Website Terms
The website content is not and should not be construed as tax, legal, investment or accounting advice. Furthermore, no information should be considered as an offer or a solicitation of an offer, or an invitation or inducement to engage in any investment, transaction or other type of regulated activity. The website is not an advertisement of financial services. The website should not be regarded by visitors as a substitute for the exercise of their own judgment as the website has no regard to the specific investment objectives, financial situation or particular needs of any specific person. The website content is for information purposes only. All such information referred to on the website is subject to change without notice, and neither IVM Markets Inc nor any of its subsidiaries or affiliates is under any obligation to update or keep current the information contained on the website. The website may not be reproduced, redistributed or published, in whole or in part, for any purpose without the written permission of IVM Markets Inc, and neither IVM Markets Inc nor any of its affiliates accepts any liability whatsoever for the actions of third parties in this respect. Neither IVM Markets Inc nor any of its subsidiaries, affiliates, directors, officers, representatives or employees shall have any liability whatsoever for any direct, indirect or consequential loss or damage arising from any use or reliance on the information provided by the website.
Terms on the use of the Platform
These terms and conditions (the “Terms”) govern the use of IVM Structured Product Suite (“Platform”). IVM Markets Inc and its subsidiary IVM Markets UK Ltd (“us” or “we”) operates under the domains ivmmarkets.com, including pricer.ivmmarkets.com, alpha.ivmmarkets.com, rzb.ivmmarkets.com, other websites hosted under the *.ivmmarkets.com domain (“Platform”) and grants selected counterparties (each, a “Counterparty”) and their Authorised Persons (as defined below) a limited, revocable, non-exclusive, non-transferable and non-sub-licensable licence to use the Platform subject to these Terms. The Counterparty and its Authorised Persons confirm they understand and accept the Terms through their use of the Platform. The Counterparty may request access to the Platform for persons within its organisation (each, an “Authorised Person”) who will use the Platform on the Counterparty’s behalf and under its full responsibility. The use of certain functionality may be subject to the acceptance of additional terms and conditions. We may amend the Terms from time to time and such amended Terms shall be deemed accepted by the Counterparty and its Authorised Persons by the next use of the Platform. Any material modifications will be sent by email 30 days before they take effect.
Access to the Platform
The Counterparty shall be able to gain access to the Platform through the means of one or more sets of Login Data granted to its specified Authorised Persons. All activities based on authentication via the Login Data assigned to any Authorised Persons will be attributed to the Counterparty and shall be legally binding on it. If we have reason to believe there may be a breach of security through the Login Data we may notify the Counterparty and/or the applicable Authorised User and require a password reset, or we may suspend or terminate access. Any personal information that we process (including as part of the Login Data) will be processed in accordance with our Privacy Policy.
Use of the Platform
The Counterparty and/or its Authorised Persons shall ensure that they will use suitable systems to access the Platform and run reasonable security checks on their own systems used to access the Platform. The Counterparty and/or its Authorised Persons shall ensure that they will:
- not introduce any publicly known malware to the Platform;
- not seek to circumvent or violate any data security measures employed by us;
- not attempt to test the vulnerability of the Platform or otherwise attempt to breach our security processes;
- not share any login details to access the Platform with third parties;
- comply with all applicable laws in your use of the Platform; and
- comply with any other policies notified to them from time to time.
In the event the Counterparty and/or its Authorised Persons become aware of a material defect, virus or malfunction in the systems they use to access the Platform or the Platform itself, they shall immediately notify us of such event.
Suspension
We may suspend or permanently withdraw access to the Platform at any time without any liability to the Counterparty and/or any Authorised Persons.
Confidentiality
Each party agrees to keep confidential any Confidential Information (as defined below) belonging to the other party and not make use of such information other than: for the purposes of carrying out their respective obligations as set under these Terms or in any signed Agreements, or unless prior written consent has been received, or it is required by law or an applicable regulator. Confidential Information means all information that should reasonably be considered as confidential, including, without limitation, trade secrets, technology and information relating to business operations. The Counterparty and its Authorised Persons undertake not to distribute or transfer or copy any of the data from the Platform, apart from the final outcome of the pricing performed by the Authorised Person. We shall have the right to use any usage data, including data output, from the Platform provided that it has been anonymised.
Intellectual property
All rights in patents, copyrights, design rights, trade marks and any other intellectual property rights (whether registered or unregistered) relating to the Platform remain vested in us. The Counterparty shall not copy, interfere with, tamper with, alter, amend or modify the Platform or any of its parts. These Terms do not grant the Counterparty or any of its Authorised Persons any ownership rights to the Platform. All licences granted to the Counterparty and its Authorised Person shall terminate immediately on written notice from us.
Privacy policy
Our Privacy policy that informs you about our practices related to Personal information we collect forms part of these Terms and can be found here.
Disclaimer of warranties
We disclaim all implied representations and warranties regarding the Platform including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. We make no representation that the Platform will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or continually available. The Counterparty and/or its Authorised Persons have sole responsibility for results obtained from the Platform and any decisions that they may take from such results. We do not perform any regulated service or activity including, without limitation, any investment advisory, investment management services or investment research. No investment decisions should be made based on the data or information available on the Platform. Nothing accessed from the Platform shall constitute or be construed as an offering of financial instruments or as investment advice or investment recommendations (e.g. recommendations as to whether or not to “buy”, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest or interests). No aspect of the Platform is based on the consideration of Counterparty’s individual circumstances and data and other information available via the Platform should not be considered as information sufficient upon which to base an investment decision. No information or services obtained from the Platform shall be construed as tax, legal, investment or accounting advice.
Exclusions, limitations and indemnity
Subject to the following paragraph, neither we nor our affiliates, employees, officers, directors or agents shall be liable for any losses, damages, costs or expenses suffered by the Counterparty or its Authorised Persons directly or indirectly in connection with the use of the Platform, including for any consequential, special, incidental, or indirect damages under any cause of action or theory of liability. Notwithstanding the preceding paragraph, nothing in these Terms shall limit or exclude our liability to the Counterparty or its Authorised persons for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any matter which cannot be limited or excluded by law. The Counterparty and its Authorised Persons undertake that they will indemnify us and our affiliates, employees, officers, directors and agents against any claim or loss resulting from your breach of this Agreement and will keep us indemnified against all actions, claims, costs and damages and all legal costs and other expenses arising out of the use of the Platform by the Counterparty and its Authorised Persons.
Exclusion of third party rights
No one other than a party to these Terms has any right to enforce any of these Terms.
Assignment
The Counterparty may not assign, sub-contract, or transfer any rights or obligations under these Terms without our prior written consent.
