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 1. PARTIES AND REGISTRATION: "Trading Centres" means Trading Centres PLC, its subsidiary companies and associated companies and its agents and employees. "You" means the person specified as the user in the registration form. The details provided by you on the registration form are important. You must ensure they are correct and complete and inform us of any changes.
2. PAYMENT: ACCESS TO Trading Centres IS FREE. Premium services are available for which payment is required. Trading Centres will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay for the service. You agree to pay any fee for any of the premium services that you use which are not free of charge. Where you have chosen to make payment by credit card, the fees are payable in advance by way of monthly or annual subscription and are non-refundable except if Trading Centres gives you notice to terminate without cause. Where you have chosen to make payment by cheque, the fee's are payable annually in advance and are non-refundable except if Trading Centres gives you notice to terminate without cause. Trading Centres may send you an email or write to you one month before the expiry date on your credit card, or, where payment is by cheque, the expiry of your current annual subscription. If we do not hear from you within 10 days of sending our e-mail or letter, we reserve the right to downgrade your subscription to that of our free services only. Your subscription service will be restored once we have received your new credit card details or cheque, as applicable. Trading Centres will take all reasonable care to ensure that your payment data is properly transmitted and kept secure. You agree that we may receive remuneration from our connected companies or other third parties in respect of transactions carried out by them on your behalf. Details of any such remuneration will not be set out on the relevant contract note or confirmation note provided by such third party, but can be made available by them to you on request
3. COPYRIGHT AND YOUR RIGHTS: Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the "Information") is owned by Trading Centres or the providers of such information ("Data Providers"). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
Licence to copy for personal use:
You may print or download to a local hard disk extracts from the Information amounting to no more than four individual pages for your personal use only. Licence to recopy for limited purposes:
You may recopy to third parties for their personal information only certain Information as may be specified from time to time by Trading Centres as being available for that purpose, but only if 1. you clearly and prominently acknowledge the Trading Centres Web page as the source of the material; and 2. you inform third party that these conditions apply to him, her or it and that he/she/it must comply with them. This licence to recopy does not permit alteration, adaption or merging of material available on these pages. No part of the Trading Centres Web pages may be distributed or copied for any commercial purpose. No part of the Trading Centres Web pages may be reproduced on or transmitted to or stored by any other Web site or other form of electronic retrieval system by any person or entity that operates any such Web site or electronic retrieval system.
4. USER NAME AND PASSWORD: You are responsible for all use of the Services made using your username and password, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you believe there has been a breach of security of your username you should notify Trading Centres. Trading Centres, at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password. It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user's user name or password and any such actions may result in legal action, including criminal prosecution.
5. YOUR INFORMATION: Trading Centres will respect your personal information and will comply with all applicable UK legislation currently in force. Trading Centres will itself collect and use information you supply to Trading Centres in order to operate and enhance the Services in accordance with our Privacy Policy.
6. AVAILABILITY OF INFORMATION: Trading Centres reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Services at its sole discretion. It is your responsibility to refer to the changes. They may, at Trading Centres's absolute discretion come into effect immediately on posting. Trading Centres does not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Services. A single registered account may not be accessed by more than one display device simultaneously. Note that when accessing services that are stated to be "limited", you agree to the following access conditions which assign your rights to be logged off the relevant service to which you subscribe:: Trading Centres will at its discretion set a limit to the number of users who are able to access simultaneously those services (the "pool") and, on a rolling basis, if that number is exceeded the user who is the first in the pool will be logged off the relevant service. Free users will be restricted to viewing one Level 1 page with price data on at any one time; Bronze users will be restricted to 3 pages; and Silver users will be restricted to 5 pages.
7. INVESTMENT WARNING: The Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Services and Information do not constitute any form of advice or recommendation by Trading Centres and are not intended to be relied upon by users in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility. For your information we would like to draw your attention to the following investment warnings. The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Where the Information consists of pricing or performance data, the data contained therein has been obtained from company reports, financial reporting services, periodicals, and other sources believed reliable. Data computations are not guaranteed by Trading Centres or any of the Data Providers or affiliates and may not be complete. In respect of information relating to companies listed on the Alternative Investment Market ("AIM"), AIM is a market designed primarily for emerging or smaller companies to which a higher investment risk than that associated with established companies tends to be attached. In addition, the market for shares traded on AIM may not be as liquid as those traded on the Official List of the London Stock Exchange. The rules of AIM are less demanding than those of the Official List of the London Stock Exchange.
8. NON-UK ACCESS : The Services are not being offered in the US or Canada or to US persons or Canadian persons. Neither Trading Centres nor any of its Data Providers or affiliates make any warranties, express or implied that the Services or the availability of the Services in any particular jurisdiction outside the UK is in compliance with any applicable laws or regulations. Accordingly, if it is prohibited to make the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) such Services or any part are not directed at you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to receive the Services and, in particular, any document which allows you to apply for any securities through the Services in the country in which you are accessing the Services. Neither Trading Centres nor its Data Providers or affiliates accept liability for any costs, losses or damages resulting from or related to the availability or content of the Services to persons in jurisdictions outside the UK or to persons who are, or who are nominees of or trustees for, citizens, residents or nationals of other countries. The Services or any part do not constitute an offer or solicitation to sell investments in any jurisdiction.
9. ACCURACY OF INFORMATION : Neither Trading Centres nor any of its Data Providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Information or the Services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. Trading Centres, its employees, Data Providers and affiliates may or may not hold investments in the companies referred to in the Information and Services. You bear all risks from any uses or results of using any Information. You are responsible for validating the integrity of any Information received over the Internet. 10. INFORMATION POSTED BY YOU : You may place Information on the Service or make it available to other users by e-mail only where and as permitted by Trading Centres from time to time. Trading Centres does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (including, without limit, financial services regulations), (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information which (in Trading Centres's opinion) constitutes advertising or (v) any information outside the area designated for posting or (vi) any information or comment which is deemed harmful to Trading Centres or Trading Centres.s commercial interests. Trading Centres reserves the right to remove any such information from the Services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. We accept no responsibility for and give no warranties in connection with any information posted on our site by our users. We recommend that you do not rely on such information. Any information posted on our Web site by users has not been issued or approved for the purposes of section 57 of the Financial Services Act 1986. By placing on the Services or making available to other users any information you hereby grant Trading Centres a worldwide non-exclusive licence to use copy, distribute, publish and transmit such information in any manner Trading Centres wishes (including, without limit, archiving and making available such information as part of the Services).
11. INDEMNITY : You irrevocably indemnify Trading Centres and its Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by Trading Centres, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information or any part or the Services or any part or otherwise howsoever arising in relation to any breach of this Agreement by you.
12. HYPERTEXT LINKS : Trading Centres provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving Trading Centres's site and Trading Centres therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites
13. LIABILITY : Due to the number of sources from which Trading Centres obtains content and the nature of electronic distribution via the word wide web neither Trading Centres nor any of its Data Providers nor affiliates have any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use any Information contained in the Services or the provision of the Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall Trading Centres be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Services or the provision of Information. Trading Centres makes no warranty that the Service is year 2000 compliant or free from infection by viruses or anything else that has contaminating or destructive properties.
14. TERMINATION : This agreement will continue unless terminated in accordance with the following provisions. You may terminate your monthly agreement by giving Trading Centres not less than 30 days written notice from your next monthly renewal date. You may terminate your annual agreement by giving Trading Centres not less than 30 days written notice before your next annual renewal date (see address below for contact details) and Trading Centres may do the same, If you (i) fail to make any payments due to Trading Centres, (ii) are in breach of any of the terms of this agreement (except for a trivial breach remedied within 7 days of its occurrence), or any generally accepted guidelines on Internet usage and etiquette (such as restrictions on mass mailings and mass advertisements, pirating or copying software, mail bombing or attempts to violate security), (iii) you do or fail to do any act which jeopardises the continuance of the Services, (iv) if bankruptcy or insolvency proceedings are brought against you, (v) if you do not make any payments under a court judgement or fine, (vi) if you make an arrangement with your creditors or a receiver or administrator is appointed over your assets or (vii) if you go into liquidation, then Trading Centres may withdraw the Services from you, immediately and without notice or compensation and such termination shall be considered "with cause". Trading Centres will then be under no further obligation to you. Refunds of subscriptions to Trading Centres are at Trading Centres's sole discretion. Send notice of termination or downgrade including your username, full registered home and email addresses, service level to be downgraded to, contact telephone number and explanation of your intentions to: Trading Centres PLC, Subs Dept, 26 Throgmorton Street, London, EC2N 2AN. Trading Centres CANNOT ACCEPT NOTICE FOR CANCELATION OR DOWNGRADE VIA EMAIL, TELEPHONE OR FAX.
15. CONFLICTS OF INTEREST : Your attention is drawn to the fact that in respect of the Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to any Information supplied or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement in the course of carrying out their employment.
16. YOUR STATUS : You agree that in entering into this agreement you will at all times be acting as a Private Investor and not in the course of any employment, trade or profession which you may carry on. If you do not qualify as a Private Investor then more information can be found here
17. ASSIGNMENT : This agreement and any rights of access (password and username) to any Service provided to you may not be assigned, licensed or otherwise transferred by you to any other person without the prior written consent of Trading Centres. You agree to keep your password confidential.
18. COMPLETE AGREEMENT : These terms and conditions together with the duly completed registration form and payment method instructions, if any, are the whole agreement between you and Trading Centres. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Trading Centres. Trading Centres may from time to time make changes to these terms and conditions and payment rates which will be set out on Trading Centres's internet site not less than 14 days before they are intended to take effect. Unless you inform Trading Centres by post or e-mail that you object to the proposed changes and wish to terminate your subscription within this 14 day period, you will be deemed to accept the proposed changes.
19. GENERAL : Any notice from Trading Centres to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by English Law. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English Courts. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor Trading Centres shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them.
20. ACCEPTABLE USAGE POLICY : As a provider of real-time streaming stock market data, Trading Centres plc offers its customers the means to acquire said data via its online tools and products.
Customers are not permitted to utilise third party tools, applications or services that connect to, crawl, search, bot or stream from Trading Centres plc infrastructure in order to collate datum without the express consent of Trading Centres plc.
Trading Centres plc reserves the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
Private Investor - Definition. A Private Investor in the UK is a customer who does not carry on investment business within the meaning of the Financial Services Act 1986 (or is not carrying out regulated activity within the Financial Services and Markets Act 2000 once this has come into force) and who meets all of the conditions defined in points 1 through 5 below.
An Overseas Private Investor Customer (including The Republic of Ireland) is Customer who is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services and who fulfils the criteria listed below.
1. The customer subscribes to the service in a personal capacity.
2. The customer is not currently registered or qualified as a professional securities trader or investment advisor with any national or state exchange, regulatory authority, professional association or recognised professional body and acting in that capacity.
3. The customer does not currently act in any capacity as an investment advisor, whether or not they have at some time been qualified to do so.
4. The customer uses the service solely in relation to the management of their personal funds and not as a trader to the public or for the investment of corporate funds.
5. The customer does not distribute, republish or otherwise provide any data from the service to any third party in any manner.
6. The non-professional charge is designed to cover individuals - the exception to this would be a share club operating on a non-professional basis.
Jobseeker Terms and Conditions
1. DEFINITIONS:
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Advertisement any Advertisement issued by Trading Centres on behalf of the Client; Applicant a Jobseeker who applies for a vacancy advertised on the Site; Application an Application made by a Jobseeker to a vacancy advertised on the Site; Applicant a Jobseeker who applies for a vacancy advertised on the Site; Jobseeker a person who uses the Site for the purpose of finding employment; Client the person(s) who have agreed to the Client Terms and Conditions for use of the Trading Centres Site and Services; Conditions these Standard Terms and Conditions; CV the curriculum vitae or brief outline details of a Jobseeker's education, training, skills and employment experience which is provided to Trading Centres by a Jobseeker for distribution to Clients with a view to securing employment; CV Online a CV Service which enables the Client to search for and view CVs online using various search criteria; CV Service CV Online and CVs by Email; CVs by Email a CV Service which enables the Client to receive the latest CVs via email; End Client the person to whom the Client's services are provided; Jobs-by-Email a service which matches and sends vacancies via email to Jobseekers who have subscribed to this service; MyJobs a personalised page of the Site where a Jobseeker may access their own personal details, their CV, and a range of other services; Registration the process a Jobseeker completes in order to store and save their details and CV on Trading Centres, for the purposes of securing employment; Services the Services which Trading Centres has agreed to provide to the Client and the Services which are available on the Site for use by Jobseekers; Service Agreement the service agreement entered into between the Client and Trading Centres; Site the Site at http://www.tradingcentres.com Centres.com or any other website operated and maintained by Trading Centres from time to time;
1.2 In these Conditions: 1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. headings will not affect their construction.
2. APPLICATION OF THE TERMS
2.1. These Conditions to the exclusion of all previous terms and conditions issued by Trading Centres shall apply to any Jobseeker who uses Trading Centres after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the Jobseeker upon acceptance of these Conditions during Registration, or in the case of a Jobseeker who has not completed Registration, when an Application is made.
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of Trading Centres.
3. SERVICES GENERALLY
3.1. Trading Centres does not act an Employment Agent or Employment Business on behalf of any Client, Jobseeker or other user of the Site and any such relationship is expressly denied.
3.2. Trading Centres does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. Trading Centres relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Jobseeker to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
3.3. Trading Centres shall be entitled at anytime without notifying the Jobseeker to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided
3.4. Any intellectual property, ideas, concepts, know-how or techniques developed by Trading Centres or obtained during the execution of the Services will be owned exclusively by Trading Centres.
3.5. Trading Centres shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.6. The Jobseeker accepts that Trading Centres shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Jobseeker's failure to comply with these Conditions.
3.7. The Jobseeker agrees to provide Trading Centres, in such a format as Trading Centres may request, any information necessary to enable Trading Centres to provide those Services.
3.8 Trading Centres shall not be obliged to provide those Services until the Jobseeker has supplied it with the information, necessary to provide those Services.
4. JOBS BY EMAIL:
If the Jobseeker has signed up to receive Jobs-By-Email, the provisions of this clause 4 shall apply thereto.
4.1. Jobs-By-Email will contain a limited listing of live vacancy Advertisements posted or renewed since the last Jobs-By-Email sent to the Jobseeker and matching the Jobseeker's search criteria.
4.2. The Jobseeker accepts that Trading Centres cannot guarantee the number of vacancy Advertisements distributed in the Jobs-by-Email and that no obligations are imposed on Trading Centres in this regard.
5. CV's:
If the Jobseeker has saved their details and stored a CV on Trading Centres, the provisions of this clause 5 shall apply thereto.
5.1. The Services are subject to any instructions from a Jobseeker that his or her details should or should not be made available to the Client and Trading Centres will only make available or supply copies of the CVs which have been received by it for distribution to Clients of Trading Centres solely for the purpose of securing suitable employment for the Jobseeker.
5.2. The CVs by Email service will (under normal circumstances) be delivered to the and will include all CVs identified by the search strings selected by the Client.
5.3. The CV Online service will (under normal circumstances) be available to the Client at all times and will allow the Client access to all distributable CVs on the Site.
5.4. Trading Centres cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients on any given day.
5.5. Trading Centres will (under normal circumstances) ensure that CVs are made available online within one hour of receipt of the CV from a Jobseeker via CV Online.
5.6. Trading Centres may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Jobseeker to its Clients.
5.7. Trading Centres has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Jobseeker information or CV accepted by it.
5.8. Trading Centres may refuse, withdraw, or require to be amended, any Jobseeker information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Trading Centres or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.9. The Jobseeker hereby undertakes that:
5.9.1 the details and CV they store and save on Trading Centres are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
5.9.2 that if any of the information stored and saved on Trading Centres for the purposes of securing employment is found to be false or inaccurate in any way, that Trading Centres reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
5.9.3 in respect of any information or CV submitted by the Jobseeker which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy;
5.10. The Jobseeker acknowledges that if they publish a CV by way of the ActionCV service, using a unique URL, then Trading Centres cannot restrict access to this information by any third parties and they cannot therefore be held liable for any loss or damage resulting from any such access in any way whatsoever.
6. APPLICATIONS AND APPLICATIONS FORMS:
If the Jobseeker makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause 6 shall apply thereto:
6.1. The Jobseeker hereby undertakes that:
6.1.1. they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
6.1.2. they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
6.1.3. they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
6.1.4. the details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
6.1.5. that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Trading Centres reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
6.1.6. in respect of any information submitted during the Application by the Jobseeker which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy.
6.2. Trading Centres has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
6.3. Trading Centres may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Trading Centres or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
6.4. When a Jobseeker makes an Application through the Site, Trading Centres will pass the Jobseeker's details to the Client who placed the Advertisement for the purpose of that one Application only.
6.5. The Jobseeker accepts that Trading Centres cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on Trading Centres in this regard.
7. JOBSEEKERS OBLIGATIONS:
7.1. The Jobseeker agrees that:
7.1.1. it has read, understood and agrees to the Privacy Statement on the Site;
7.1.2. it will keep confidential and not disclose to any person the password used by them in relation to the Services;
7.1.3. it will be responsible for any misuse of all such passwords.
8. LIABILITY:
8.1. Trading Centres will not be liable (whether in contract or tort) for:
8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials that the Jobseeker supplies to Trading Centres and the Jobseeker shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
8.1.2. any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Jobseeker;
8.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of Trading Centres, its employees or agents |