IN THESE CONDITIONS OF USE, the words "you" and "your" mean the institutional Subscriber, as well as each Authorised User within that institution, as applicable. The words "BrokerHub", "the Company", "we", "us", and "our" mean BrokerHub Ltd. The "Platform" means the BrokerHub transactional and informational web platform.
You understand that by using the Platform you have agreed to its terms and conditions. You agree that use of the Platform by your affiliates will be solely in accordance with its terms and conditions.
You are an authorised financial markets trading entity in one or more of the financial derivatives markets and have the ability to legally and financially act in these markets. An accredited Financial Authority regulates you. You agree to notify us immediately if at any time you, your Authorised Users or any Transaction that you have posted on the Platform no longer meet the eligibility criteria. We reserve the right to constitute different classes of Users (e.g. traders, brokers and support staff) based on their relative rights and duties with respect to their use of and access to the Platform. You are responsible for assuring that only Authorised Users that you designate will use the Platform on your behalf. We will supply you with logins and passwords that provide each Authorised User access to your account and you are the sole and exclusive owner of those passwords. You agree to accept sole responsibility for the use, confidentiality and protection of the passwords, as well as for any and all information and other messages and instructions entered or transmitted under identifiers and passwords of your Authorised Users. You agree not to disclose your passwords or use your passwords for any purpose not expressly authorised by us. If you direct us in writing, we will revoke access by any of your Authorised Users. Users may be allowed or required to change their Passwords from time to time. BrokerHub shall have no responsibility for controlling or monitoring the use of such Passwords and no liability for any use of such Passwords. You agree that BrokerHub may rely upon, and shall be protected in acting upon, any written notice, request, direction or other document reasonably believed to be genuine and to have been signed or presented by you or on your behalf by an Authorised User. You agree to give us prompt notice of any unauthorised use of the Platform or Platform Information by any third party of which you become aware. You also agree to cooperate with us in investigating any reported unauthorised use.
3. RIGHTS OF USE
You may use the Platform (i) to transmit information to and receive information from those companies who routinely trade or transmit business with you as a normal course of business; (ii) for internal use in connection with your own business requirements. You shall not charge, or allow others to charge, any such party for use of the Platform, unless otherwise mutually agreed in writing. You shall not sell, license, publish, distribute, lease, rent or otherwise transfer the Platform or perform, display or otherwise use the BrokerHub in the operation of a service bureau or for the benefit of unrelated third parties, unless otherwise mutually agreed in writing. You shall not copy the BrokerHub system, in whole or in part. You shall not otherwise copy, modify, translate or prepare derivative works of the BrokerHub.
4. PROPRIETARY RIGHTS
You acknowledge that BrokerHub owns and will retain all rights, title and interest in and to the Platform and all related copyrights, patents, trade secrets and other proprietary rights. You shall not reverse engineer, decompile, disassemble or apply any process, technique, or procedure or make any attempt to ascertain or derive the source code to the Platform.
BrokerHub disclaims any warranty that any transaction information or other information relating to User or any other party that is included on BrokerHub Platform is true, complete or accurate. All such data and information is provided on an "AS-IS" basis without any warranty of any kind. BROKERHUB MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ANY SUCH INFORMATION, ANY REFERRALS, OR ANY THIRD PARTY PROVIDERS OR THEIR INFORMATION OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. The User acknowledges and agrees to accept the risk that the BrokerHub Platform and any transaction information of the User or any other party on BrokerHub Platform, from time to time may contain inaccuracies and may be adversely affected by computer viruses, unknown programming difficulties resulting in incorrect information or system malfunctions or shut-downs; provided, however, that BrokerHub agrees to use reasonable commercial efforts to correct any inaccuracies expressly made known to it and to correct and/or remove (as appropriate) any computer viruses and other system malfunctions and shut-downs that are within its control. BrokerHub shall not be liable for any liability, loss, damage, cost or expense caused from error, omission, interruption, deletion, defect, delay in operation or transmission, communication or line failure, theft or destruction, unauthorised access to, alteration of or use of BrokerHub Platform, or the actions of any other party involving the use of BrokerHub Platform. Should a dispute arise between you and any other User on BrokerHub Platform, BrokerHub is not required to act as a mediator between the involved parties, but may on occasion do so if notified of a dispute or a mistrade. If you have a dispute with another party, regardless of whether BrokerHub attempts to mediate such dispute, you hereby release, and agrees to indemnify and hold harmless, BrokerHub, its directors, officers, shareholders, employees, agents and affiliates, from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
This Legal Notice governs your use of this website. Please read it carefully. By accessing this website you acknowledge and agree to the following. Calls to our support desk may be recorded for our usage. If you do not agree, please log off this website immediately.
The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You agree that you will not engage in any activities related to the website that are contrary to applicable law, regulation or the terms of any agreements you have with BrokerHub. In circumstances where locations of the website require identification for access, you agree to establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. The tools, materials and information contained on the site are for informational purposes only. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by BrokerHub to buy or sell any securities, futures, options or other financial instruments or to provide any investment advice or service. The information on this website is strictly reserved for professional use.
The information available through this website is subject to change without notice; BrokerHub makes no commitment to update the information. The information available through the site is not a substitute for any form of advice. The investments and investment services described on this website may not be suitable for all people. Depending on your objectives and financial situation, the recommendation in the web may not be suitable for you. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction. The information on this website is not to be relied upon for the purpose of making an investment, and is not intended to be an offer to buy or sell securities. The price or value of any investment identified directly or in the site may fall or rise against the interests of the user. The value of investments and the income derived from them may go down as well as up and you may not receive back all the money that you trade and, in some circumstances you may become responsible for more money than you initially committed to trade. Any investor trading or investing in a financial instrument should conduct its own investigation and analysis of such instrument and consult with its own professional advisers as to the risk involved in entering into such transaction. Any information relating to past performance of an investment or investment service is not necessarily a guide to future performance. Where an investment is denominated in a foreign currency, fluctuations in the rate of exchange may have an adverse effect on the value, price or income of the investment. Any conclusions that users draw from the information presented on the site are their own and are not attributed to BrokerHub. Certain specific investments or investments services contained herein may have tax implications. For further information, seek advice from your tax adviser.
To the maximum extent permitted by law, BrokerHub shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence) or otherwise arising directly or indirectly related to your use of this website, or from any interruption or delay in access to this website for whatever reason. BrokerHub will not be held liable for any damages or injuries arising out of your use of the information or data contained in this website, including without limitation, damages relating to any, (i) error, omission, interruption, delay in operation or transmission, (ii) computer virus, (iii) failure or defect in any communication facilities, hardware or software, (iv) theft and destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from BrokerHub's negligence or otherwise. While every effort has been made to verify the accuracy of information appearing on this website, no representation or warranty is made as to its validity, timelessness, completeness, suitability, accuracy or reliability. All information on this website is provided "as is." To the maximum extent permitted by law, BrokerHub disclaims all warranties, express or implied by statute, custom or otherwise relating to information on this website including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose or freedom from viruses or other harmful code. You agree to hold BrokerHub harmless against any claims for damages arising from your use of the site or any decisions that you make based on information found herein. The use of the website is at your own risk. This website contains materials produced by third parties, and BrokerHub accepts no responsibility or liability in respect of any such third party materials.
This website and the copyright in the materials on this website (including all text, information, graphics, animation and images) is owned by or licensed to BrokerHub. BrokerHub and any other names, images and logos identifying BrokerHub, its associated companies and its products and services are proprietary trade marks of BrokerHub. You may view, print, download or store temporarily extracts from this website without alteration, addition or deletion for the purposes only of your own reference. If you download information or software from this site, you agree that you will not copy or remove or obscure any copyright or other notices or legends contained in any such information. Except as otherwise provided in this paragraph, neither this website nor any part of it may be otherwise copied, reproduced, distributed or transmitted in any media (including without limitation via any other website) without the written permission of BrokerHub. No other use of the information or materials contained on this website is permitted. All rights reserved. BrokerHub does not permit the use of its name in advertising, as an endorsement of any product or service, or for any other commercial purpose, except where expressly permitted by written agreement between parties.
This website contains links to other websites, and BrokerHub does not endorse or otherwise accept responsibility or liability for the operation or content of other websites that are not under its direct control. BrokerHub takes no responsibility for screening or reviewing information contained on any other website. There are inherent risks in the use of any software and information found in the Internet and you acknowledge that you understand these risks before using any of these services. And by creating a link to a third website, BrokerHub does not endorse or recommend any products or services offered on that website. Such links are provided solely for your convenience and information. Following links to any other websites or pages shall be at your own risk.
Except as otherwise provided below, you agree to treat all Platform Information as confidential to the Company, subject to your use in a manner consistent with this agreement. You agree not to disclose any Platform Information, other than to your directors, officers, attorneys, employees, other consultants and auditors who need Platform Information in connection with your trading activities and the trading activities of your customers in a manner authorised by this agreement, or monitoring compliance with your policies and applicable law. You agree to advise any of your affiliates using the Platform and all directors, officers, attorneys, employees, consultants and auditors of the confidential nature of the Platform Information and you will remain responsible for any breach of the terms of this Agreement by your affiliates and all directors, officers, attorneys, employees, consultants and auditors. You are not required to keep confidential Platform Information that is generally available to the public (other than as a result of a disclosure directly or indirectly by you in violation of this agreement), or is available to you from a source other than the Platform, provided that, to your knowledge, such source is not and was not prohibited from transmitting the information to you by a contractual, legal or fiduciary obligation to us, or you are advised that you are compelled to disclose pursuant to any legal proceeding, requirement of law or requests from regulators, and you have notified us in advance of such disclosure.