STANDARD TERMS AND CONDITIONS FOR ONLINE SUBSCRIPTION SERVICE

MOWO is the trading name of Red Horse Management Ltd., registered in England No. 07536096. UK VAT Registration No. 854 3850 09

Registered Address 8 Wybourne Rise, Tunbridge Wells, Kent TN2 5JG

MOWO provides a subscription service that allows our members to access the MOWO Database over the Internet. These Terms of Use govern your use of our service. As used in these Terms of Use, “MOWO”, “our service” or “the service” means the service provided by MOWO for accessing MOWO content.

Membership.

Your MOWO membership will run for an initial period of three months after which it will continue month-to-month until terminated. To use the MOWO service you must have Internet access and provide a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Unless you cancel your membership before your monthly billing date, you authorise us to charge your next month’s membership fee to your Payment Method.

Billing.

The membership fee for the MOWO service and any other charges you may incur in connection with your use of the service, such as taxes, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month.

Payment Methods.

You can change your Payment Method by visiting our website and clicking on the “Your Account” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For some Payment Methods, the issuer of your Payment Method may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

Cancellation.

You can cancel your MOWO membership at any time after the initial three months minimum subscription period, and you will continue to have access to the service until the end of your monthly billing period. Payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period.

This Agreement may be terminated by MOWO prior to the end of the Subscription Period if the Subscriber is in material breach of this Agreement and has failed to rectify such breach within 30 days of receipt of notice of the same; or enters into any composition or arrangement with its creditors or enters into liquidation whether compulsory or voluntary (other than for the purposes of solvent reconstruction or amalgamation) or has a receiver or administrative receiver appointed over all or any part of its assets or a petition is presented for an administration order or (being an individual or partnership) becomes bankrupt.

Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

Supply of MOWO Content. MOWO Content is made available to the Subscriber via the Service subject to the following conditions:

MOWO Content shall only be used by the Subscriber, on the Subscriber’s internal networks, for the Subscriber’s normal commercial purposes;

The Subscriber shall not allow anyone other than the Authorised Users to access the Service, shall procure that passwords are not shared and shall not demonstrate the MOWO Service to any third party in a way that might constitute redistribution;

The Subscriber shall ensure that MOWO Content is not copied, distributed, published, transmitted, sold, licensed or otherwise used in any manner whatsoever without MOWO’s prior written consent.

Copyright and intellectual property rights in the Licensed Information are owned by MOWO or its suppliers and are protected by United Kingdom copyright laws and international treaty provisions and the Subscriber acknowledges that it has no rights therein except as set out in this Agreement.

Equipment.

The Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto.

The Subscriber acknowledges that the speed of the Service will depend upon the specification and quality of the Subscriber’s own connection to the Internet and the extent of the Subscriber’s use of the Internet. Accordingly, MOWO cannot guarantee the speed of delivery of MOWO Content on the Service.

The Subscriber acknowledges that the amount of MOWO Content it can receive depends on the storage capacity of its own servers.

Disclaimer of Warranty, Limitation of Liability.

The Subscriber expressly acknowledges and agrees that use of the Service is over the Internet and at the Subscriber’s sole risk.  Neither MOWO, its associated companies nor any of their respective employees, agents, third party content providers or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the speed of delivery of the Service, the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any MOWO Content provided through the Service.

The Service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.

In no event will MOWO be liable for any damages arising out of the use of or inability to use the Service.

Under no circumstances will MOWO be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through the Service. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service.

Prior to the execution of a stock trade, you are advised to consult with your broker or other financial representatives to verify pricing or other information.  MOWO, its associated companies, information providers or content partners shall have no liability for investment decisions based on the information provided.

In addition to the terms set forth above MOWO shall not be liable for any loss of income or for any indirect, special or consequential loss or damage of any kind howsoever arising in respect of the supply of the MOWO Content and Service.

MOWO’s entire liability and the Subscriber’s sole remedies whether in contract, negligence or other tort shall not exceed the Annual Fee.

Subscriber Conduct.

The Service may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the copyright laws of England and Wales. MOWO owns a copyright in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.  The Subscriber may download copyrighted material for the Subscriber’s personal use only.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of MOWO and the copyright owner.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.  The Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

However reasonable usage terms apply in that Subscriber may publish limited amounts of MOWO Content in external or internal research publications and presentations, as created in the normal course of business, without prior permission. Such content should be attributed to MOWO. The permission is provided on the condition that the Subscriber shall not employ or disseminate such an amount of MOWO Content which could cause the information so used or distributed to be susceptible to use, substantially as a source of, or a substitute for, the service provided by MOWO.

Monitoring.

MOWO shall have the right, but not the obligation, to monitor the use of the Service to determine compliance with this Agreement 

Indemnification.

The Subscriber shall defend, indemnify and hold harmless MOWO, its associated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the Service by the Subscriber or the Subscriber’s Account.

Force Majeure.

MOWO shall not be responsible for any loss or damage sustained by the Subscriber due to any failure or delay in the fulfilment of MOWO’s obligations hereunder where such delay results from any cause whatsoever beyond its reasonable control.

General.

MOWO may assign or sub-contract any or all of its rights and obligations under this Agreement to any third party without the prior written consent of the Subscriber.

MOWO Standard Terms and Conditions for On-line Service will remain in effect throughout the Subscription Period.

This Agreement shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction.

These Terms and Conditions shall constitute the entire agreement in respect of such subscription, superseding all representations, proposals, agreements or communications between MOWO and the Subscriber, whether oral or written, in respect thereof.

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