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Dow Jones Terms of use

Author: Dow Jones

Published: 26 Mar 2015

The following terms of use apply to the client screening service which is provided by the ICAEW Library & Information Service using the Risk & Compliance database from Dow Jones.

Thanks for using our services (“Services”). These terms of use (“Terms of Use”) shall apply to your use of the Service, and by using our Services and/or accessing the Information, you are agreeing to these Terms of Use.

“Information” means personal data (full name, maiden name or AKAs, place and date of birth, country of residence and country of citizenship, occupation and information on additional roles and the relationship (if applicable) to a public figure) compiled and maintained by Dow Jones on data subjects, including Politically Exposed Persons (PEPs) and Special Interest Persons (SIPs) which includes individuals due to his/her prominence in the news owing to his/her involvement in selected criminal activity.

“Dow Jones” means Factiva Limited, a company incorporated in England and Wales under number 3773253 and with registered address at The News Building, 1 London Bridge Street, SE1 9GF London, England, acting on behalf of Dow Jones & Company, Inc. and any of its affiliated companies;

“ICAEW Library User” means a user of the ICAEW Library;

“ICAEW Library” means the library and information service that provides enquiry and information services and collection of books, journals and electronic resources on accountancy and business. The ICAEW Library is part of Chartered Accountants' Hall.

1. Licence

1.1  The Information contain data derived from publicly available sources, and will be up-dated as updates are received by Dow Jones. Dow Jones retains control and ownership of the form and content of the Information, and although Dow Jones may alter the Information from time to time, its fundamental nature will not be changed. By using the Services and accessing the Information, you will not acquire any ownership rights in the Information.

2. Terms of use

2.1  You shall use the Information in strict compliance with applicable laws and regulations within the jurisdictions in which it accesses and uses the Information. You shall access the Information only if you have been authorised and in any case only for the legitimate interests and particularly for the purposes of assisting in complying with legal duties and regulations which apply to the ICAEW Library User such as due diligence, anti-money laundering, “know your customer” compliance or similar regulatory screening obligations.

2.2  Except to the extent permitted or required for your permitted use under section 2.1, you shall not: (a) reproduce, distribute, display, sell, publish, broadcast or circulate the Information to any third party, nor make the Information available for any such use; or (b) create or store in electronic form any library or archive of the Information save that, and notwithstanding anything to the contrary, you shall be entitled to retain copies of the Information necessary for archival, regulatory and/or compliance purposes.

3. Termination

If you are in breach of these Terms of Use, Dow Jones and the ICAEW Library may suspend your access to the Service without penalty.

4. Warranty and Limitation of Liability

4.1  You agree that your access to, and use of the Information is on an “as is”, “as available” basis and Dow Jones specifically disclaims any representations and warranties, whether express or implied, including without limitation, any representations or warranties of merchantability or fitness for a particular purpose. These Terms of Use do not give you any rights against third party information providers with respect to use of Information.

4.2  Without limitation of liabilities arising out of fraud or fraudulent representation or death and personal injury caused by negligence, Dow Jones will not be liable to you or any other person as a result of your access to or use of the Information whether for direct, indirect, consequential, special, incidental, punitive, including, without limitation, lost profits and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract or other theory of liability, even if any of the Dow Jones Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure or an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the Dow Jones Parties’ liability will be limited to the fullest extent permitted by applicable law.

5. General

5.1  These terms of use represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right or remedy under these terms of use shall operate as a waiver of any such right or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond their reasonable control.

5.2  These terms of use shall be subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts in England and Wales.

By using the Service, you: (i) agree to be bound by these Terms of Use; and (ii) warrant that you are over the age of 18 and are legally able to bind yourself to these Terms of Use.