the purpose of any existing agreement.

Permitted Use

All content on this Site (.FT Content.) belongs to FT or its licensors. FT or its licensors own all intellectual property rights (including copyright and database rights) in the FT Content and any selection or arrangement of the FT Content. You can use this site to manage your supply and returns, in addition to checking your financial history with the FT.

Restrictions on Use

You may not use the Site:

Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Site.

Technical Requirements and Security

The Site is best viewed with Internet Explorer 6+ or Mozilla Firefox. You are responsible for determining that this Site is fit for the purpose for which you wish to use it and for having in place all necessary hardware and technical measures required to access and use the Site.

You will be supplied with a unique Customer Identification code by FT. You are responsible for ensuring that only authorised individuals access the Site. FT will not be responsible for any misuse.

Warranties

YOU WARRANT THAT ALL INFORMATION YOU PROVIDE TO FT THROUGH YOUR USE OF THE SITE IS ACCURATE TO THE BEST OF YOUR KNOWLEDGE AND THAT ALL FIGURES HAVE BEEN APPROPRIATELY VERIFIED. WE SHALL BE ENTITLED TO TREAT ALL INFORMATION SENT BY YOU (OR THAT APPEARS TO HAVE BEEN SENT BY YOU) AS GENUINE AND TO ACT ON IT ACCORDINGLY.

FT SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE. EXCEPT AS SET OUT IN THE PRECEDING SENTENCE, FT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, FT HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DOES FT PROVIDE ANY WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Exclusion of Liability

THE FOLLOWING APPLIES TO YOUR USE OF THE SITE ONLY: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT FT WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SITE (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE SITE OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT FT WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON FT.s LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU BE GREATER THAN THAT SET OUT IN YOUR EXISTING AGREEMENT WITH FT. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT ALLOWED AND THEREFORE THE LIMITATIONS CONTAINED ABOVE MIGHT NOT APPLY TO YOU.

WITHOUT LIMITING THE ABOVE, FT IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. FT DOES NOT CONTROL TELEPHONES, THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER) OR THE INTERNET OR THE ACTS OF THIRD PARTIES.

NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS AND CONDITIONS, FT'S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY FT'S NEGLIGENCE.

Governing Law and Jurisdiction

Any issues arising out of your use of the Site will be subject to the laws and jurisdiction of the country and/or state specified in your existing agreement with FT. In the absence of any such agreement as to the law and jurisdiction, the laws of the state of New York shall apply and the parties shall submit to the non-exclusive jurisdiction of the New York courts, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of New York.

Changes to Terms and Conditions

These terms and conditions were published on 17 March 2006.You should check regularly to see whether they have been updated. If they have been updated, this will be indicated here.