Terms & Conditions

Introduction

MergerLinks.com (the Service) is a service provided by MergerLinks Limited and its affiliates (“MergerLinks"), incorporated in England and Wales, company number 09414606 of 15 Bonhill Street,, London, England, EC4A 2DN (we, us, our). MergerLinks is part of Datasite LLC and its affiliates (“Datasite”)If you wish to use this website and related websites, social media pages and other similar sources, including features and services available through such sites and sources, such as RSS feeds, podcasts, video and downloads (the Website), you must first read these terms and conditions (Terms) carefully and agree to them. You may not use the Website if you do not agree to these Terms.

By using the Website, you will be deemed to have accepted the Terms. The Terms incorporate our Privacy Policy and our Disclaimer.

You agree that we can modify the Terms without notice to you at our discretion. We will post any changes to the Terms on the Website and you should check for any changes on subsequent visits. Any use by you of the Website will be deemed as your acceptance of the Terms in force at that time.

These Terms apply, to the exclusion of your terms and conditions, to all agreements between you and MergerLinks and every use made of Service via your Account unless otherwise agreed by MergerLinks and you.

General

We have developed the Website which is an online professional network mapping M&A activity and the professionals involved in each transaction ("Content"). The Service includes making the Content accessible through the Website in the form of a subscription. You may be given the opportunity to create and register a user account (“Account”) that you may use to receive information from us.

If the subscription of the Customer terminates, for whatever reason, user's right to access the Account will be terminated automatically.

It is forbidden to:

create more than one (1) free Account;
create an Account for another natural person or legal entity;
provide access to the Account to another natural person or legal entity;
create more credentials for users to Customer's Account than licensed by MergerLinks.com;
create an Account by any automated method, Account creation is solely permitted to humans;
resell, distribute Content, or in any other way make profit of MergerLinks.com;
use or submit Content in a way considered discriminating or is otherwise deemed hurtful, offensive, inappropriate or violates law;
contribute and process personal data other than in compliance with applicable law and these terms;
introduce viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it;
access (or attempt to access), monitor and/or copy any of the Website through any automated means, including use of agents, robots, spiders, scripts or web crawlers;
engage in any activity that interferes with or disrupts the Website, or the servers and networks which are connected to the Website;
Use MergerLinks.com in a way which infringes rights of MergerLinks and/or third parties, including but not limited to IP-rights or rights concerning the protection of privacy;
transmits unwanted or unsolicited material or content (spam);
use MergerLinks.com contrary to these Terms or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of MergerLinks.com or MergerLinks.

In order to enhance user experience, you agree that we may change the structure, content and nature of the Website at any time without notice to you.

At our sole discretion we may determine that your bandwidth usage exceeds a reasonable level and decide to control your use of the Website by reducing or preventing your access.

Your access to the Website is free of charge, unless otherwise stipulated by us. In the event that, and to the extent that, we make no such stipulation, our fulfilment of its obligations imposed by these Terms is in consideration of your fulfilment of all obligations imposed by these Terms upon you.

Privacy

Your use of the Website, including any registration process to set up an Account, may involve your disclosure to us of personal data as defined by the Data Protection Legislation. Data Protection Legislation means: the Data Protection Act 2018 (“DPA 2018”); the General Data Protection Regulation ((EU) 2016/679) (GDPR) as defined in the DPA 2018 and any other national laws and regulations including any successor legislation to ones listed above.

In the event that you disclose personal data, (either your own or third parties) you warrant to us that you have obtained all consents, notificationsand permissions, as may be required by applicable law, for the purposes of disclosure to us and subsequent use by us of any such data in the provision of the Website. We and Datasite may rely on any information that you provide including any user ids or passwords that you create, to identify you and your activity and provide Services.

Personal data shall be processed in accordance with our Privacy Policy and the applicable laws and regulations.

Intellectual Property

The Website is owned and operated by MergerLinks. Other than Content or unless otherwise specified, all material on this Website is the property of MergerLinks and protected by the copyright laws of the United Kingdom and the world. “MergerLinks” is a registered trademark of Datasite in the United Kingdom and other countries.

Save to the extent that it is allowed in these Terms and applicable law, you may not copy, or make any use of any part of the Website or Content for any purposes. In particular you may not modify, sell, distribute or create works based on the Content unless you have been specifically permitted to do so by us, or by the owners of that Content, in a separate agreement.

You warrant that you hold all the rights relating to the Content and fully indemnify MergerLinks of any infringement claims regarding the Content.

You retain all rights on the Content submitted by you through MergerLinks.com. By making available or uploading Content to MergerLinks.com you automatically grant MergerLinks a perpetual, irrevocable, worldwide, royalty–free and non-exclusive licence to use any such Content in any manner that we in our sole discretion deem fit on the Website (including the option not to use it, or to use only part, to delete or archive it or to make such changes to such Content as we in our sole discretion may determine). You agree that we may transmit or distribute your Content over various public networks and in various media, with a view of delivering the Service and share such Content with Datasite (including hosting on any Datasite platform) and our customers. Finally, you represent and warrant to us that you have all necessary powers, rights and authority to grant the licence contained in this clause.

You agree that you are solely responsible for any Content that you create or submit while using the Website. You are also solely responsible for consequences of your actions (including any loss or damage which we may suffer) by doing so. You agree that we have no responsibility for policing how such Content is used: you are responsible for protecting and enforcing any such right.

The Intellectual Property Rights ("IP rights") as defined in these Terms include all intellectual property rights, whether registered or unregistered, including copyright, database rights, patent rights and applications, rights in designs, trademark rights and applications, trade secrets and all other intellectual property as may exist now or hereafter come into existence, regardless of geographic location where they arise.

Links to other sites

Links to other third party sites may be provided on this Website for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any part of this Website. We are not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to this Website. We may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers may send cookies to users that we do not control. We reserve the right to disable links from any third-party sites to this Website.

Term and Termination

These Terms commence on the date you access the Website, and last for the duration of your use whenever you use the Website.

Your Account is for an indefinite period of time. You can terminate your Account at any time by clicking the relevant button in your user admin panel. You are responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation.

Upon termination of your Account, we may require you to expunge some or all of the Content in your possession, and you will do so promptly.

For paid users, if you terminate your Account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

If your Account is terminated, there will be no reversal of that which MergerLinks has already provided nor the related obligation to make payment, if you are a paid user. You will not receive any refunds as a result of termination, if you are a paid user.

Upon termination of the Account, MergerLinks will immediately make the Account inaccessible to you. MergerLinks may delete the Content saved into the system and has no obligation to restore the Content thereafter.

MergerLinks may, without prior notice and without becoming liable to you, terminate your Account with immediate effect if:

You do not fulfil your payment obligations; or
You in any way violate these Terms.
If provision of the Service is in our opinion no longer commercially viable or we believe that interest of the Website could be jeopardised;
In the event that you are accessing the Service pursuant to the terms of a Service Agreement, where such Service Agreement is terminated
Termination shall not affect any accrued or statutory rights of either you or us existing as at the date of termination

Exclusion and Limitation of Liability

Nothing in these Terms, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law.

The Website must be read and used with the understanding that neither MergerLinks, nor Datasite, its successors or assigns are engaged in rendering legal, accounting, financial, or other professional advice. If expert advice is required, the personalized service of a competent professional should be obtained.

MergerLinks and Datasite do not accept any liability for damages resulting from an attributable failure in the performance of MergerLinks.com, Datasite and/or on account of an unlawful act or otherwise, where this is permitted under applicable law.

Should MergerLinks or Datasite be found liable for damage on whatever ground, MergerLinks or Datasite shall be liable solely for direct damage suffered by you up to an amount not exceeding £100 In view of the fact that you are not required to make any payment for the licence granted under these Terms, you agree and acknowledge that this limitation on our liability is reasonable.

Where you are paid user of our Service, should MergerLinks or Datasite be found liable for damage on whatever ground, MergerLinks.com shall be liable solely for direct damage suffered by you up to an aggregate amount not exceeding the greater of £100 and the total payments made by you for the 12-month period immediately preceding the first event giving rise to any liability,

Any liability on MergerLinks's or Datasite's part for i) indirect, special or loss consequential loss;ii) loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, reputation, damage by business interruption and damage as a result of claims from third parties (and whether such loss is direct or indirect) is excluded.

The restrictions mentioned in the preceding paragraphs of this article shall not apply if and in so far as the damage is the result of wilful misconduct, personal injured caused by MergerLinks, or Datasite or fraud on the part of MergerLinks, Datasite or its managers.

No right to damages shall exist unless you notify MergerLinks in writing of the damage promptly after it has arisen. To the extent permitted by law, any claim for damages against MergerLinks shall become extinguished by the lapse of three months after the claim has come into being.

MergerLinks and Datasite are released from all contractual obligations and other liability (e.g. for damages) if MergerLinkss or Datasite’s performance is prevented or affected by force majeure or force majeure of MergerLinkss subcontractor.

Warranties and Indemnifications

There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement).

The list of guarantees and indemnifications in this article is not exhaustive.

We do not guarantee that:

your use of the Website will meet your requirements;
your use of the Website will be uninterrupted, timely, secure, bug-free, virus-free or error-free;
the results presented via Website are accurate, up to date or complete;
that MergerLinks.com does not infringe the IP-rights of you or a third party; or
that defects in the operation or functionality of the Website will be rectified or remedied.

You understand and agree that we are not liable to you for:

use of the Website which is at your sole risk;
any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the use of the Website;
loss of profit, business revenue, goodwill or anticipated savings:
any trading or other losses which you may incur as a result of use of or reliance upon any Content;
the deletion of, corruption of, or failure to store, any Content and other communications data maintained or
transmitted by or through your use of the Website;
any effect which use of the Website may have on any software you use in conjunction with the Website;
your failure to keep any password employed by you in your use of the Website secure and confidential.

You guarantee that you will not use MergerLinks.com and/or the Content in a way that:

infringes the rights of MergerLinks, Datasite or third parties, including but not limited to IP-rights or rights in
relation to the protection of privacy;
is contrary to any current legislation or regulations; or
is contrary to any provision in these Terms.

You guarantee that, if you register an Account on behalf of a company or other legal entity, you have the authority to bind such entity, its affiliates and all users who access MergerLinks.com through your Account to these Terms of Use. You indemnify MergerLinks against all damages, losses and costs it or Datasite incurs or which result from unauthorized registration.

You indemnify MergerLinks and Datasite against all damage, losses and costs, including but not limited to damage resulting from (alleged) infringements of IP-rights, claims by third parties, collection costs, the statutory commercial interest, loss of profits, penalties incurred and legal fees, which MergerLinks or Datasite incurs or which result from: attributable breach of the Terms by you, any use of MergerLinks.com by you or an unlawful act.

We do not accept any liability for damages resulting from an attributable failure in the performance of MergerLinks.com and/or on account of an unlawful act or otherwise, where this is permitted under applicable law.

Other

MergerLinks.com may transfer rights and obligations arising from these Terms of Service to third parties and will notify you about this. You are not permitted to transfer to third parties any right derived from holding the Account without our prior written consent.

Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.

You grant us the right to audit your use of the Website to ensure compliance by you with these Terms.

If any part of any provision of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

Neither of you and us have relied upon any statement or representation made by the other in agreeing to enter these Terms.

You shall keep confidential, shall not use for any purpose not permitted in these Terms and shall not disclose any password employed by you in your use of the Website.

The Website is controlled by MergerLinks and Datasite from its offices in the United Kingdom or the United States.

These Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts to settle any disputes, which may arise in connection with these Terms.

Questions about the Terms of Service should be sent to contact@mergerlinks.com