Terms of Use
Last Updated: September 29, 2011
WEBSITE TERMS OF USE
This website www.tradition-icap.com
(the "Site"), is a website of the Tradition Group . A full list of
Tradition Group Companies is available at www.tradition.com.
These terms and conditions (the "Terms") govern your access to
and use of this Site. These Terms supplement our general terms of
business and any terms of business you may have otherwise agreed
with Tradition for specific services performed via the Site. Please
read these Terms carefully. By continuing to access and use the
Website you are deemed to have understood and agreed to the Terms.
If you do not agree to these terms of use, please refrain from
using our Site.
For the purposes of the Terms, "we", "us", or "Tradition" shall
be deemed to be the relevant Tradition Group Company providing
access to the Site to you. Each such Tradition Group Company shall
have an interest in, take the benefit of, and be bound by these
terms and conditions, as applicable. "Tradition Group Company"
shall mean any Affiliate of Compagnie Financiere Tradition of Rue
de Langallerie 11, CH-1003 Lausanne where the term "Affiliate"
shall mean, in respect of any party, persons who control, are
controlled by or are under common control with such party.
1. ACCESSING OUR SITE
As this Site is provided to you without charge we reserve the right
to withdraw access to the Site at any time without notice. To the
fullest extent permitted by law we will not be liable if the Site
is unavailable for any reason at any time.
From time to time we may restrict access to some parts of our
Site, or to our entire Site, only to those who have registered with
us.
If you choose, or you are provided with, a user identification
code, password or any other piece of information as part of our
security procedures, you must treat such information as
confidential, and you must not disclose it to any third party. We
have the right at our sole discretion to disable any user
identification code or password at any time.
2. SITE CONTENT
All of the contents of this Site, including, without limitation,
the text, data, graphics, photographs, illustrations, artwork,
names, logos, trade marks, service marks and information connected
with Tradition ("Information") is property of Tradition and/or its
licensors. Tradition attempts to ensure Information is accurate,
however Information is provided "AS IS" and on an "AS AVAILABLE"
basis and may not be accurate or up to date. Information on this
Site may or may not have been prepared by Tradition but is made
available without responsibility on the part of Tradition.
Tradition does not guarantee the accuracy, timeliness,
completeness, performance or fitness for a particular purpose of
the Site or any of the Information. No responsibility is accepted
by or on behalf of Tradition for any errors, omissions, or
inaccurate Information on the Site.
You may only use the Information retrieved from this Site for
your own personal, non-commercial, educational, private or domestic
purposes. You agree to not engage in the use, copying, or
distribution of any of the Information, other than expressly
permitted herein. If you download or print a copy of the
Information for personal use, you must retain all copyright,
trademark, or other proprietary notices. Tradition and/or its
licensors reserve all rights not expressly granted in and to the
Site and the Information.
No action should be taken or omitted to be taken in reliance
upon Information on this Site. To the fullest extent permitted by
law we accept no liability for any use of and/or reliance placed on
the Information.
3. LIABILITY
All implied warranties, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy are
excluded from these Terms to the fullest extent that they may be
excluded as a matter of law.
Further, Tradition does not warrant that the Site will be
uninterrupted or error free or that any defects will be
corrected.
IN NO EVENT WILL THE COMPANY OR OUR OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE
IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE
OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING
LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND
DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR
INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS
APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE OR OUR
AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Tradition will not be responsible for any breach of these Terms
caused by circumstances beyond its reasonable control.
4. ADVICE
Information on the Site is not offered as advice on any particular
matter and must not be treated as a substitute for specific advice.
In particular Information on the Site does not constitute
professional, financial or investment advice and must not be used
as a basis for making investment decisions and is in no way
intended, directly or indirectly, as an attempt to market or sell
any type of financial instrument. Advice from a suitably qualified
professional should always be sought in relation to any particular
matter or circumstances.
5. INVESTMENT
Tradition does not conduct investment business in the United
Kingdom with private customers and accordingly services and
products mentioned or referred to in any advertisements on this
Site are not available to such persons via Tradition. Please note
that the provision of investment services may be restricted in
certain jurisdictions. You are required to acquaint yourself with
any local laws and restrictions on the usage of this Site and the
availability of any services described therein. The information on
this Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution
would be contrary to local law or regulation.
The contents of this Site do not constitute an invitation to
invest in shares of Tradition, or constitute or form a part of any
offer for the sale or subscription of, or any invitation to offer
to buy or subscribe for, any securities or other financial
instruments, nor should it or any part of it form the basis of, or
be relied upon in any connection with any contract or commitment
whatsoever.
6. THIRD PARTY ADVERTISING
We may allow third parties to place advertisements on our Site. Any
third party advertisements are clearly labelled as such. Tradition
does not endorse and is not responsible for the content of any
third party advertisement on this Site or otherwise.
7. LINKS TO THIS AND OTHER SITES
You may not frame, link or deep-link this Site to any other Site
without our prior written consent. Should you wish to frame or to
set up a link / deep-link to our Site please contact: publicrelations@tradition.com
Tradition is not responsible for any third party Site or Site
content (including, without limitation, any advertising appearing
therein) which can be accessed through this Site.
This Site may contain links to websites operated by other people
or companies. Those websites may have their own privacy policy or
no privacy policy at all. We do not have any responsibility for
those websites, and we provide the links solely for the convenience
of our visitors.
8. REGULATION
Calls and communications with Tradition may be recorded to enable
Tradition to carry out its regulatory responsibilities.
9. PROHIBITED USES
You may only use the Site for lawful purposes. You may not use our
Site in any way that breaches any applicable local, national or
international law or regulation. You agree to indemnify, defend and
hold harmless Tradition, our officers, directors, employees,
affiliates, agents, licensors, suppliers, successors, assigns, and
their past and present officers, directors and employees,
representatives and agents from and against any suit, claim,
liability, or proceeding in connection with: (i) any claim due to
or arising out of your violation of these Terms; (ii) your use of
and access to the Site.
10. COPYRIGHT AND REPRODUCTION NOTICE
Except as is otherwise indicated, Tradition is the owner of the
copyright in all the Information featured on this Site and of all
related intellectual property rights, including but not limited to
all database rights, trade marks, registered trade marks, service
marks and logos.
You are permitted to download, print, store temporarily,
retrieve and display Information from the Site on a computer
screen, print individual pages on paper (but not photocopy them)
and store such pages in electronic form on disk (but not on any
server or other storage device connected to a network) for your
personal use. The permission to recopy by an individual does not
allow for incorporation of material or any part of it in any work
or publication in any form.
You are not permitted (except where you have been given express
permission to do so) to adapt or modify the Information on this
Site or any part of it and the Information or any part of it may
not be copied, reproduced, republished, downloaded, posted,
broadcast or transmitted in any other way to any third parties for
commercial gain.
11. COMPUTER VIRUSES AND HACKING
Whilst we use reasonable endeavours to protect this Site from
computer viruses, worms, and Trojan Horses ("Viruses"), we do not
warrant that the Site is free from such Viruses and accept no
liability for any damage that may result from the transmission of
any Viruses via this Site or via any files which are available for
you to download from the Site. You must not knowingly introduce
Viruses to the Site.
You must not attack our Site via a denial-of-service attack or a
distributed denial-of-service attack. Any such action would be a
criminal offence under the Computer Misuse Act 1990 (as amended)
and/or other applicable laws/regulations. We will report any such
breach to the relevant law enforcement authorities.
12. TRADEMARKS
The Tradition and Tradition-Icap logo are UK registered trademarks
of Compagnie Financiere Tradition.
13. CHANGES
We may, from time to time, determine that changes in these Terms
are prudent. Each time you use the Site, the current version of the
Terms will apply. Accordingly, when you use the Site, you should
check the date of these Terms (which appears at the top) and review
any changes since the last version.
14. SEVERABILITY
If these Terms or any part of them should be determined to be
illegal, invalid or otherwise unenforceable under the laws of any
state or country in which these Terms are intended to be effective,
then to the extent that they are so illegal, invalid or
unenforceable, they shall in that state or country be treated as
severed and deleted from these Terms and the remaining Terms shall
survive and remain in full force and effect and continue to be
binding and enforceable in that state or country.
15. PRIVACY POLICY
Please refer to the Privacy Policy which is a part of these Terms
and contains provisions applicable to the use of personal data.
16. GOVERNING LAW
These Terms are subject to English law, without regard to its
conflict of laws provisions. The parties consent to the exclusive
jurisdiction of the courts of competent located in the province,
state, or city (as applicable) in which the Tradition Group Company
providing services is located, provided that if there are more than
one Tradition Group Company is providing services, the parties
consent to the exclusive jurisdiction of the English courts.
17. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by us
without restriction.
Copyright © 2011 Compagnie Financière Tradition
