Terms of Use

General

This website (“Website”) is owned and operated by Kalkine Limited (“Kalkine”, “we”, “us” and “our”).

Kalkine Limited is a private limited company, incorporated in England and Wales with registration number 07903332. Its registered office is at 52 Debden Road, Saffron Walden, Essex, CB11 4AB.

These Terms of Use (“Terms of Use”) contains the terms that govern your access and use of this Website , or our mobile or software application (together with the Website, the “Services”) and the equities research services, including accessing our digital subscriptions.

These Terms of Use should be read in conjunction with our Privacy Policy https://kalkine.co.uk/cms/privacy-policy for information on how user’s personal information is collected, used and shared. The Terms of Use and Privacy Policy together constitute an agreement between the user and Kalkine.

These Terms of Use are applicable only if you have purchased the digital subscription online via our Website/app and not through a telemarketing call (“Digital Subscription”). By continuing to use the services as set out below, you agree to these Terms of Use as they apply to our Services and you will enter into an agreement with us:

(a)  to access the Services;

(b)   to use any digital content or application published by Kalkine;

(c)   to register an account with Kalkine to access the content; and

(d)  that submitting payment constitutes an offer to buy a subscription that will only be accepted, and a contract formed when payment and details have been verified and access provided by Kalkine, and

acknowledging the collection, use and sharing of personal information in accordance with the terms of our Privacy Policy.

Regulatory status and client classification

Kalkine Limited is authorised and regulated by the UK Financial Conduct Authority (FCA) under firm reference number 579414.

Unless otherwise agreed in writing we will treat you as a retail client as such term is defined in the FCA Rules.

No advice

We are authorised and regulated by the FCA as a media firm on the basis that we will disseminate information about our views on investments through research papers and similar materials that are available through subscription. These research papers do not take into account the particular circumstances of our subscribers and therefore are not intended as investment advice which falls within the scope of the FCA Rules relating to suitability. If you are in any doubt as to whether the investments referred to in our research are suitable to your personal circumstances, you should obtain independent financial advice.

Opening your account

To be eligible to open an account and use our Services, you must: (a) be an individual who is at least 18 years old; (b) be capable of entering into a legally binding contract; (c) have a valid email address, phone number and home address; and (d) have a valid debit or credit card or UK bank account.

In opening an account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your email address and password. In the absence of notice from you that the confidentiality of your username and password has been compromised, Kalkine will be entitled to construe all activity on the Services using that Password as being for and on behalf of you and you agree to pay all fees so incurred and to take responsibility for all actions of persons using your Password. We are not responsible for any unauthorised access and use of your account unless we have failed to take reasonable steps to prevent such access or use.

Access to Digital Subscription

Kalkine will process activation of the Digital Subscription within a period of 24 hours, post we have successfully verified your payment and contact details; at which point we will send you an acknowledgement email with username and password to your account along with access information to your Digital Subscription. You must only use the Digital Subscription for your personal, non-commercial use and in accordance with these Terms of Use and any applicable law. You must notify us promptly if the security of your account information is compromised or you become aware of any unauthorised use of the Services, including Kalkine material provided with the Services.

Payments

• When you purchase a Digital Subscription, the price will be made clear during the order process. You agree to pay the price as notified at the time of your order, as well as any applicable taxes or processing fees charged by issuing bank/payment provider. Please note that the price may be rounded off to the nearest whole numerical value. All Digital Subscription charges are payable in advance.
• If your initial payment authorisation is revoked, your Digital Subscription will be terminated. We reserve the right to reject the Digital Subscription order at any time.
• Digital Subscription charges are based on the subscriptions purchased regardless of actual usage.
• It is your responsibility to provide correct and valid payment details. By submitting payment details you confirm that you are entitled to use those payment details. Unless specified otherwise under Refund policy and pricing, fees once paid are non-refundable.
• When you place an order, we will provide a secure (SSL, encrypted) connection and require you to submit only the information needed to complete and fulfil your order.
• If the payment for your Digital Subscription is unsuccessful for an order already accepted by us, we may notify you of such dishonour and immediately cancel your Digital Subscription.

Billing of subscription

You will be charged for your Digital Subscription at the beginning of the subscription via a valid credit card or other payment method. Further billing with continue in accordance with the payment cycle stated at the time of payment.

Kalkine Digital Subscriptions are renewed automatically at the end of each billing cycle. Before the end of the subscription period, we will inform you in advance of the expiry date of your current subscription cycle and forthcoming renewals; allowing you to cancel the subscription, if you so please.

For facilitating renewal, we will use your last used payment method to renew the subscription and you will be automatically charged the then-current price for your subscription. You agree to keep the payment method and other required information up to date. If your payment is not processed or your payment method returns invalid, we will intimate you of such invalidity and re-attempt to charge the payment in the next 24 hours. Upon three unsuccessful attempts to charge payment, your Digital Subscription will stand expired.

Pricing, Refund and Cancellation Policy

We can review and alter the prices for our subscription packages at any time. Any change to the prices will be displayed on our Website and duly communicated to you via an email notification.

If you are a first-time subscriber and decide to cancel your subscription within the first 14 days of purchasing it, you will be entitled to a full refund of the subscription fees. Refund within or after the 14 - day period shall not apply to: (i) An existing user of the service, upon auto-renewal of the service (ii) past subscriber of the service who previously subscribed to, cancelled and subsequently re-subscribed to the service. Please note, that refunds are only applicable where you comply with these requirements.

Requests for termination of subscription may be addressed to our Customer Service Department at [email protected], by calling +442045718550 or by post to Kalkine- 63 St Mary Axe, London EC3A 8AA. You may also request to close your account with us at any time [using these same details and we will confirm to you when this is complete.

Please note that only future charges associated with your subscription will be cancelled upon your request and you will not receive a refund for your current subscription cycle. Further, cancellation for Digital Subscription will become effective at the end of your current billing period only. You will continue to have the same access and benefits until the end of your current billing period.

If you prefer, you may, but are not obliged to, complete the form below and send it to us by e-mail to [email protected]:

To: Kalkine Limited

Tel no: +442045718550

I/we hereby give notice that I/we cancel my/our subscription contract

Purchased on: [insert date of subscription]

Customer Reference Number: [insert relevant customer reference number]

Your name (or the customer's name if different):

Your address (or the customer's address if different):

Date:

Intellectual Property Rights

All material published on our Services is owned or provided under licence by Kalkine. Our content on the Services and all paid subscriptions is intended for individual, non-commercial use only. The content on the Services and/or in our publications is not to be copied, reproduced, forwarded, or disclosed without our prior written permission.

All content other than user content, including all features, software, graphics, design, code, compilation of user content, aggregate reviews and ratings, and all other components of the Services remain the property of Kalkine or its licensors. Kalkine solely owns and shall retain, all rights, title, and interest in all intellectual property including without limitation, trademarks, service marks, logos, trade names, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship and Confidential Information.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted, are reserved by Kalkine.

You must not:

• systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Services;
• remove, change or obscure in any way anything on the Services or otherwise use any material contained on the Services except as set out in these Terms of Use;
• reproduce, retransmit, disseminate, sell, publish, broadcast, nor the Services and anything available from the Services be used in connection with creating, promoting, trading, marketing investment products without the express written consent of Kalkine or its information providers; or
• use the Services or content therein for unlawful purposes and you shall comply with all applicable laws, statutes and regulations at all times.

Unlawful activity

Kalkine has the right to investigate any breach or complaint about any violation of these Terms of Use by you. Kalkine will take any necessary action to protect itself and may report any unlawful activity to the relevant legal authorities.

Disclaimer to Accuracy of information

The information available on the Services has been prepared from a wide variety of sources, which Kalkine, to the best of its knowledge and belief, considers accurate. However, Kalkine does not warrant the completeness or accuracy of the information found in our Services. Please note that Kalkine is not in the business of rendering personalised advice and we strongly suggest you seek a registered financial advisor before acting upon any recommendation. All information represents our views at the date of publication and may change without notice. Please note that Past performance is neither an indicator nor a guarantee of future performance. The value of an investment and the income therefrom may vary, and investors may not receive back the invested amount as returns.

Quality of Service

To use your Kalkine membership, you require a computer with access to the internet.

The quality and availability of Kalkine reports may sometimes be affected or disrupted by factors outside of our control. Such factors can include interruptions to internet services suffered by Kalkine, you or other communications carriage service providers through which our Services are hosted, accessed or administered, lack of capacity and faults in other telecommunications networks to which we are connected.

We may change or withdraw some or part of the Kalkine Services from time to time. This may be because of changing laws, government policy, technologies, obsolescence, new or different product features or functionality, changing content providers and the need to remove, replace or modify content.

Termination and/or Suspension

Please note that if you breach these Terms of Use, we may take steps that could include:

• contacting you to notify you;
• immediately suspending your access to your account;
• taking legal action against you; or
• disclosing information to law enforcement or regulatory authorities as necessary for us to comply with our statutory or regulatory obligations.

We may also immediately suspend or end your access to your account, and if necessary, terminate these Terms of Use, if we reasonably believe that you have infringed any intellectual property in connection with the Services, there is a security risk to our network or systems or you are in breach of another agreement with us.

Our liability to you

Nothing in these Terms of Use shall affect Kalkine’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the provision of our Services are excluded.

Except for any legal responsibility that we cannot exclude or limit in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we will not be legally responsible (including, without limitation, by way of negligence) for any loss or damage you suffer arising from:

• the provision (or non-provision as the case may be) of any of our Services;
• your access to, or use or performance of our Website; or
• your access to, or use of (or failure to use) or reliance on information provided in or accessed via our Services, or Website,

in excess of the amount, if any, paid by you to us for use of our Services.

Neither Kalkine and/or its employees, directors, agents or associates guarantee the performance of any security or other financial product (or class of financial product) that is reviewed, recommended or opined on in any of our Services. You acknowledge that our Services have not been developed to meet your individual requirements, and it is your responsibility to ensure that they meet your requirements and that you will exercise your independent judgement in using any information or reports provided by us and you shall solely bear all the responsibility for your own investment decisions.

Kalkine, its directors, officers, employees, consultants, agents and affiliates) are not responsible for any loss or damage that is not foreseeable as a consequence of our breach or loss or damages for loss of business profits, business interruption or loss of business information , that may arise from the use of (or failure to use) or reliance on the Services.

Your liability to us

You will be responsible to us in respect of any loss, cost, damage or expense we suffer as a result of:

• your breach of these Terms of Use.
• your access to, or use or performance of our Services or Website in breach of these Terms of Use; or
• reliance by you on any information provided on or accessed via our Services or the Website contrary to these Terms of Use.

Waiver

• If Kalkine fails to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
• If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to that breach or subsequent or similar breaches.

Assignment and Transfer

These Terms of Use, and any rights and licences granted to you under these Terms of Use, cannot be transferred or assigned by you to a third party without our prior written consent . We may not agree to a proposed transfer without reasonable evidence that our rights and obligations under these Terms of Use will not be affected. You agree that we may transfer our rights and obligations under these Terms of Use to another organisation. We will always notify you if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.

Third-party rights

Unless expressly stated otherwise, nobody else has any rights under these Terms of Use. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these Terms of Use.

Severability

If any provision of these Terms of Use is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales and any disputes including non-contractual disputes or claims) arising out of or in connection with these Terms of Use will be dealt with by the English Courts.

Our Website and Services are directed at the United Kingdom (UK) audience, yet it may be accessible from outside of the UK. We do not warrant nor make any representation that our Website and Services complies with the laws (including intellectual property laws) of any country outside of UK . If you access our Website or Services from outside the UK, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website or Services.

Changes to Terms of Use

We may modify, update or otherwise alter the Terms of Use at any time. If we do, the new Terms of Use will be posted on our Website. We will notify you by email of the new terms if you have a Kalkine account and, unless we reasonably believe that the change is not to your disadvantage will provide you with reasonable notice of any changes.

Examples of reasons why we would need to make changes to these Terms of Use include:

• to reflect updates to the functionality, security, options of the Services;
• to reflect reasonable changes to the way we run our business because of a change in the financial services industries, in technology, or in the systems we use; or
• to reflect legal or regulatory requirements that apply to us.

Any change to the prices will be displayed on our Website and duly communicated to you via an email notification. Your subsequent or continued use of the Services and/or receipt of our emails will constitute your acceptance of any changes. If you do not accept the updated Terms of Use, you may not be permitted to continue to use our Services. As you are bound by these Terms of Use, we recommend that you periodically refer to them.

If you have any queries relating to these Terms of Use or wish to end your agreement to these Terms of Use because of one of the changes we make,  please contact our Customer Service Department by emailing at [email protected] or calling at +442045718550. You may also write to us at: Kalkine - 63 St Mary Axe, London EC3A 8AA.

Complaint Resolution

Kalkine is committed to providing a transparent and accessible service to everyone we deal with, and we hope to make your experience with us an excellent one. If you have a complaint about any of our Services, you are encouraged to contact us at +442045718550 with full details of your complaint. We will aim to resolve and provide a substantive response within three business days of receipt. If you're not happy with the response or you don't get an answer from the business, you may refer your complaint to the Financial Ombudsman Service.

Compensation

In the event that Kalkine were to fail when owing you money it is possible you could claim compensation under the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme up to a maximum of £85,000 (or such other value covered from time to time by the FSCS) for investment claims if Kalkine cannot meet the obligations it has to you. Further details are available here https://www.fscs.org.uk/.

Disclaimer:

The information provided by Kalkine Limited on this Website is general in nature and does not take into account any of your investment objectives, financial situation or needs. Before you make a decision about whether to acquire a financial product, you should obtain the Product Disclosure Statement from the product issuer. You should consider the appropriateness of information taking into account your own objectives, financial situation and needs and seek independent financial advice before making any financial decisions.

Last Updated: 4 September 2024