Terms and Conditions
Rules, Regulations and Disclaimers
Last Modified: January 2017
Associated Foreign Exchange, Inc., its subsidiaries and affiliates (‘AFEX’) require that all users of our online sites, services, tools and applications (‘AFEX Websites & Services’) adhere to the following rules and regulations. By using the AFEX Websites & Services you indicate your acknowledgment and acceptance of these terms and conditions.
LAWS AND REGULATIONS
User access to and use of the AFEX Websites & Services is subject to all applicable laws and regulations.
The trademarks, logos and service marks (‘Marks’) displayed as part of the AFEX Websites & Services are the property of AFEX and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AFEX or such third party which may own the Marks. All information and content including any software programs available on or through the AFEX Websites & Services (‘Content’) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the AFEX Websites & Services for commercial or public purposes.
THE AFEX WEBSITES & SERVICES MAY PROVIDE OR FACILITATE LINKS TO OTHER SITES BY ALLOWING THE USER TO LEAVE THE ONLINE SERVICE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO AN ONLINE SERVICE VIA ‘INVERSE’ HYPERLINKS AND FRAMING TECHNOLOGY (A ‘LINKED SITE’). AFEX HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT AFEX HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND AFEX URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
CONTENT PROVIDED OR DISPLAYED AS PART OF THE AFEX WEBSITES & SERVICES IS ‘AS IS’ WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
AFEX DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH AN ONLINE SERVICE BY ANY PARTY OTHER THAN AFEX, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AFEX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH AN ONLINE SERVICE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH AN ONLINE SERVICE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY FOR USE OF THE AFEX WEBSITES & SERVICES AND LINKED SITES
ANY ERROR OR OMISSION IN ANY OF THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PROVIDED OR DISPLAYED AS PART OF THE AFEX WEBSITES & SERVICES OR A LINKED SITE SHALL BE SUBJECT TO CORRECTION PROVIDED THAT THE CORRECTION DOES NOT MATERIALLY AFFECT THE CONTRACT. AFEX MAY MAKE IMPROVEMENTS TO THE AFEX WEBSITES & SERVICES AT ANY TIME.
AFEX, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT WERE NOT CAUSED BY ANY BREACH OF CONTRACT OR STATUTORY DUTY OR NEGLIGENCE ON THE PART OF AFEX AND AFEX SHALL NOT BE LIABLE FOR ANY LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO BOTH PARTIES WHEN THE CONTRACT WAS FORMED. AFEX SHALL NOT IN ANY EVENT BE LIABLE FOR LOSSES RELATING TO ANY BUSINESS YOU HAVE (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AFEX WEBSITES & SERVICES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE AFEX WEBSITES & SERVICES OR A LINKED SITE. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT AFEX'S LIABILITY FOR FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY AFEX'S NEGLIGENCE OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR AFEX TO EXCLUDE (OR ATTEMPT TO EXCLUDE) OR LIMIT.
SERVICES PROVIDED BY NETDANIA
All Services (software, data and news) provided by NetDania and third party data and news providers (the “Services”) on www.afex.com is owned by or licensed to NetDania and its affiliates and any user is permitted to store, manipulate, analyse, reformat, print and display the software, data and news only for such user’s personal use. In no event shall any user publish, retransmit, redistribute, communicate, disseminate or otherwise reproduce any software, data and news in any format to anyone, and no user shall use any part of the Services in any connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. By using the Services, the User hereby:
- Agrees that NetDania, the Information Providers, the data Sources and/or any other party shall have no liability for the accuracy or completeness of the software, data or news or for delays, interruptions, or omissions therein;
- Agrees not to use or permit anyone to use the software, data or new for any unlawful purpose;
- Agrees that no intellectual property rights in the software, data or news are transferred to any person or legal entity.
- Agrees that the software, data, news and any information obtained or derived therefrom shall be used solely by the User in the normal course of the User’s business.
- Agrees that the User may not: communicate or disseminate the software, data, news or any information obtained or derived therefrom to any other party, including any of the User’s subsidiaries or branch offices by any means whatsoever. This restriction shall include, without limitation, copying any part of the software, data, news or any information obtained or derived therefrom electronically or otherwise and distributing or disseminating any part of the software, data, news or any information obtained or derived therefrom via any network; or use the software, data or news in any way that may infringe any proprietary interest of NetDania or any third party.
- Agrees that neither party excludes or limits liability for death or personal injury to any person caused by its negligence.
- Agrees that notwithstanding any other provision of this Contract, the User acknowledges that where the Services include any information and/or data obtained or derived from any of the Sources, such Sources accept no liability whatsoever for such data or information.
- Agrees that its arrangement with AFEX for receipt of the software, data and news is subject to termination in the event that this Contract between AFEX and NetDania is terminated for any reason;
- Agrees, where applicable, to make application to and receive written approval for receipt of the data and news from each and every Source prior to commencing receipt of the data and news and agrees to comply with any conditions, restrictions or limitations imposed by any of the Sources, including paying all such fees or charges as such Sources may impose either directly or through NetDania or AFEX; and
- Acknowledges that the Sources, described in the preceding paragraph, may have the right to terminate provision of the data and news to the User with or without notice and that neither any such Source, NetDania, nor any third party shall have any liabilities in connection therewith.
- Acknowledges that prior to the execution of a security trade the User is expressly advised to consult with the User’s broker or other financial representative to verify pricing information.
- Acknowledges that neither NetDania, its affiliates, its employees, the Sources or its third party licensors or any other party make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Services. The Services are provided to the users “as is”. Neither NetDania, its employees, its affiliates, its Sources or its third party licensors, nor any other party will be liable to any user or anyone else for interruption, inaccuracy, error or omission, regardless of cause, in the Services or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
CONFIDENTIALITY OF USER COMMUNICATIONS
LINKED INTERNET SITES
AFEX prohibits caching, unauthorised hypertext links to pages or sites which form part of the AFEX Websites & Services and the framing of any Content available through the AFEX Websites & Services. AFEX reserves the right to disable any unauthorised links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the pages or sites which form part of the AFEX Websites & Services. Access to any other Internet sites linked to the pages or sites which form part of the AFEX Websites & Services is at the user's own risk.
NO INVESTMENT ADVICE OR OFFERS
Nothing in the AFEX Websites & Services constitutes investment advice, including AFEX filings with the Financial Services Authority. AFEX provides investor relations materials for convenience and information only. In addition, investor relations materials and other content or information which form part of the AFEX Websites & Services are not offers to sell or solicitation of an offer to buy any security.
FORWARD LOOKING INFORMATION
Certain information provided or displayed within the AFEX Websites & Services contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words ‘believe’, ‘expect’, ‘anticipate’, ‘optimistic’, ‘intend’, ‘aim’, ‘will’ or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. AFEX undertakes no obligation to update publicly or revise any forward-looking statements.
All press releases and other materials presented or released to the financial community that are contained within the AFEX Websites & Services were, to the best of AFEX’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. AFEX has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained within the AFEX Websites & Services.
AFEX is under no obligation to review any messages, information or content (‘Postings’) posted within the AFEX Websites & Services by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, AFEX may from time to time monitor the Postings within the AFEX Websites & Services and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of AFEX purporting to speak on behalf of AFEX.
- Messages that offer unauthorised downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
TRANSMISSION OF PERSONAL DATA
CHANGES TO RULES AND REGULATIONS
AFEX reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.
VIOLATION OF RULES AND REGULATIONS
AFEX reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the AFEX Websites & Services.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the AFEX Websites & Services is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the AFEX Websites & Services may be subject to prosecution.
USE OF 'COOKIE' FILE FEATURES
Users of AFEX Australia pages submit to the jurisdiction of the New South Wales courts and the AFEX Websites & Services is governed by Australian law.