Emerging Markets Information Store ("Store") provides its services to you, subject to the following terms. Please read them carefully.
Store, including all of its features and content, is a service made available by IGNATOV & COMPANY GROUP ("Company") and all content, information, services and software ordered or provided on or through Store ("Content") may be used solely under the following Terms of Service ("Terms of Service").
BY COMPLETING THE PURCHASE REGISTRATION FORM AND CLICKING THE "CONFIRM" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.
1. Store Limited License. As a user of Store you are granted a nonexclusive, nontransferable, revocable, limited license to access and use Store and Content in accordance with these Terms of Service and Information Product License Agreement.
Company may terminate these Terms of Service and Information Product License Agreement at any time for any reason.2. Limitations on Use. The Content in Store is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent Store provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Store or the Content. Nor may you use any network monitoring or discovery software to determine the Store architecture, or extract information about usage, individual identities or users. You may not use any process to monitor or copy our Store or the Content without Company’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Store, except to the extent permitted above. You may not use or otherwise export or re-export Store or any portion thereof, or the Content in violation of the export control laws and regulations. Any unauthorized use of Store or its Content is strictly prohibited.
3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Store treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content or materials linked from Store is at your own risk. Content is only for fact-finding purposes and can’t be considered as the source of legally-proved data that can be used in courts or any other official bodies. Information containing in Content cannot be used as proof for any legal affairs in the courts and arbitrages worldwide. Company is not responsible for any cases of use of Store or Content in legal affairs, including cases when the data published in Content can be claimed by court(s) as "irrelevant".
4. Intellectual Property Rights. Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. Any and all information contained in the Content including, but not limited to, text, images, moving pictures, still pictures and sounds, is the sole property of Company, or is used by Company with the permission of the owner. Any reproduction of any such information, in whole or in part, without the express written consent of Company is strictly prohibited. Full worldwide rights are reserved. You agree that the Content and Store are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The use of online Products is available under conditions of Information Product License Agreement. If you purchase and/or open any purchased Product, you agree with Information Product License Agreement. If you purchase any Product in the Store you give us right to indicate your name as our customer in Company’s websites and in any other public materials provided with Company.
5. Trademarks. IGNATOV & COMPANY, IGNATOV & COMPANY GROUP (in English and Russian languages), IGNATOV.BIZ are registered trademarks of Company in Russia, the United States, the European Union and other countries.
e-MISsion™, e-Intelligence™, RussiANalyze™, EURASIANCOAL.COM, EURASIANCOAL.BIZ, RUSSIANCOAL.COM, RUSSIANCOAL.BIZ, COALUKRAINE.COM, COALUKRAINE.BIZ, "We Make Markets Predictable™", "Intelligence For Professionals™" and other Company’s graphics, logos, slogans, page headers, button icons, scripts, and service names are trademarks or trade dress of Company. Company’s trademarks and trade dress may not be used in connection with any Product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.6. Electronic Communications. When you visit Store, order the Content from Store or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Linking to Store. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Store so long as the link does not portray Company, its affiliates, or their Products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company’s logo or other proprietary graphic or trademark as part of the link without express written permission.
8. The Content. Store contains information Products ("Products") that are available in PDF files encrypted with passwords or in MapInfo files. Every Product is supplied with a Product Description Page in the Store as well as with a Product Content Table freely accessible for Customers. Company sells all Products at "AS IS" and "AS AVAILABLE" basis. You purchase only current version of Product without any update in the future, except the Subscription Products.
Subscription Products are available at "SUBSCRIPTION" basis with 1-month, 3-months, 6-months or 1-year subscription period. Non-refundable subscription fee for each subscription period is indicated in every Subscription Product Description Page.
Company Reports, Business Group Reports, and Market Reports are available in two editions - Profile Report and Comprehensive Report - that are different items for purchase. Personality Reports and Digital Maps are available in one edition. Non-refundable fee for each edition is indicated in the correspondent Product Description Page.
Customer may upgrade any bought Product from the Profile Edition to Comprehensive Report Edition. To upgrade it's necessary to pay the price difference between the Editions.
Company does not warrant or represent that the Content available on or through Store will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality or Content at any time.
9. Making a Purchase. Store is an interactive application that allows to order Products, to make online payments and/or to receive invoices without our personnel's participation.
9.1. Payment Methods. Currently we accept two payment methods - a) Wire Transfer (payment in our bank account); and b) Credit/Debit Card payment. All payment methods are available only for our Registered Customers.
9.1.1. Wire Transfer. This payment method is applicable to any purchase done in the Store. It's the only payment method applicable to purchases that exceed $250 (it may be a single Product with price more than $250 or few Products with total price more than $250).
For purchases below $250 you may select Wire Transfer as a payment method during the checkout process. For purchases over $250 the Store will show Wire Transfer as a single available payment method.
At the end of the checkout process with Wire Transfer as payment method a Customer receives a screen copy of invoice, that contain Company’s bank account information and payment instructions. Customer may print an invoice or to contact Company for an invoice signed copy (in such case we send a scanned signed copy of invoice with e-mail). By Customer's request we may post the hard copy of an invoice; in such a case Customer has to pay postal/courier delivery fee.
Company’s bank account information may be easily found in "Who We Are" page of the website.
Customer has to pay the total purchase fee indicated in an invoice to the Company’s bank account in 5 (Five) business days of the invoicing date. Note that Company has two different accounts for US dollars and Euro funds transfer. Choose the proper account according to the currency you will pay in. If you want to pay in the currency other than US Dollars or Euros - contact us for details. If you have not paid an invoice in 5 business days of the invoicing date you have to re-order the required Product. All purchases that have not been paid in 5 business days will be cancelled.
An invoice doesn't contain any bank charges that must be paid to your bank and intermediating bank(s) for Wire Transfer transaction. It's necessary that we receive the exact total sum indicated in an invoice. If your bank and/or intermediating bank(s) withdraw any commission and we receive the less sum than indicated in an invoice, the Company may refund you money back (withdrawing commission to be paid to our bank and intermediating bank(s) on refund transaction); in such case Company doesn't provide any Product to a Customer.
Customer should indicate invoice number in the Wire Transfer document.
9.1.2. Credit/Debit Card payment. This payment method is applicable only to purchases that do not exceed $250 in total (it may be a single Product with price below $250 or few Products with total price below $250).
For purchases below $250 you may select Credit/Debit Card as a payment method during the checkout process. For purchases over $250 the Store will not show Credit/Debit Card as an available payment method.
Currently the following Credit/Debit Cards may be used for online payments with our Store: Visa, MasterCard, Visa Electron, American Express, Diners Club, and JCB. Your Debit Card current balance have to be sufficient to make the payment.
Company doesn't directly processes Credit/Debit Cards - all transactions are done via Moneybookers online payment system authorized under UK and EU law and regulated by the Financial Services Authority (FSA) in the UK. Visit www.moneybookers.com to read more about Moneybookers and how they process your online payments. The main thing you have to know is that your Credit/Debit Card is processed in Moneybookers server not in our website; you enter your Credit/Debit Card information only in Moneybookers account - so we do not have any access to this kind of data. After the payment is complete, the customer is returned to Company’s website and we receive a confirmation with Moneybookers about the payment.
If you have an account with Moneybookers you may easily proceed with online checkout - just entering your e-mail associated with Moneybookers account; you will be redirected to Moneybookers website where you may enter your account and make a transaction.
If you have no an account with Moneybookers - you will be redirected to Moneybookers registration form where you may instantly register your details.
However if you do not want to set up an account with Moneybookers - you may use Moneybookers' Quick Checkout feature. Quick Checkout allows customers who are making their first transaction via Moneybookers to complete the process without having to register a traditional account and provide a password. If you do Quick Checkout you will be redirected to Moneybookers' website where you complete the transaction by entering Credit/Debit Card information; and again - at Quick Checkout we do not see your Credit/Debit Card data.
Any time before the final "confirm" button is pressed in Moneybookers' website, the customer may cancel the payment process and return to Company’s website.
At payment with Credit/Debit Card additional commission in 1.82% is taken to cover online processing fee.
9.1.3. Recurring Payments. You may use recurring payment for any of our Subscription Products. If you select "Recurring Payment" option at checkout process your Credit/Debit Card will be automatically charged a subscription fee prior to expiration of the current subscription period.
Recurring Payment with Credit/Debit Card is fully automatically.
9.2 Product Delivery.
9.2.1. Delivery Format. All Products except Digital Maps are delivered as secured PDF files protected with passwords; a file access password to be provided to a Customer together with PDF file with e-mail; another password - for PDF file editing - is never disclosed to any Customer. You need Adobe Acrobat Reader (3.0 and later) to be installed on your computer to read our Products in PDF. Refer to Adobe's Website for free download of the current version of Acrobat Reader. Digital Maps are delivered as MapInfo sets consisted of few files with layer information, graphic and textual data. We usually pack MapInfo sets in ZIP archives to reduce the delivery size. You need MapInfo 6.0 and later to be installed on your computer to read digital maps. 9.2.2. Delivery Process. We use one of two methods for delivery of PDF files and ZIP archives (with MapInfo sets inside): a) sending with e-mail (as attachments) - for files that do not exceed 1 Mb in size; and b) providing a direct link for downloading file(s) in our secured server. At delivery with e-mail we send attachment(s) in e-mail address indicated with a Customer at checkout process. The password(s) for accessing PDF secured file(s) are provided in the same e-mail. We kindly ask our customers to confirm us they could receive, open and read the file(s) sent with e-mail. At delivery of file(s) over 500 Kb in size we send the second e-mail message - with information about the delivery and with no attachments (to be secured of probable problems with transfer of large files). If you didn't receive the attachment(s) we'll resend again until you have the file(s). At delivery with download we send you direct link(s) to the file(s) in our server; the link(s) to be sent in e-mail address indicated with a Customer at checkout process. The login/password to access the protected area of our server are provided in the same e-mail. The link doesn't grants FTP access to the files in our server. The link is valid in 1 week - after which the files to be constantly removed from a server. 9.2.3. Anti-Virus Check. All files transferred to our clients either with e-mail or via secured server are passed through a check for viruses and other harmful components. We use Kaspersky software for such check; our secured server is also under anti-virus protection. We do all the best to be sure the file(s) sending to you do(es) not contain viruses and other harmful components. However Company does not represent or warrant that purchased Products will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. 9.2.4. Delivery Time. The time when we either send you the file(s) with e-mail or provide direct link(s) for file(s) download depends on a) time when the order/payment is done; and b) payment method used at purchase. 9.2.4.1. At Wire Transfer payment: a) We send file(s) or download link(s) in a day when the money are enrolled in our bank account. Usually it takes 3-5 business days to enroll the payment (depending on where your bank is located). Product delivery prior to a date of money enrollment may be done only to those Customers who have Partner status. b) If money are enrolled in our bank account in the period December 31-January 7 we send file(s) or a download link(s) not later than 1:00pm GMT January 8 9.2.4.2. At Credit/Debit Card payment: a) If payment was done any time between 0:00am and 1:00pm GMT we send file(s) or download link(s) not later than 11pm GMT same business day b) If payment was done any time between 1:00pm and 0:00am GMT we send file(s) or download link(s) not later than 10am GMT next business day c) If payment was done at Saturday or Sunday we send file(s) or download link(s) not later than 1:00pm GMT next Monday d) If payment was done at any day within the period December 31-January 7 we send file(s) or download link(s) not later than 1:00pm GMT January 8 9.3. Other. 9.3.1. Cancellation. Cancellation for purchase is available at any time before the Product(s) has been delivered to a Customer. A moment of delivery is defined as a) moment when e-mail with attached file(s) has been sent with Company’s mail client software; or b) moment when e-mail with direct link(s) to file(s) download has been sent with Company’s mail client software. For unpaid purchases it's enough to inform Company about the cancellation - or just not to pay an invoice in 5 days. 9.3.2 Refund. Refund is being done without withdrawing commissions that have to be paid to our bank and intermediating bank(s) for refund transaction only if Company delays Product delivery over time indicated in para. 9.2.4. In all other cases Company may withdraw commissions that have to be paid to our bank and intermediating bank(s) for refund transaction. 9.3. Returns. Return of the delivered Product(s) is unavailable. If you have any concerns about the Product(s) please contact Company. 10. Advertisers. Store pages may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Store is accurate and complies with applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. 11. Registration. Certain sections of Store require you to register. If registration is requested, you agree to provide Company with accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. If you use Store, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 12. Membership. All visitors in the Store have "Customer" status; any Customer may either register in the Store and become "Registered Customer" or continue anonymously as "Non-Registered Customer". Company may provide "Partner" status to any "Registered Customer" who fits the requirements described below. 12.1. Registered Customer. Registered Customer may do all actions in the Store - review the Content, search for particular Products, create "Wish Lists", assign rating to any Product, and make online purchase with any of the available payment methods. 12.2. Non-Registered Customer. Non-Registered Customer may do a limited number of actions in the Store - only review the Content and search for particular Products; Non-Registered Customer can't create "Wish Lists", assign rating to any Product, and make online purchase. 12.3. Partner. Company may provide "Partner" status to those "Registered Customers" who have purchased Products for a total sum exceeding $10,000 within the last 360 days (it may be a single purchase >$10,000 or a series of purchases with total sum >$10,000, if all of such purchases were done within 1 year period prior to a current date). Partners may do all of the actions permitted to Registered Customers - and additionally Company provides special prices to Partners for all Products in the Store. Partners also may receive Products prior to enrollment of money in Company’s bank account (at Wire Transfer payments). 13. Third Party Content. Third party Content may appear in Store or may be accessible via links from Store. Company shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing in Store. You understand that the information and opinions in the third party Content is neither endorsed by nor does it reflect the belief of Company. We are not responsible for the quantity or quality of data published in the third party Content. 14. DISCLAIMER. STORE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM STORE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN STORE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF STORE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF STORE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH STORE OR THE CONTENT. 15. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF STORE, THE CONTENT, THE INTERACTIVE AREAS OF STORE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE STORE OR THE CONTENT. COMPANY’S LIABILITY TO CUSTOMER SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE PARTICULAR PRODUCT. 16. Indemnification. You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Store from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. 17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to Store. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 18. Unlawful Activity. Company reserves the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 19. Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular Internet address to Store and any other Company’s websites and their features. 20. Governing Law, Jurisdiction and Disputes. The Terms of Service are governed by and construed in accordance with the laws of the British Virgin Islands and any dispute arising out of or in connection with these terms shall be referred to and finally resolved by arbitration under the LCIA (London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this clause and you hereby consent and submit to the personal jurisdiction of the LCIA for the purpose of litigating any such action. If any provision(s) of these Terms of Service shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. Privacy. If you choose to visit Store, your visit and any dispute over privacy is subject to Company’s Privacy Policy. 22. Modifications to Terms of Service. Company reserves the right to change these Terms of Service at any time. Updated versions of the Terms of Service will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Continued use of Store after any such changes constitutes your consent to such changes.
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