WEBSITE TERMS OF USE
Definitions
‘You’ ‘Your’ shall mean: an Individual who has registered to use Our Services stated in these Terms of Uses.
‘We’ ‘Us’ ‘Our’ shall refer to Fenics Market Data Limited, whose registered office is at I Snowden Street , London, EC2A 2DQ established under the laws of England, registered number03108922 [ or is it BGC , [One Churchill Place, London E14 5RD]. [BGC entity] is regulated by the UK Financial Conduct Authority ("FCA") and appears on the FCA register under no 454814. ]
“Organisation” shall mean: any legal entity referred to under the Company’s Act 2006 which shall include but is not restricted to Company limited by Shares, Limited Liability Partnerships, Partnership and any public sector entity.
“Delayed Access Services” or “Service(s)”: shall mean access to certain data as required by Mifid II through our website in either view only format or in comma separated value (csv) format files that can be downloaded and viewed.
Mifid: means the Markets in Financial Instruments Directive
This Website and the Service is owned and operated by Us and these Terms of Use are applicable to individuals who require access to Our “Delayed Access Service”. If You require another one of Our services please return to our Home page for assistance, to get You to the right place.
You should read these Terms of Us (the “Terms”) carefully before using the Website. By accessing the Website, You agree to be bound by these Terms. If You do not agree to nor wish to be bound by these Terms, You must not use or You should discontinue use of, the Website.
The Website and the Services which We make available are supplied in accordance with and subject to Our Market Data Policy which can be found at this link http://web.fenics.com/market-data/market-data-policy/ (“the MD Policy ”) which bind You. In the event of a conflict between these Terms and the MD Policy, the MD Policy will govern.
1.Our OBLIGATIONS
1.1.We will allow You to access and use the Website for the sole purpose of accessing and using the Services for Your own personal use and/or such other purposes as may be expressly authorised by Us from time to time in writing (“Purpose”).
1.2. We reserve the right to change these Terms from time to time. Your continued use of the Website and/or the Services following such change shall be deemed to be acceptance of such change.
1.3. We will use Our reasonable endeavours to maintain the Website and Services for Your use, We will not be liable to You because of a failure, suspension or withdrawal of all or part of the Website and/or the Services due to circumstances beyond Our reasonable control or where we undertake maintenance of the Website.
1.4. Subject to the Terms herein, We hereby grant You a, non-sub licensable, non-exclusive, non-transferable, revocable license, for the authorised use of the Services and its contents solely for the Purpose stated herein.
2. USERS OBLIGATIONS
2.1. You agree not to:
a. disclose or share Your registration details with any third party;
b. use the Website and/or Services other than in the manner authorised and permitted by Us;
c. upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer for example by deep linking or any form of denial of service attack or permit the aforesaid action ;
d. use the Website in any manner that could damage, disable, overburden, or impair any of Our servers, or the network(s) connected to any of Our ’s servers, or interfere with any other persons use of the Website;
e. create nor publish a hypertext link to any part of the Website or attempt any unauthorised access to any part of the Website.
f. modify, copy, alter, translate, disasemble, reproduce, distribute or otherwise change in form, format or substance the Service and its contents, or create derivative works basis on the Service and its contents ;
g. impair the branding or remove any proprietary notices, disclaimers, labels or marks from Service or its contents ;
h. sublicense, assign, delegate or otherwise transfer any part of the Services or its contents (in whole or in part) or any related rights or obligations for any reason;
i. use the Service or its contents to provide a service bureau or similar service by which the Services can be accessed by third parties;
j. reverse engineer, disassemble, de-compile or use any other means to attempt to discover or to discover source codes contained in the Service.
2.2 You agree that use of the Services is subject always to the terms of the MD Policy.
3. AUTHORISED USERS
3.1. Registration of Your account is solely in Your name and You cannot share Your user name and/or password with other persons, including any person in the same Organisation, they will have to register separately.
3.2. Where You intend to use the Services for Your Organisations internal business purpose or other purpose which We consider to be a commercial purpose, You will also have to execute an enterprise licence (‘Enterprise Licence’). If you are uncertain whether an Enterprise Licence is necessary or You require an Enterprise Licence, You can contact us at the email address stated at the end of these Terms.
3.3. We may at any time terminate Your account in connection with the use of the Website and/or Services at any time, where We consider You are in breach of any provision of these Terms.
3.4. You agree that :
a. You shall not, nor shall You permit any other person to, remove, modify, exchange, disable, penetrate or otherwise defeat any security procedures;
b. You will take all necessary actions to preserve the confidentiality of Your registration details including but not restricted to Your user name and/or password;
c. You are responsible for ensuring that all information You provided as part of Your registration details to enable You access to the Service is complete and correct;
d. You are responsible for all acts and omissions that occur under Your registration to this Website ; and
e. You shall notify Us immediately in writing in the event that You learn that:
(i) Your registration details have been lost, stolen, or improperly disclosed to a third party;
(ii) the confidentiality of Your registration details has been compromised in any way;
(iii) You learn about a possible or actual unauthorized access to and/or use of the Services or Website.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Copyright © BGC Brokers L.P. 2017 and Fenics© All rights reserved.
4.2. You acknowledge and agree that:
a. all copyright, trademarks, database right and all other intellectual property rights in the Website and the Services and its contents, software, software tools or content supplied as part of the Website or Services by Us whether sent by or on behalf of Us and by any means whatsoever, together with any advertising material or other material including without limitation the text, graphics, animations, photographs, pictures, sounds, images, audio, and video clips connected to the Website or Service shall remain Our sole and exclusive property and remain at all times vested in Us or Our licensors;
b. other than the right to access and view the Website, Services and view and download the a contents of the Services in accordance with the terms herein, You acquire no ownership, title, right or interest of any kind in or to the Website or any portion of the Services ( its contents) on the Website;
c. that the Services, material, software, software tools and content contained within the Website is made available to You for the Purpose specified by Us. Any other use of the Services ( and its contents) and/or the Website (including any material contained therein) is strictly prohibited.
4.3. You agree not to (and You agree not to permit, assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Services, software and software and/or content and to take reasonable steps to prevent such events.
5. CHARGES
5.1. The Services are free of charge.
5.2. If however You are the subject to an Enterprise Licence, a charge may be levied by Us. Any fee levied under the Enterprise Licence will be paid quarterly in advance, non-payment may result in Your use of the Website and Services being suspended or discontinued without further notice.
6. MONITORING
6.1. We may , upon notice to You , during normal business hours, request access to Your premises, and obtain access to Your systems, records and other information as may be necessary for the purpose of auditing the records and practices related to Your use of the Website and/or Services.
7. EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY
7.1. This Website and the Services supplied hereunder is provided “AS IS” without any warranty of any kind, express or implied, including, but not limited to, any implied warranty of satisfactory quality , fitness for a particular purpose, accuracy or completeness of the Services contained on this Website. We do not warrant that the Website is compatible with Your equipment or that the Website and/or Services are free of errors, viruses or worms. In no event shall We be liable for any damage You may suffer as a result of using the Website and/or access the Services therein. All warranties, whether express or implied, are hereby excluded to the fullest extent permitted by law.
7.2. You agree, at Your own expense, to indemnify, defend and hold harmless Us and Our employees, representatives, suppliers and agents (“Representatives”), against any claim, suit, action or other proceeding against Us, or Our Representatives, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with Your use (or someone using any password You may obtain) of the Website, or the Services therein, including, but not limited to: (i) in violation of the terms set forth in these Terms; (ii) of the Website and/or Services in a way that infringes any intellectual property rights of any third party, (iii) in a libelous or defamatory way, or which otherwise results in injury or damage to any third party; (iv) in breach of any covenant or agreement to be performed by You hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
7.3. We shall not be liable to You , whether in contract or tort( including negligence), for breach of statutory duty , or otherwise, arising under or in connection with Your use of this Website or the Services for any :
a) loss of profits
b) loss of sales or business
c) loss of agreements or contracts
d) loss of anticipated savings
e)loss of damage to good will
f) loss of use or corruption of software, data or information
g) indirect or consequential loss
7.4. Our total liability to You for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) arising in connection with access to or usage of the Website and the Services contained herein exceed£10,000
7.5. Nothing set forth in this Website or in the Services should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for You.
7.6. We may provide links to certain websites sponsored and maintained by Us or those sponsored or maintained by third parties. Such third party websites are publicly available and We are providing access to such websites through this Website solely as a convenience to You. We make no representations or warranties concerning the content of such websites or access thereto. You understand and agree that You will use or rely on such websites solely at Your own risk.
8. CONFIDENTIALITY
The contents of the Services provided to You by Us, which You have received following the proper registration of Your details by You to this Website for the Services shall be confidential and cannot be shared with a third party. Any person who wishes access to the contents of the Service must register.
9. TERM
9.1. These Terms shall remain in full force and effect until terminated on written notice by one party to the other. Upon termination You and Your users shall immediately cease all usage of the Website and/or Services.
9.2. The termination of these Terms shall be without prejudice to and shall not affect any rights or liabilities which accrued prior to such termination.
10. PERSONAL DATA & COOKIES
10.1. We take the privacy of its users seriously. We shall retain and process information (including Representatives’ personal and sensitive data) in accordance with the applicable legislation, including the Data Protection Act 1998. Please see our Privacy Statement by clicking the link [ insert link ] for further details.
11. JURISIDCITION
11.1. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law.
11.2. The courts of England and Wales have exclusive jurisdiction to settle all disputes which arise out of, including a dispute regarding the existence, validity or termination of these Terms, or in connection with, these Terms.
12. MISCELLANEOUS
12.1. Any failure by Us at any time to enforce performance by You of any provision of these Terms shall in no way affect our rights thereafter to enforce the same, nor shall the waiver by us of any breach of any provision hereof be deemed to be a waiver by Us of any other breach of the same or any other provision hereof.
12.2. Any and all headings in the text of these Terms are solely for convenience or reference and do not constitute a part of the Terms, nor do they affect the meaning, construction or effect of the Terms.
12.3. Any time We are authorised or entitled to take any action, refrain from taking any action or make any determination, We may do so at Our sole discretion, exercised in good faith.
12.4. As used in these Terms, the words “include(s)” and “including” mean, “including without limitation”.
12.5. Any representation, obligation or covenant made by You is continuous.
12.6. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
12.7. These Terms shall be binding upon You and Your respective successors and assigns and inure to the benefit of Us and Our respective successors and assigns.
12.8. A person, who is not a party to these Terms between You and Us, shall have no rights to enforce any of its terms.
12.9. We may from time to time assign these Terms in whole or in part to any of Our Affiliates and/or an acquirer, in whole or in part, of any of Our business or assets.
12.10. If any provision of these Terms is declared or found to be invalid, illegal, unenforceable or void, then:
a. the parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid, illegal, unenforceable or void, and these Terms shall be deemed amended by modifying such provision to the extent necessary to make it valid, legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is valid, legal and enforceable and achieves the same objective, and
b. the remaining provisions hereof shall be unimpaired and remain in full force and effect.
13. If You have any queries as to the use of this Website and/or these Services please contact Us at : regdata@fenics.com
