FTI Consulting Tax – Bioscience Knowledge Portal
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
- Access Conditions
- This Bioscience Knowledge web portal (the “Web Portal”) is for use only by authorised users of the Web-Portal (“Users”). The Web-Portal is operated by FTI Consulting LLP (“FTI”) and only FTI is authorised to grant access to Users. Contributions to the content of the Web Portal are also made by experts on FTI’s Panel (each an “Expert” and together the “Experts”).
- All Users of the Web Portal shall be bound by these terms and conditions of use (the “Terms”). In order to gain access to the Web Portal, a User is required to confirm irrevocably and unconditionally their acceptance of these Terms by by ticking the box confirming ‘I have read and agree to the N-Site Terms & Conditions’ prior to registration. If the User does not accept these Terms, they should navigate away from this web page and the User will not be granted access to the Web Portal.
- Reliance on Information and Contractual Relationship
- All information, content, data, documents, advice, guidance or other materials made available to a User on the Web Portal (the “Content”) is for a User’s informational purposes only and shall not be considered to be legal, tax, accounting or other advice. No Content should be relied upon by a User in any capacity or taken as a recommendation to a User or any third party to proceed with or to take or to refrain from taking any particular course of action. By accepting these Terms, a User warrants that it will not rely upon, or be induced to take or refrain from taking any action based on, the Content.
- Neither FTI, nor any of its parent or group undertakings, nor any Expert, member, director, officer, employee or advisor of any of them (an “FTI Person”) nor any Expert accepts any responsibility for the Content and do not accept liability or a duty of care to any User for the Content. No FTI Person or Expert shall have any liability whatsoever for the direct or indirect consequences of any action or inaction by a User in connection with the Content. Nothing contained in these Terms shall limit or exclude liability for fraud or fraudulent misrepresentation.
- The content uploaded to the Web Portal may contain links to other websites. We accept no responsibility or liability for the content of other websites which are not under our strict control.
- Where a User seeks to appoint FTI or an Expert formally to provide services to that User, such engagement will be subject to that User signing a separate contract for services with FTI or the Expert, as the case may be, using FTI’s or the Expert’s letter of engagement and standard terms and conditions of business.
- FTI shall be entitled, at its sole discretion, to amend, add to, remove, update or otherwise change the Content on the Web Portal at FTI’s sole discretion at any time and without notice to any User. Neither FTI nor the Experts shall be under any obligation to update any Content.
- The Content is based on information available to FTI and the Experts at the time when the Content is published on the Web Portal and does not take into account any new data, advice or other information which becomes known to FTI or an Expert after the Content is published. FTI and the Experts accept no responsibility for updating the Content or informing any User of any such new data, advice or other information.
- The Content, and any further information or opinions shared between a User and FTI relating to the Content shall be treated as confidential information (“Confidential Information“) and must be held in complete confidence by the User and documents containing any such Content, information or opinions may not be used, disclosed or copied other than with the prior written consent of FTI.
- These obligations of confidentiality shall not apply to any information which (i) was known to a User prior to being disclosed by FTI or an Expert through the Web Portal, or (ii) becomes publicly known through no wrongful act of a User, or (iii) is approved for release by written authorisation of FTI, or (iv) is rightfully received by the User from a third party which provided such information without breach of any separate confidentiality obligation and without restriction or subsequent disclosure, or (v) is independently developed without reference to the Confidential Information. In addition, Confidential Information may be disclosed to the extent required by court order or as otherwise required by law, provided that, to the extent legally permissible, the User notifies FTI promptly upon learning of the possibility of any such requirement and has given FTI a reasonable opportunity (and cooperated with FTI) to contest or limit the scope of such required disclosure.
- Access and User Logins
- Each User is provided with access to the Web Portal by entering its unique user name and password which are provided by FTI.
- Each User must treat its own username and password as confidential information and must not share the username and/or password with any other User or third party. A User must maintain the confidentiality of its username and password in order to ensure no unauthorised access to the Web Portal. If a User suspects that anyone other than the relevant User knows its username and/or password, that User must promptly notify FTI in writing.
- Intellectual Property
- FTI retains all intellectual property rights and other proprietary rights associated with the Web Portal and Content and expressly reserves all rights in respect of such rights. FTI grants to Users a royalty-fee, non-exclusive, revocable license to access the Content for informational purposes only. Save as otherwise expressly set out herein, the User acknowledges and agrees that it does not acquire any other rights in the Web Portal or the Content as a result of its access to the Web Portal.
- For the purposes of marketing FTI’s services and Web Portal, (unless the User has notified FTI in writing in advance that it may not do so) the User authorises FTI to disclose to any third party the fact that the User is a user of Web Portal and to include the User’s name and logo (or their employer’s name and logo) on FTI’s relevant marketing materials, including on Web Portal or otherwise.
- Nothing in these Terms excludes or limits FTI’s liability for death or personal injury arising from FTI’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- To the extent permitted by law, FTI excludes all conditions, warranties, representations or other terms which may apply to the Web Portal or any Content, whether express or implied.
- FTI will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect a User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the Web Portal or to the User downloading of any Content, or on any website linked to it.
- FTI does not guarantee that the Web Portal or Content will be: (i) free from errors or omissions; or (ii) secure or free from bugs or viruses.
- FTI does not guarantee that the Web Portal or Content will always be available or that access will be uninterrupted. Access to the Web Portal is permitted on a temporary basis and FTI may suspend, withdraw, discontinue or change all or any part of Web Portal or Content without notice. FTI will not be liable to any User if for any reason the Web Portal is unavailable at any time or for any period.
- FTI shall be entitled to terminate a User’s use of the Web Portal on written notice to a User of not less than seven (7) days.
- If FTI becomes aware that a User has breached, or reasonably suspects that a User may have breached, these Terms, FTI shall be entitled at its discretion to suspend or terminate that User’s access to the Web Portal with immediate effect.
- On termination of the User’s access to the Web Portal for whatever reason, FTI shall immediately revoke User’s access to the Web Portal and the User shall be required on demand from FTI to return to FTI or destroy all documents, records and other copies of Content stored or otherwise in the possession of a User in any medium.
- In no circumstances will FTI be responsible for any costs or expenses incurred by a User in accessing or use of the Web Portal and a User is responsible for making all arrangements necessary for the User to have access to the Web Portal.
- These Terms may be updated or varied from time to time by FTI without notice, so please re-visit this page frequently. Changes to these Terms are effective as of the stated “Last Update” and your continued use of the Web Portal on or after the Last Update date will constitute acceptance of, and agreement to be bound by, those changes.
- Any dispute or claim arising out of or in connection with a User’s use of this Web Portal or access to the Content or these Terms will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
This Web Portal Terms and Conditions of Use was updated April 2019 (“Last Update”).