Company Details (Contracting Party)

Terms & Conditions

Morgan Hedge Terms and Conditions Premium Membership / Database Download

The general terms of use as well as the disclaimer apply in full.

The Morgan Hedge databases of fund / investment information are protected by both copyright and database right. Morgan Hedge has made a substantial effort and investment in obtaining, verifying and presenting the contents of the database and these terms and conditions prohibit the extraction or re-utilisation of the contents of the database or parts of it.

Pricing: The subscription price for the Premium Membership is set out on the pages which contain our subscription process. You can take out either an annual, quarterly or monthly subscription which will automatically renew if not cancelled within:

30 days prior to expiration of the yearly subscription period or
15 days prior to expiration of the quarterly subscription period or
5 days prior to expiration of the monthly subscription period

The price for the database download is set out on the pages which contain the subscription process. The database is available as a one time download or with a one year subscription including bi-monthly updates.

Morgan Hedge will notify you in advance of any price increases. If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. No more than one free trial per subscriber is allowed. We reserve the right without notice and at any time to terminate any free trial. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

1. Access and Use
Morgan Hedge is split into three sections. Areas and levels of access that are: (1) accessible to all; (2) accessible to registered users; (3) accessible to paying subscribers (premium membership). Permitted Use: All Morgan Hedge Content belongs to Morgan Hedge or its licensors. Morgan Hedge or its licensors own all intellectual property rights (including copyright and database rights) in the Morgan Hedge Content and any selection or arrangement of the Morgan Hedge Content. You may for your personal, non-commercial use: · retrieve and display Morgan Hedge Content on any compatible device; · print a single copy of individual articles or reports on paper (but not photocopy them); · store such articles or reports in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network); and Restrictions on Use: You may not use Morgan Hedge for any unlawful purpose. 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 Morgan Hedge Content. Without limitation, you may not do any of the following without prior written permission from Morgan Hedge (and neither may you allow a third party to do any of the same): · create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Morgan Hedge Content (by spidering or otherwise); or · frame, harvest or scrape the Morgan Hedge Content or otherwise access the Morgan Hedge Content for similar purposes.

2. General
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

3. Paid For Services
Morgan Hedge operates the following "PAID FOR" services: Morgan Hedge PLUS Membership, Morgan Hedge Database Download. The Paid For Service grants only the person who registered for this service the right to view certain content. You may neither grant access nor pass on login information to third parties nor reproduce or redistribute any content and data. By subscribing to receive this Paid For Service, as well as the above terms and conditions, you are also agreeing to the terms in this Section 1. Morgan Hedge reserves the right to vary or terminate the Paid For Service(s) and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.

You agree to pay any subscription fees in full and in advance for the entire subscription period at the rates in effect when the charges are incurred. You must provide us with complete and accurate payment information. You can pay by credit card or bank transfer. By submitting your payment details you warrant that you are entitled to purchase the Paid For Service using those payment details. In the case of unauthorised payments Morgan Hedge reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services. We may also immediately terminate or suspend your access to any Paid For Services if you grant third parties access to the Premium Membership Content.

Morgan Hedge will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. Morgan Hedge makes no offer, either to enter into a subscription contract or to provide any other good or service. Morgan Hedge reserves the right to reject any offer for any reason and without giving any reason. A contract with you for receipt of the Paid For Services will come into effect when Morgan Hedge confirms this to you. Morgan Hedge may use third parties to assist in the provision of the subscription services.

There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, Morgan Hedge reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you. As described in these terms and conditions, some Morgan Hedge Content is made available as part of a paid for subscription service. You are not permitted to deliberately attempt to access that content without paying the applicable subscription fee. Any attempt to do so is a breach of these terms and conditions and may also consititute an offence as a matter of law. Morgan Hedge fully reserves all rights it may have to enforce its rights under these terms and conditions or at law (any failure to do so is not a waiver of these rights). You may use Morgan Hedge in a professional capacity under the same conditions private access is granted. Refund Policy: If Morgan Hedge stops offering the Paid For Service or Morgan Hedge is unable to deliver the Paid For Service the portion of the unused Service will be refunded. In other cases where the subscriber stops using the service or Morgan Hedge terminates the Service due to violation of these terms all payments made in advance are non-refundable.

LIMITED WARRANTY
What we can guarantee: MORGAN HEDGE SHALL DEVELOP AND OPERATE HEDGEWEB.NET WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE. What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, MORGAN HEDGE DOES NOT GIVE ANY WARRANTIES IN RESPECT OF HEDGEWEB.NET OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH HEDGEweb.net. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Morgan Hedge 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 DO WE PROVIDE ANY WARRANTY THAT HEDGEweb.net IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. OUR LIABILITY EXCLUSION TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT Morgan Hedge WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF HEDGEweb.net (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING HEDGEweb.net 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 Morgan Hedge 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 HEDGEweb.net. YOUR REMEDIES Morgan Hedge SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN HEDGEweb.net OF WHICH IT IS AWARE. YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF HEDGEweb.net (TO THE EXTENT THAT Morgan Hedge'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS: · IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF HEDGEweb.net. THIS IS SUBJECT TO A LIMIT EQUAL TO THE FEE PAID BY YOU TO Morgan Hedge PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES. · IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN HEDGEweb.net, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF HEDGEweb.net. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL Morgan Hedge SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL Morgan Hedge SUBSCRIPTION FEE. The above disclaimers and restrictions on liability apply equally to your use of HEDGEweb.net and all Morgan Hedge Content.

Services are provided by:

VIImedia S.A.
BPM 195110
34, rue Gabriel Lippmann
L-5365 Munsbach

Phone: +352 2020 2124
Fax: +352 2020 2227

Payment Services are provided by:

PayPal
2211 North First Street
San Jose, California 95131

PayPal
12312 Port Grace Boulevard
La Vista, Nebraska 68128

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
Phone: +353 1 436 9003

Our Refund Policy

If you are a private individual (consumer) we grant you a 14 day period to cancel your contract with us.
A cancellation must be made in writing via mail, Email, or telefax within 14 days from the contract date.
If an order is cancelled within this period Morgan Hedge will refund your money either via crediting your credit card or by money transfer to your bank account.
Your right to cancel the contract is waived if Morgan Hedge provides their services before the 14 day period or if you use these services before the end of the 14 day period (i.e. download, login etc.)
Any data retrieval or download that is only available from the paid-for membership section constitutes a use of our services and waives your right to cancel the contract. The customer declares that any download or login is an explicit consent to use the services before the end of the cancellation period and thus to waive his/her right to cancel the contract.