Legal
This rather lengthy document contains Terms and Conditions relating to private investor access to the main ShareCrazy.com website, and our Subscription services. A separate set of Terms and Conditions relating to the ShareCrazy Trader online sharedealing site can be found by clicking here. This information will explain how the main ShareCrazy.com website can be accessed by you, how you can use the website and under what terms you can buy services and products from us. If you don’t agree to the terms and conditions set out here, you must not use the website. If you’d like further clarification of our terms & conditions, please call 08448 265996.
1. Information about ShareCrazy
2. Your Registration and Access to the main ShareCrazy website
3. Main ShareCrazy website – Crazy Board & Free Bulletin Board Content Standards
4. Main ShareCrazy website – Investment Warning and Risk Warning
5. Main ShareCrazy website – Private Investor Access (non professional)
6. Copyright and rights of ShareCrazy.com Ltd
7. Disclaimer
8. Privacy Policy
9. Terms of Supply for Subscription Services & main ShareCrazy website
10. Termination of the agreement – Distance Marketing Directive 2004
11. Non UK Access
12. Regulatory Statement
13. Governing Law
1. Information about ShareCrazy
The main ShareCrazy.com website and certain elements of the ShareCrazy Trader online sharedealing website is operated by ShareCrazy.com Limited, number 3901373. The company’s registered office and trading address is Henry Thomas House, 5-11 Worship Street, London, EC2A 2BH. Our VAT number is 754 9424 04.
Contact information regarding the main ShareCrazy.com website and certain elements of the ShareCrazy Trader online sharedealing website are as follows. Our general enquiry number is 08448 265996., our fax number is 020 7628 0889 and main email is crazyadmin@sharecrazy.com. Regarding postal communications with us, please address any correspondence to our trading address as stated above. Regarding the ShareCrazy Trader online sharedealing website, ShareCrazy.com Ltd, FSA registered number 215145, are Appointed Representatives of Rivington Street Corporate Finance Limited, an FSA authorised firm. We do not offer investment advice and the ShareCrazy Trader service we provide is administered by Jarvis Investment Management Plc, who are authorised and regulated by the Financial Services Authority. Rivington Street Corporate Finance is a member of The London Stock Exchange and Plus Markets.
FOR TRADING & ACCOUNT FUNDING ISSUES ONLY, please call 0845 070 1125 . For postal communications concerning your ShareCrazy Trader account, the address is ShareCrazy Trader, 2/3rd Floor, Henry Thomas House, 5 – 11 Worship Street, London, EC2A 2BH
2. Your Registration and Access to the main ShareCrazy website
We allow access to the main ShareCrazy website, but we have the right to withdraw or amend the services and information available, and/or cancel your Subscription services without notice. In the event of the above, ShareCrazy.com Ltd alone are responsible for the final decision. Some services on the main ShareCrazy website are free. The Subscription services offered by us require payment. Should you attempt to access certain services or areas on the main ShareCrazy website that are not free, you will see advertising and promotional initiatives to enable you to subscribe for these services.
Any person visiting the main ShareCrazy website wanting to purchase Subscription services or to post messages into the boards, must first complete a Freebie registration form, where we will ask you to provide information about yourself. This will then enable us to identify you when you visit the main ShareCrazy website. As soon as is reasonably practicable after registration we will email your personal Username and Password to enable you to access areas of the main ShareCrazy website compatible with details provided at point of registration or service upgrade. There is no charge to register for the Freebie services, neither is there any obligation to subsequently purchase Subscription services or other products/services that may be offered from time to time.
In relation to your use of the main ShareCrazy website you agree to:
(a) Keep your password confidential and not disclose it to anyone else. The password is absolutely non-transferable.
(b) Only one password is permitted per person. If you are found to have registered more than one password, you will immediately be banned from the service. Management of your password is your responsibility. If a message is posted onto the bulletin boards using your password, we will regard the post as posted by you, and therefore your responsibility.
© To indemnify us for all costs, liabilities, claims, losses (including loss of revenue) for any unauthorised use of your password.
(d) Immediately change your password if you have cause to believe or know for sure that a third party has discovered your existing password.
ShareCrazy.com Ltd reserves the right to immediately suspend your access to the main ShareCrazy website and services if we have reasonable grounds to suspect that you are in breach of this agreement.
ShareCrazy.com Ltd grant you a non-exclusive, non-transferable license to use the website and our services PROVIDED THE SERVICES ARE USED FOR YOUR OWN PERSONAL PURPOSES. Any actions, bulletin board posts, or other activities undertaken by you as a result of using our website and services are entirely your responsibility. If you become aware of any unauthorised use of our website or services, or any actual or suspected infringement of any of our intellectual property rights pertaining to the above, you must inform us as soon as possible.
You hereby agree not to use the main ShareCrazy website or services in connection with any unlawful or illegal purpose, or in a way that could or does bring ShareCrazy.com Ltd, its business, products, services, contributors or employees into disrepute. In addition, you agree to indemnify us against any and all damages, claims, losses, liabilities, expenses resulting from your misuse of the main ShareCrazy website, as well as linked or associated services.
ShareCrazy.com Ltd reserve the right to suspend or cancel your access to any part of the main ShareCrazy website should we become aware of any regulation, claim, condition or restriction in any part of the world which requires us to do. The same rights apply should we become aware of any claim or potential claim of liability pertaining to the above.
3. Main ShareCrazy website – Crazy Board & Free Bulletin Board Content Standards
We are sure you will appreciate that in order to operate our bulletin boards effectively and comply with the legal requirements, some rules have to be applied to the way we run them. Please read these conditions carefully. They govern the contributions you may or may not decide to make once you receive your personal Username and Password. When you contribute any information to our bulletin boards, you are accepting these conditions and agreeing that you will comply with them. A serious breach or repeated minor breaches will mean that we cannot accept further contributions from you and activity resulting in a breach of the Code of Market Conduct may in addition result in legal proceedings in accordance with the Financial Services & Markets Act 2000. The conditions are as follows:
(a) You must not post any message which might constitute investment advice or infringe any trade mark, copyright, or database right of any other person.
(b) You must not post any message which is or may be defamatory of anyone whether another contributor, the owner or manager of any company or any third party or any goods supplied by that company. Defamation can arise from derogatory comments about another person and damages for defamation can be high. If you are in doubt as to whether a statement is defamatory then do not make the statement. If action is taken against ShareCrazy.com Ltd as a result of defamatory statements made by a contributor, ShareCrazy.com Ltd will consider claiming compensation from the contributor.
© You must not post information which is or is purported to be “inside information”.
(d) You must not post any messages which would have the effect of “ramping” or “shorting”. This is the use of information intended to impact the performance of a company’s share price with the intention of misleading others into a course of action that acts to the benefit of the initiator but the detriment of those acting upon the information. Ramping is when the intention is to drive up the company’s share price and shorting is when the intention is to drive down the company’s share price and obviously any breach of this rule may carry the liability to further legal proceedings.
(e) You must indicate in any notice you post if you have or anticipate or plan to have any interest in the company on which you are making comment but it is not necessary to disclose the extent of that interest.
(f) You must not post any material which could be construed as obscene or offensive.
(g) You must not post any message which might constitute an advertisement, an encouragement or a specific recommendation to trade in any specific security or which would constitute direct personal promotion or commercial advertising.
(h) You must not breach any other persons copyright. For example, to copy the full or even part of the text from a commercial information service is a breach of copyright and could result in legal action. However it is perfectly acceptable to refer to the existence of such a report and to its availability through normal commercial channels. If you are unsure whether to copy something would be a breach of copyright, err on the side of safety and do not copy it onto the site.
(i) You must not post any information in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence.
(j) You must not post any material likely to deceive any person.
(k) You must not post any material likely to upset, annoy or unduly alarm any person.
(l) You must not post any material likely to disrupt our service in any way.
(m) You must not post any material that could be construed as originating from ShareCrazy.com Ltd or it’s associates.
(n) You must not through use of the bulletin boards or the main ShareCrazy website in any way help, advocate promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Please also note the following:
(a) Any bulletin board message which is deemed by ShareCrazy at our discretion to be unacceptable will be removed.
(b) You are responsible for the messages and information you cause to be displayed on the message board. If a posting contravenes any of these rules or becomes the subject of legal proceedings or enquiry by regulatory authorities ShareCrazy may be required to disclose the identity of the person posting the message.
© Others may not always share your views and it is the essence of freedom of speech in a civilised society that they are entitled to their own opinions.
(d) You are aware that by using the ShareCrazy bulletin boards you are liable to see information about companies, their performance and the performance of their shares. Any action you take influenced by such information is your responsibility and its display on the ShareCrazy bulletin board is not a guarantee of its authenticity. You are responsible for checking validity of information presented and you use the information at your own risk.
(e) Links to the ShareCrazy home page may created or applied, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. Most importantly, you must NOT establish links that suggest any form of association, approval or endorsement on our part where none exists. The ShareCrazy website must not be framed on any other website, nor should you establish a link to any part of the Website other than the home page. ShareCrazy.com Ltd reserve the right to withdraw, amend or alter the permission granted above without notice.
(f) The main ShareCrazy website contains links to various websites and other resources provided by third parties. ShareCrazy.com Ltd provide these links for your information only, but have no control over the contents of websites or resources available through those links, and accept no responsibility for them or for any loss or damage resulting from your use of them.
Please note the following. Whenever you make use of a feature that allows you to upload material to the main ShareCrazy website to make contact with other users of the Website you must comply with these Content Standards. You hereby certify that any such contribution does comply with those standards and you agree to indemnify us for any breach of this.
(g) ShareCrazy provides a Private Message system as part of our bulletin board facility. Due to past abuse of the Private Message system on the previous website by certain rogue individuals, and following requests and complaints from members, the PM system is now scanned regularly as a matter of course to protect our members and to prevent spamming and other forms of message abuse.
4. Main ShareCrazy website – Investment Warning and Risk Warning
The Main ShareCrazy website and Subscription services are:
(a) Provided for your general information and use and are not intended to cater specifically for particular requirements.
(b) Not to be relied upon in regard to making or not making any investment decisions. If in doubt you should obtain independent financial advice.
© You run an extra risk of losing money with “penny shares”. There is a big difference between the buying price and the selling price of these shares. The full penny share risk warning can be linked to here.
(d) The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance cannot be relied upon as a guide to future performance.
The directors and employees of ShareCrazy.com Ltd may from time to time hold a position in one or more of the investments mentioned on the site. We may also, (to the extent permitted by law) act on the information received before or after publication.
5. Main ShareCrazy website – Private Investor Access (non professional)
The main ShareCrazy website may not be used for commercial purposes, either directly or indirectly. By entering into this agreement, you agree and hereby certify that you will at all times be acting as a private investor (non professional) and not in the course of any employment, trade or profession which you may carry on.
The directors and employees of ShareCrazy.com Ltd may from time to time hold a position in one or more of the investments mentioned on the site. We may also, (to the extent permitted by law) act on the information received before or after publication.
You are classed as a private investor if you meet all of the following criteria for the entire duration of your subscription.
(a) You are subscribing to the service in a personal capacity.
(b) You are not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognized professional body.
© You do not currently act in any capacity as an investment advisor.
(d) You use the service solely in relation to the management of your personal funds and not as a trader or an advisor to the public or to the investment of corporate funds.
(e) You do not distribute, republish or otherwise provide any data from the service to any third party in any manner.
Data generated about you through your application for subscription services is designed to cover individuals and will be maintained in the customer’s name and not in the company name UNLESS your application is on behalf of a share club or private investment club operating on a non-professional basis.
For further investment and risk warning information concerning the ShareCrazy Trader online sharedealing website, please view our terms and conditions here. Please note the ShareCrazy Trader online sharedealing website is not available for investment clubs.
6. Copyright and rights of ShareCrazy.com Ltd
The content of this Site is the property of ShareCrazy.com Ltd and is protected by copyright and other intellectual property laws. It may be re-formatted or printed for personal use only. By copying from it you agree not to re distribute in any form, the content of this Site to anyone without obtaining written consent from ShareCrazy.com Ltd. Also you may not post any content from this Site to newsgroups, mail lists or other bulletin boards without the prior written consent of ShareCrazy.com Ltd.
This copyright extends from original ShareCrazy.com Ltd material, to the compilation of posts on our message boards, to edited and filtered compilations of posts that are sold or distributed.
ShareCrazy.com Ltd reserves the right to republish the material contributed to the site. By posting a message to our bulletin boards, a subscriber expressly grants the right to ShareCrazy.com Ltd to republish or sell the message in a format considered suitable by the ShareCrazy team. The author will however receive due recognition in any republished works.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of ShareCrazy.com Ltd or other companies. “ShareCrazy” and “Joe Public” are registered trademarks in the UK. The contents of this area are the sole property of ShareCrazy.com Ltd. Reproduction in whole or in part are strictly prohibited without explicit written permission, OR such reproductions are attributed to “ShareCrazy.com” and include any copyright or other proprietary notices and disclaimers applied by us. ShareCrazy.com Ltd own and are the authorised licensee of the copyrights and other intellectual property rights in the main ShareCrazy.com website and ShareCrazy Trader online sharedealing website. The website and services are protected by copyright laws and treaties around the world.
For further copyright information concerning the ShareCrazy Trader online sharedealing website, please view our terms and conditions here.
The input into our website from data providers, newsfeed, contributors and other sources is believed to be reliable, but subject to change without notice. Neither ShareCrazy.com Ltd, nor our data providers and affiliates guarantee or certify the accuracy or completeness of information seen on the site, neither do they accept any liability for loss, without limit loss of profit and consequential loss, or damages should such information be used or relied on in any way. It also follows that information or opinions on the site do not in any way constitute offers or recommendations from ShareCrazy.com Ltd to in any way have dealings in or hold any interest in any form of investment.
Similarly, ShareCrazy.com Ltd does not undertake or confirm the accuracy of any information on websites that may be linked to the solus emails we send to our members. Neither do we endorse, recommend or guarantee as accurate products advertised by other companies via our solus email service.
The information is provided on the site to help investors make decisions in regard to their investments. The information does not constitute personal investment recommendations; neither will it be suitable for all investors.
The main ShareCrazy website, and information and material made available is supplied as is, and is subject to changes, amendments and updates from time to time. No notice will be supplied as regards the timing and implementation of such changes or updates, but by using the website you agree to our system of operation. The material and information viewed on the main ShareCrazy website is supplied on an if available basis, and ShareCrazy.com Ltd hereby exclude and disclaim all warranties, conditions, representations and terms, whether detailed or implied by statute, common law. In addition, no guarantee or warranties are made that the main ShareCrazy website and services are free from infection by viruses or anything else that holds potentially damaging or destructive properties.
Investments referred to on the site may incur tax liabilities. ShareCrazy.com Ltd does not provide tax advice. The value of investments can fall as well as rise. Past performance is not necessarily a guide to future performance.
None of the investments, associated services or instruments appearing on the site are available in any country where they would be contrary to local law.
Whilst the internet is a new and exciting medium, it is by no means completely reliable. Transmission of information over the internet may be subject to delays over which ShareCrazy.com Ltd have no control, and which may subsequently interrupt provision of information and services or access to the website. Consequently ShareCrazy.com Ltd do not accept any liability for loss, without limit loss of profit and consequential loss, or damages as a result of inability to access the site or inability to transmit information to, or receive information from the site. However, nothing in this agreement excludes or limits our liability for:
(a) Death or personal injury caused by our negligence (or that of our employees, agents or directors).
(b) Fraud.
© Any liability which may not be limited by or excluded by law.
For disclaimer information concerning the ShareCrazy Trader online sharedealing website, please view our terms and conditions here.
This is to let you know what we do with the information we collect when you register for our free services and Subscription services on the main ShareCrazy website. At point of registration for Freebie membership or upgrading to subscription services, we collect information from you. You can also supply us with further optional information if you so wish. ShareCrazy will then use this information to improve the service and for general statistics.
We are required by the Data Protection Act 1998 to follow strict procedures to protect customer information. ShareCrazy.com Ltd are the registered data controllers for these purposes. Any disclosure of personal details will only be made in accordance with current legislation and it’s interpretation by case law from time to time.
Transactions undertaken on the main ShareCrazy website relating to subscription payments and/or other items or services purchased from us are conducted via third party secure servers based on the SSL (Secure Socket Layer) encryption standard. When paying for services and other items on the ShareCrazy website, your card details are processed by WorldPay secure payment services. Accordingly we do not store or collect records of your credit or debit card numbers on our servers. All credit and debit card records are held on WorldPay’s secure servers.
We do not pass on the information we collect about you to any third parties, but we may contact you directly to inform you about other carefully selected companies whose products and services we think may be of interest to you. We may also forward surveys and other documents to you for research purposes. You do not have to respond to these documents, but thank you in advance if you do. We may use the information we collect from you to ensure that content from the main ShareCrazy website is presented in the most suitable way for you and for your computer.
We may class the information we collect about you as an asset in the event ShareCrazy.com Ltd or it’s assets are acquired by a third party.
If you’d rather we didn’t use your information in this way, please email 2/3rd Floor, crazyadmin@sharecrazy.com or write to: The Data Controller, ShareCrazy.com Ltd, Henry Thomas House, 5-11 Worship Street, London, EC2A 2BH.
ShareCrazy.com Ltd derives revenue from advertising banners, buttons and other online advertising instruments, but clicking on these advertisements or instruments will result in you leaving the main ShareCrazy website. ShareCrazy.com Ltd cannot verify the accuracy of products or services appearing on these advertisements or instruments, neither can we verify the privacy policy operated by the companies offering the said products or services.
USE OF ‘COOKIES’ ON THE MAIN SHARECRAZY WEBSITE AND SHARECRAZY TRADER ONLINE SHAREDEALING WEBSITE – EU PRIVACY & ELECTRONIC COMMUNICATIONS DIRECTIVE
When you visit the ShareCrazy website, ‘cookies’ will be stored on your computer’s hard drive. ‘Cookies’ are small pieces of information that are stored on your computer’s hard drive by your browser, which allow us to store your details and identify you when you visit the main ShareCrazy website. Some free services and the subscription services provided on the main ShareCrazy website will only operate if the cookie function on your computer is enabled. Disabling the cookie function on your computer means you will be unable to access most areas of the main ShareCrazy website.
We also use cookies on our ShareCrazy Trader website to ensure that when you log into your online dealing account that you are the account holder and we can ensure your account security. As ShareCrazy Trader is defined as a ‘Transactional’ site under the directive we will be unable to offer you the ShareCrazy Trader account services if you remove the cookies from your computer as you will be unable to use the site securely.
9. Terms of Supply for Subscription Services and other items or services on the main ShareCrazy website
Before purchasing a Subscription package and/or other items or service appearing on the main ShareCrazy website, we draw your attention to the following conditions, and ask you to confirm your acceptance by ticking the box on the registration page. You should understand that refusing to accept these conditions means you will not be able to order any of the services or items from the main ShareCrazy website.
(a) When you have chosen your required Subscription service, the payment must be made in advance as follows:
A Supermarket account equates to £3.99 per month + VAT, totalling £56.26 for the year. Payments are divided into four quarterly advance payments of £14.06, the first payment collected at the time of registering and the remaining three quarterly in advance.
A Supermarket Plus account equates to £9.75 per month + VAT, totalling £137.47 for the year. Payments of £11.46 are collected monthly in advance, the first payment collected at the time of registering and the following payments on or around the same date of each month in advance thereafter.
In the case of Supermarket & Supermarket Plus payments, we will continue to take your fee from the card details you have registered with us until such time as the agreement is cancelled by either you or us, or your card expires.
(b) If you do not respond within 10 days of our email, we reserve the right to suspend your access to the Subscription Service. Access will be restored on receipt of your new credit/debit card details.
© If the debit/credit card details you supply us are refused for any reason, we will notify you by email and suspend access to the Subscription Service until you inform us that we can restart payments from your debit/credit card.
(d) This agreement is defined as an Initial Service Agreement as defined by the Distance Marketing Directive 2004. This gives you the right to cancel within the first 14 days and receive a full refund of your Subscription payment. After 14 days, the contract continues as a successive operation.
(e) You may also pay by cheque for Subscription services. Upon clearance of your cheque, we will activate your account and send you an emailed acceptance of your details.
(f) If you cancel your Subscription, the following will apply. The fees for Supermarket accounts are deducted from your debit/credit card on a quarterly basis in advance, so accordingly the quarterly fee will be payable to the end of the quarter in which the cancellation is made. The fees for Supermarket Plus accounts are deducted from your debit/credit card on a monthly basis in advance, so accordingly the monthly fee will be payable to the end of the month in which the cancellation is made.
(g) Events policy: After booking your Crazy Day event, as defined by the Distance Marketing Directive 2004, you have the right to cancel within the first 14 days and receive a full refund of your Crazy Day’s event payment. After 14 days, should you cancel your Crazy Day event, further refunds are made as follows:
(i) If due to unforeseen circumstances, ShareCrazy.com Ltd cancel or reschedule the Crazy Day event, a full refund will be offered or a place will be offered to you on the rescheduled event.
(ii) If you cancel 14 days or more after your booking, but AT LEAST 14 DAYS PRIOR to the event, 85% of the event fee will be refunded.
(iii) If you cancel between 14 DAYS OR LESS prior to the event, 35% of the event fee will be refunded.
(h) For information on payment data security, please see our Privacy Policy.
(i) All Subscription orders are subject to acceptance by us. You will receive an emailed acceptance as soon as is reasonably practical after your order is placed.
(j) The prices for Subscription services, goods and other items quoted on the main ShareCrazy website are liable to change at any time, but any changes will not affect orders already placed and confirmed, except in the case of obvious errors. The prices advertised for Subscription services, goods and other items exclude VAT.
(k) You can request information and details regarding your Subscription account at any time by contacting ShareCrazy on 08448 265996.
10. Termination of the agreement – Distance Marketing Directive 2004
This agreement is defined as an Initial Service Agreement as defined by the Distance Marketing Directive 2004. This gives you the right to cancel within the first 14 days and receive a full refund of your Subscription payment. After 14 days, the contract continues as a successive operation.
Following the first 14 days, you are entitled to terminate this agreement at any time. Your termination must be communicated to us by email to crazyadmin@sharecrazy.com. If you decide to cancel the agreement, you must supply us with at least 1 months notice. On receipt of your request to terminate this agreement, you will be liable to pay any outstanding charges as specified in clause 9 (f) of our terms and conditions. No refund will be made of charges already paid by you to us.
ShareCrazy.com Ltd may terminate this Agreement either:
1) Immediately, via notice supplied by us in writing, in the event that you are in breach of this agreement.
2) With not less than 1 month’s notice in writing at any time.
In the event of agreement termination by us under clause 2 above, we will refund you a sum as specified in clause 9 (f) of our terms and conditions. In the event of agreement termination by us under clause 1, you will not be entitled to any refund of charges. You also agree to immediately discontinue use of the main ShareCrazy website and the services following termination of this agreement for any reason.
Termination of this agreement by either party will not limit other rights or obligations arising prior to the date of termination. However, the restrictions detailed in the agreement will survive the termination.
ShareCrazy.com Ltd, its data providers and partners do not imply or make representation that the Subscription services or the availability of the Subscription services in any particular jurisdiction outside the UK is in compliance with any applicable laws or regulations. It follows that if such services are prohibited or restricted for any reason in your jurisdiction or to you (through your nationality, residence or otherwise), the services are not directed at you. Before using the Subscription services, if you are resident outside the UK, you must satisfy yourself that you are lawfully able to receive the services as provided. ShareCrazy.com Ltd, its data providers and partners accept no liability for any loss, without limit loss of profit and consequential loss, or damages should such information be used or relied on in any way.
ShareCrazy.com Ltd, FSA registered number 215145 is an Appointed Representative of Rivington Street Corporate Finance Limited, who are authorised and regulated by the Financial Services Authority, registered number 184761 and are members of the LSE and Plus Markets.
This agreement is prepared and applied in accordance with English law, and accordingly ShareCrazy.com Ltd and all parties will submit to the jurisdiction of the English courts. Additionally, should any term of this agreement be found or held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The term/terms in question will be replaced by valid and enforceable term/terms which correspond, as far as possible, with the original.
Posted by ShareCrazy on Jun 15, 07:55 PM in legal
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