Terms and Conditions
Using this website indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, do not use this website.
1. Information about NinetyTen Engage
The NinetyTen Engage website is operated by NinetyTen Limited, registered in England and Wales under number 05440465 and having its registered office and trading address at 7 Cork Street, London W1S 3LJ,
2. Registration and access to the NinetyTen Engage website
We allow access to the NinetyTen Engage website, but we have the right to withdraw or amend the services and/or information available without notice, in its absolute discretion. The networking, notice board and other social media features are provided free of charge. In order to post messages, network with other members and generally participate in the NinetyTen Engage network and community, you will need to register with us visit at the NinetyTen Engage website. As soon as it is reasonably practicable after registration, we will email confirmation of your registration back to the email address you have supplied to us with. There is no charge to register for the NinetyTen Engage website.
In relation to your use of the NinetyTen Engage website you agree to:
- Keep your PASSWORD confidential and do not disclose it to anyone else. The PASSWORD is non-transferable. Only one PASSWORD is permitted per person. If you are found to have registered more than one PASSWORD, you will immediately be barred from using the NinetyTen Engage services. Management of your PASSWORD is your responsibility. If a message is posted onto the notice boards or across the network using your PASSWORD, we will regard the post as posted by you, and therefore your responsibility;
- Indemnify us for all costs, liabilities, damages, claims and losses (including loss of revenue) for any unauthorised use of your PASSWORD;
- Immediately change your PASSWORD if you discover or have cause to believe that a third party has discovered your existing PASSWORD.
NinetyTen Engage reserves the right to immediately suspend your access to the NinetyTen Engage website and services if we have reasonable grounds to suspect that you are in breach of these Terms and Conditions. NinetyTen Engage grants you a non-exclusive, non-transferable license to use the website and our services provided that the services are used for your own personal purposes. Any networking actions, notice 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 NinetyTen Engage website or services for or in connection with any unlawful or illegal purpose, or in a way that could or does bring NinetyTen Engage, 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 NinetyTen Engage website, together with linked or associated services. NinetyTen Engage reserve the right to suspend or cancel your access to any part of the NinetyTen Engage website should we become aware of any regulation, claim, potential claim, condition or restriction in any part of the world which requires us to do.
3. NinetyTen Engage website – Notice board and network messaging standards
In order to operate our network and notice board effectively and comply with all legal requirements, the following conditions in this section 3 apply to the contribution of any information to our network and notice boards. In adding any content to the NinetyTen Engage network and notice board you are accepting the following conditions and agreeing that you will comply with them. A serious breach or repeated minor breaches will allow us, in our absolute discretion, to refuse to 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:
- You must not post any message which might constitute investment advice or infringe any trademark, copyright or database right of any other person.
- You must not post any message that is or may be considered as 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
- NinetyTen Engage as a result of defamatory statements made by a contributor, NinetyTen Engage reserves all rights to claim compensation from the contributor and you agree to indemnify NinetyTen Engage against any and all damages, claims, costs, losses, liabilities and expenses which may arise as a result thereof.
- You must not post information that is or is purported to be “inside information”. Inside information is, under the Criminal Justice Act 1993, information which relates to particular securities, qualifying investments or related investments or to a particular issuer of securities, qualifying investments or related investments and not to securities, qualifying investments or related investments or issuers of securities, qualifying investments or related investments generally, is specific and precise, has not been made public nor is generally available and if it were made public would be likely to have a significant effect on the price of any securities, qualifying investments or related investments. If you are in any doubt as to whether information is or is not inside information, do not post such information on NinetyTen Engage's network and notice board. Misuse and/or unpermitted release of inside information by you is a criminal offence and may lead to criminal proceedings being brought against you.
- You must not post any messages that would have the effect of “manipulating” the markets, “ramping” or “shorting”. This relates to 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. The posting by you of a message to induce ramping or shorting is a criminal offence and may lead to criminal proceedings being brought against you.
- You must not post any material that could be construed as obscene or offensive.
- You must not post any message that 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.
- You must not breach any other person’s 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 being brought against you. If you are unsure whether to copy something would be a breach of copyright, do not post such information onto NinetyTen Engage's network and notice board.
- 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.
- You must not post any material likely to deceive any person.
- You must not post any material likely to upset, annoy or unduly alarm any person.
- You must not post any material likely to disrupt our service in any way. In particular, you must not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the website. You will not post, e-mail or otherwise transmit any material that contains software viruses or computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You must not post any material that could be construed in any way as originating from or associated with or attributable to NinetyTen Engage or its associates.
- You must not through use of the notice boards or networking services in any way help, advocate promote or assist any unlawful act in any jurisdiction.
- Any notice board or network message which is deemed by NinetyTen Engage, in its absolute discretion, to be unlawful, obscene, offensive or otherwise unacceptable will be removed.
- You are solely 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 NinetyTen Engage may be required to disclose the identity of the person posting the message and you hereby consent to any such disclosure.
- You are aware that by using the NinetyTen Engage notice board and networking service you are likely to see information about markets, corporations and individuals. Any action you take, which is influenced by such information is your responsibility and its display across NinetyTen Engage notice boards and network 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. NinetyTen Engage accepts no responsibility for any information posted on its notice board and networking service.
- Links to the NinetyTen Engage website may be 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. Further, you may not establish links that suggest any form of association, approval or endorsement on the part of NinetyTen Engage with any other party where none exists. The NinetyTen Engage website must not be framed on any other website without the written consent of NinetyTen Engage.
- NinetyTen Engage reserve the right to withdraw, amend or alter any permission granted above without notice.
- The NinetyTen Engage website contains links to various websites and other resources provided by third parties. NinetyTen Engage 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.
- Whenever you make use of any feature that allows you to upload material to the NinetyTen Engage website, any such contribution must also comply with the conditions set out in this paragraph 3.
- The NinetyTen Engage networking system provides private messaging functionality and a networking inbox system.
This system is scanned regularly as a matter of course to protect our members and to prevent spamming and other forms of message abuse. You hereby consent to such review for such purposes.
4. Copyright and other rights of NinetyTen Engage
The content of the NinetyTen Engage website and network is the property of NinetyTen Engage and is protected by copyright and other intellectual property laws. It may only be re-formatted, or printed for personal use or re-distributed in any form, with the prior written consent of NinetyTen Engage. You may not post any content from the NinetyTen Engage website to newsgroups, mail lists or other notice boards without the prior written consent of NinetyTen Engage.
NinetyTen Engage copyright extends, without limitation, to all original NinetyTen Engage material, compilation articles, network messages and posts on our message boards, including edited and filtered compilations of material sold or distributed.
NinetyTen Engage reserves the right to republish any material contributed to the NinetyTen Engage website. By posting an article, message or notice board message, a subscriber expressly grants the right to NinetyTen Engage to republish or sell the message in a format considered suitable by the NinetyTen Engage team, provided the author receives due acknowledgment in any such republished works.
Certain names, logos, and/or phrases on the NinetyTen Engage website may constitute trademarks and/or copyright and/or design rights and/or moral rights (in each case above whether registered or unregistered) of NinetyTen Engage or other companies. Content of this nature is the sole property of NinetyTen Engage. Reproduction in whole or in part is strictly prohibited without explicit written permission, OR such reproductions are attributed to “NinetyTen Engage” and include any copyright or other proprietary notices and disclaimers required to be applied by us. NinetyTen Engage own and/or is the authorised licensee of the copyright and other intellectual property rights incorporated in the NinetyTen Engage website.
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 NinetyTen Engage, nor our data providers and affiliates guarantee or certify the accuracy or completeness of information seen on the website, 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.
Information on the site does not in any way constitute recommendations from NinetyTen Engage.
NinetyTen Engage does not undertake or confirm the accuracy of any information on websites that may be linked to communications and promotions we send to our members. Neither do we endorse, recommend or guarantee as accurate products advertised by other companies via our communication service. NinetyTen Engage takes no responsibility for the opinions expressed by third parties on its website.
NinetyTen Engage excludes all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the NinetyTen Engage website, and/or any services provided by NinetyTen Engage.
The NinetyTen Engage website, and information and material made available 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 NinetyTen Engage website is supplied on an if available basis, and NinetyTen Engage hereby exclude and disclaim all warranties, conditions, representations and terms, whether detailed or implied by statute, common law or otherwise. In addition, no guarantee or warranties are made that the NinetyTen Engage website and services are free from infection by viruses or anything else that holds potentially damaging or destructive properties.
Whilst the business of NinetyTen Engage is almost entirely internet based, it is by no means completely reliable and we cannot guarantee nor give any warranty that the website will be fault free and do not accept any liability for any errors or omissions. Transmission of information over the internet may be subject to delays over which NinetyTen Engage have no control, and which may subsequently interrupt provision of information and services or access to the website.
Consequently NinetyTen Engage does not accept any liability for loss, including without limitation loss of profit and consequential loss, claims or damages as a result of inability to access the website or inability to transmit information to, or receive information from the website. However, nothing in these Terms and Conditions excludes or limits the liability of NinetyTen Engage for:
- Death or personal injury caused by our negligence (or that of our employees, agents or directors).
- Any liability which may not be limited by or excluded by law.
7. Who we are
This social networking website is made available to you by NinetyTen Engage. We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws. If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please contact us.
An important note about children
We do not and will not knowingly collect information from any unsupervised child or persons under the age of 18. If you are under the age of 18, you may not use the Services.
The personal data we collect about you
When you access and browse the Services (including when you submit personal data to us through data entry fields on the Services), we may collect the following information from you:
- Your name;
- Your age, date of birth and sex;
- Your postal address and postcode;
- Your phone, (including your mobile phone number), e-mail details and fax number;
- Any other personal data that you choose to upload to or post on the Services, including blogs, photographs,
In addition, we may collect anonymous details about visitors to our Services for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymous details that we collect for these purposes.
If you provide us with information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data, including sensitive personal data, and that you have informed them of our identity and the purposes (as set out above) for which their personal data will be processed.
We intend to continue improving the content and function of our website. For this reason, we may monitor customer traffic patterns and site usage to help us improve the design and layout of our website and provide content of interest to you.
How we may store and use your information
We (or third party data processors acting on our behalf) may collect, store and use your personal data listed above for the following purposes:
- To make the Services available to you and to provide you with content which is tailored to your individual tastes;
- To complete any further activities you make through the Services and to provide you with services that you request;
- To further develop and improve the Services;
- To maintain and support any accounts that you have with us;
- To include (or to permit the inclusion of) advertising within the Services of our own and third party products, services and promotions that we or they think may interest you;
- Where you have given us your consent, to contact you (including by SMS and e-mail) with products, services and promotions which we think may interest you; and
- Where you have given us your consent, to disclose your personal data to carefully chosen third parties so that they may contact you (including by SMS and e-mail) with products, services and promotions which they think may interest you.
By providing us with your personal information you consent to our processing your personal data for the above purposes.
However, if a third party acquires all (or substantially all) of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition.
We may also disclose your personal data where we are required to do so by applicable law, by order of a court, by a governmental body or by a law enforcement agency. We may also disclose your personal data in the context of investigating or reporting any issue arising in connection with activity by you or content supplied or purporting to be supplied by you, to you or on your behalf that we reasonably believe could be unlawful or otherwise in breach of our terms of service.
8. Technology Licensor disclosures
Cookies used with the NinetyTen Engage services ensure that when you log into your online account that you are the account holder and we can ensure your account security.
We also include web beacons (also known as clear GIFs or web bugs) in our e-mails. This means that if you open an email from us we can see which pages of our website you visit. Our web beacons do not store additional information on your computer but, by communicating with our cookies on your computer, they can tell us when you have opened our e-mail. If you object to web beacons, we recommend you follow the instructions for deleting existing cookies and disabling future cookies above. We will still know how many of our e-mails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access device.
Whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the internet to us.
11. Your rights
You have the following rights:
- The right to ask us to provide you with copies of personal data that we hold about you at any time, subject to a fee specified by law (currently £10);
- The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge
If you wish to exercise any of the above rights, please e-mail us at the address specified above.
12. Third party sites
13. Governing law
This agreement is prepared and applied in accordance with English law, and accordingly NinetyTen Engage and all parties will submit to the jurisdiction of the English courts. Additionally, should any term of these Terms and Conditions be found or held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect.