Site Terms & Conditions

  1. WHO WE ARE AND HOW TO CONTACT US

www.diligenteye.com is a website (“Site”) operated by Diligent Eye Limited (“Diligent Eye”). In these Terms, “we”, “us” and “our” shall mean Diligent Eye and “you” or “your” shall mean either a visitor or customer to our Site. All Services are accessed through the Site including our platform services which customers can subscribe to use (“Services”). 

These Terms govern the use of the Site.  Please read these Terms carefully and make sure that you understand them.  You will need to accept these Terms as part of the Site registration process.  If you do not accept these Terms, you will not be able to register to use the Site and consequently will not be able to access any of the Services.

We are registered in England and Wales under company number 10925263 and have our registered office at 118 Pall Mall, London SW1Y 5ED. Our main trading address is at 118 Pall Mall, London SW1Y 5ED.

To contact us, please email support@diligenteye.com.

All charges relating to the purchase of our Services are set out on our Site and will be stated inclusive of VAT (where applicable).

These Terms, and any contract formed between you and us, shall be in the English language.

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made. Your continued use of the Site and platform will indicate your acceptance of the then current version of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.

  1. OUR AIMS

Diligent Eye aims to provide you with the knowledge and information on specific investment products by providing independent reports designed to help you make an informed decision on investment products.  However, there are some important limitations to the Services that we provide.  These include, without limitation:

  • The need for you to provide us with certain information.
  • We can’t take responsibility for laws outside the UK governing access to our Services. Our Services are specifically designed for use in England and Wales and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.
  • We do not recommend or market any investment products
  • We do not provide advice or opinion as to the suitability of any investment products 
  • We are not FCA regulated and do not hold ourselves out to be.
 
  1. THE SERVICES THAT WE PROVIDE

We offer investment reporting services (“Report Service”) and bespoke services (“Bespoke Service”). “Service(s)” refers to either the Report Service or Bespoke Service or both as appropriate. Our Report Service gives access to reports on certain specific investment products. The Bespoke Service is in relation to an investment product of your choice which is not included in our Report Service.

This Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out herein.

  1. RETURNS POLICY

The reports purchased from our Site under the Report Service are digital downloads of our intellectual property provided to you upon payment for the report(s). Once these are provided to you, we do not offer any refund on the purchase price.

  1. SITE REGISTRATION REQUIREMENTS

The Site and the Services are for use by persons aged 18 or over. 

We can only provide the Services in accordance with these Terms if you provide us with the information we need in order to help you. You must ensure that any information you give to us is accurate and given in good faith.

By registering or downloading our reports on the Site you will be accepting these Terms and agreeing that you will sign the Agreement without delay.

You agree you shall be responsible for ensuring that you comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services via our Site.

  1. ONGOING ACCESS TO THE SITE

Diligent Eye is unable to guarantee that your access to the Site or any content on it will be free of interruption, errors or omissions.  However, we will use reasonable skill and care to avoid any such interruptions, unavailability, errors or omissions by having appropriate performance, security and quality controls in place.

You are responsible for ensuring that you have all the appropriate hardware and software as well as the sufficient internet bandwidth needed in order to access the Site.

You are only permitted to access the Site and use the Services for private use.  You must not use the Service for any commercial or business purpose without express permission from us.

We shall accept no responsibility or liability for any third-party provider that we engage to enable us to provide any services to you in support of our provision of the Services.

  1. TERMS THAT APPLY TO YOU

By registering your details or purchasing reports on the Site you are accepting these Terms.

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

  1. WE MAY MAKE CHANGES TO THESE TERMS

We may amend these Terms and the terms of the Agreement from time to time. Your continued use of the Site will constitute your deemed acceptance of such amendments.

9.WE MAY MAKE CHANGES TO OUR SITE

We may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities.

  1. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@diligenteye.com

  1. HOW YOU MAY USE MATERIAL ON OUR SITE

Diligent Eye is the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Diligent Eye’s status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial or business purposes.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site and our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. SITE CONTENTS

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

  1. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. HOW WE WILL TREAT YOUR PERSONAL DETAILS

We will treat all information disclosed by you through the Site as confidential and such information will only be processed in order to provide the Services. 

All information that we hold about you will be collected, held and processed by Diligent Eye strictly in accordance with the provisions of the current data protection legislation, including the General Data Protection Regulation 2016 and any successor to the Data Protection Act 1998 and any applicable data protection laws.

We will process your personal data only where there is a lawful basis to do so, such as when it is necessary for us to provide our Services or where we have consent or legitimate interest.

We will use your personal data to administer our relationship with you as a customer subscribing to our Services, including sharing your personal information with our Business Partners and other key third parties that may supply or provide services to us.

We will not, without your consent, supply your name and personal details to any other third parties except where (1) such transfer is a necessary part of the activities that we undertake, or (2) we are required to do so due to a legal obligation.

We will never send you marketing communications, including emails, of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link.

As an individual, you have various rights, such as to obtain information from us, including a description of the data that we hold about you and a copy of such data. Should you have any queries concerning this right or any other rights, please contact us at admin@diligenteye.com

Diligent Eye may use anonymised comments and feedback given on the Site or through surveys for the purpose of quality control of the Services, improving the Services, marketing and general monitoring of the Services.

  1. USE OF THIRD-PARTY COMPONENTS

We use the following third party components (“Third Party APIs”) with our Site for the purposes stated:

 

Use of Third-Party APIs will be governed by the terms and conditions of the relevant third party.  Diligent Eye shall have no liability for your use of Third-Party APIs.

  1. USE OF THE SITE AND SERVICES

Diligent Eye reserves the right to deny any person access to the Site or Services that behaves in an abusive or inappropriate manner. In such cases, we reserve the right to terminate your use of the Site and access to any Services.

  1. CHARGES

Report Service and Bespoke Service fees are payable in accordance with the relevant Service Terms and Conditions.

  1. 18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and a breach of the terms implied by the Consumer Rights Act 2015.

Please note that we only provide our Site and Services for domestic and private use. You agree not to use our Site for any commercial or business purposes, without prior permission and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Diligent Eye is not liable for any delays that are outside of our control in the provision of the Services.

We are liable to you for loss or damage if it was a foreseeable result of our breaking these Terms up to a maximum of the level of the Report Service Fee or the Bespoke Service fee (as appropriate).

If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content.  We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our use instructions or advice in these terms.

The Site and Services are designed to keep your data secure, and it is important that you follow the instructions and advice in these Terms or otherwise made known to you in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following such instructions and advice. 

  1. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and the Services will cease immediately.

  1. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact admin@diligenteye.com.

  1. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These Terms, their subject matter, and their formation, are governed by English law.  We both agree that the courts of England and Wales will have exclusive jurisdiction.

  1. GENERAL

Any notices you give us must be in writing and our address for notices is set out at the start of these Terms.  We may give you notice either by email or by post using the information you provide to us upon registration for the Site.

If any part or parts of these Terms shall be held unenforceable for any reason, the remainder shall continue in full force and effect. If any provision of these Terms is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

You may not assign or transfer any or all of your rights or obligations under these Terms.

If we fail to enforce any our rights, that does not constitute a waiver of that right.

 

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