END USER LICENCE AGREEMENT FOR Marketmaker TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY BEFORE USING MATERIALS:
These terms and conditions ("Terms") (together with the documents referred to on it) are a legal agreement between you and CMC Markets UK plc ("CMC Markets") and tell you the terms and conditions on which CMC Markets supplies a service consisting of internet access to the software product known as Marketmaker on the site at https://ca.cfd.cmcmarkets.com ("Application") to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPLICATION AND CLICK ON THE BUTTON MARKED "ACCEPT" AT THE END OF THESE TERMS IF YOU ACCEPT THEM. BY CLICKING ON THE ACCEPT BUTTON, YOU ACCEPT THESE TERMS INCLUDING BUT NOT LIMITED TO THE LIMITED WARRANTY AND LIMITATION OF LIABILITY. YOU SHOULD THEREFORE READ THESE TERMS CAREFULLY BEFORE CLICKING ON THE ACCEPT BUTTON. IF YOU ARE UNCERTAIN AS TO YOUR RIGHTS OR YOU WANT ANY EXPLANATION OF THEM PLEASE CONTACT US AT CMC MARKETS CANADA INC, 130 ADELAIDE STREET WEST, SUITE 1800 TORONTO, ON M5H 3P5. TELEPHONE: 416-682-5000, FACSIMILE: 416-682-5099, EMAIL: INFO@CMCMARKETS.COM.CA. IF YOU REFUSE TO ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APPLICATION. YOU SHOULD UNDERSTAND THAT BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS.
These Terms are subject to change from time to time for security, legal or regulatory issues. Any changes CMC Markets may make to these Terms will be posted on this page as amended terms and you will be asked to accept the amended terms again by clicking on the button marked "accept". If you refuse to accept amended terms, you will not be able to continue to use the Application.
1. Information about CMC Markets and Information Internet
https://ca.cfd.cmcmarkets.com is a site operated by CMC Markets UK plc, a company registered in England and Wales under company number 02448409 and with its registered office at 133 Houndsditch, London EC3A 7BX. CMC Markets' main trading address is 133 Houndsditch, London EC3A 7BX. CMC Markets' VAT number is 849 1757 83. Information Internet is a company registered in England and Wales under company number 03149891 and with its registered office at 133 Houndsditch, London EC3A 7BX. Information Internet is part of the CMC Markets Group.
CMC Markets is regulated by the Financial Conduct Authority in the UK and CMC Canada Inc. is a member of the Investment Industry Regulatory Organization of Canada and a member of the Canadian Investor Protection Fund.
You are responsible for making all arrangements and for obtaining all relevant licences, consents and rights necessary for you to have access to the Application.
While CMC Markets endeavours to ensure that the Application is normally available 24 hours a day, due to the nature of the internet and the fact that your access to the Application involves features outside CMC Markets' control, CMC Markets is not responsible for any technical problems you may experience with the Application. Access to the Application may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond CMC Markets' control. CMC Markets will not be liable if for any reason the Application is unavailable at any time or for any period for these reasons. If you do experience technical problems, please use the "contact us" facility on the Application.
CMC Markets aims to update the Application regularly, and may change the content at any time. If the need arises, CMC Markets may suspend access to the Application, or close it indefinitely.
3. Use of the Application by You
The Application is made available to you to enable you to use it solely to facilitate on-line financial product trading.
CMC Markets hereby grants you a personal, non-exclusive, revocable and non-transferable licence, to access and make personal and non-commercial use of the Application for the limited purpose of trading financial products on-line with CMC Markets in accordance with the express provisions of these Terms and the Trading Agreements. No other rights are granted.
You may not:
- copy, reproduce, duplicate, or use the Application except as expressly provided for in these Terms;
- permit other individuals to use the Application except as expressly permitted in these Terms;
- modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable law expressly and specifically prohibits such restrictions), or create derivative works based on the Application or any of its contents;
- modify the operation of the Application unless CMC Markets expressly authorises you to do so in writing;
- re-distribute, re-sell, re-transmit, sub-licence or make commercial use of the Application or any content or data provided within the Application;
- make a collection of any product listings, descriptions or prices;
- download or copy account information for the benefit of a third party supplier of similar services; or
- use data mining, robots or similar data gathering and extraction tools.
You may print off reasonable copies, and may download extracts, of any page(s) from the Application for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Access to or use of the Application (or information, materials, products and/or services on the Application) may be prohibited by law in certain countries or jurisdictions. You are responsible for complying with the laws and regulations of the country from which you are accessing the Application. CMC Markets cannot guarantee that the Application (or information, materials, products and/or services on the Application) is legal, appropriate or available for use in locations outside the United Kingdom.
CMC Markets reserves the right to suspend or terminate your access to the Application (or portions of it) at any time and without notice if CMC Markets reasonably believes you are using the Application in any way that is contrary to these Terms or the Trading Agreements or provision of the Application may expose CMC Markets to any liability.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of CMC Markets' security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Such information is personal to you and you must not allow anyone else to use such information to access and/or use the Application. CMC Markets has the right to disable any user identification code or password, whether chosen by you or allocated by CMC Markets, at any time, if CMC Markets reasonably believes you or any person authorised by you to use the Application has failed to comply in any respect with the provisions of these Terms.
No use of the Application is authorised hereunder except strictly in accordance with these Terms.
4. Viruses, hacking and other offences
You must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs or other material or code which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application. You must not attack the Application via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Canadian Criminal Code, R.S., 1985, c. C-46. CMC Markets will report any such breach to the relevant law enforcement authorities and CMC Markets will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Application will cease immediately.
CMC Markets will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any material posted on it, or on any website linked to it.
5. Linking to the Application
You may not link to the Application except with CMC Markets' prior written consent. If such consent is given, you will only do so in a way that is fair and legal and does not damage CMC Markets' reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on CMC Markets' part where none exists. You must not establish a link from any website that is not owned by you. CMC Markets reserves the right to withdraw linking permission without notice.
6. Links from the Application
Where the Application contains links to other sites and resources provided by third parties, these links are provided for your information only. CMC Markets has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Proprietary Rights
Unless otherwise indicated, the Application and its design, text, content, arrangement, organisation, graphics, compilation, magnetic translation, digital conversion and other matters related to the Application ("Elements") are protected under applicable copyrights, trademarks and CMC Markets is the owner or the licensee of all intellectual property and other proprietary rights in the Application and all such Elements. All such rights are reserved.
The posting of the Application and any Elements on the Application does not constitute a waiver of any right in the Application or such Elements. Except as expressly granted in these Terms, you do not acquire any rights, title or interest in or to the Application or any such Elements.
8. Standard of the Application
This Application is provided by CMC Markets to you in accordance with and subject to the Trading Agreements and subject to any qualification or representation contained therein or in the dealing guide.
9. Limits of liability
CMC Markets shall not be liable for any losses, which are not a foreseeable consequence of any breach by CMC Markets of these Terms or its obligations under the Trading Agreements.
CMC Markets shall not be liable for any loss, or for any loss of profits or loss of revenue, suffered by you resulting from any use of the Application not contemplated by these Terms or the Trading Agreements.
Nothing in these Terms excludes CMC Markets liability for death or personal injury; for fraud or fraudulent misrepresentation; for breach of the obligations implied by the applicable Provincial legislation governing the sale of goods or consumer protection; or for any other liability which may not be excluded by law.
10. Your statutory rights
If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from these Terms and the remainder of the limitation or exclusion shall continue in full force and effect.
Any rights that you may have as a consumer (i.e. a user for private as opposed to business, academic or government use) are not affected.
11. Uploading Data to the Application
You agree that CMC Markets may collect and use technical information gathered as part of your use of the Application. You consent to CMC Markets processing and using all such information for the purposes of administering the relationship between you and CMC Markets and for analysis and improving and developing CMC Markets' products and services.
When you use the Application, CMC Markets will log your IP (Internet Protocol) address (the unique reference number allocated to a computer when accessing the Internet). CMC Markets will collect basic information about the way you use the Application during your visit. This information is used only for site navigation and systems administration purposes.
The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms or any dispute in relation to the materials contained in the Application shall be governed by English law. (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction).
These Terms are governed by English law and both parties agree to submit to the exclusive jurisdiction of the English courts.
CMC Markets retains the right to bring legal proceedings in any jurisdiction where CMC Markets believes that a breach of these Terms is taking place or originating.
CMC Markets intends to rely upon these Terms as a complete and exclusive statement of the license terms between you and CMC Markets.
Any clause in these Terms that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these Terms shall not be affected by that deletion.
Failure or neglect by either party to exercise any of its rights or remedies under these Terms will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of these Terms nor prejudice that party's right to take subsequent action.
These Terms are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Terms or any right or obligation under them without CMC Markets' prior written consent, such consent not to be unreasonably withheld or delayed.
Should you have any questions concerning these Terms or any material which appears on the Application, you may contact CMC Markets Canada Inc,130 Adelaide Street West, Suite 1800, Toronto, ON M5H 3P5 Canada. Telephone: 416-682-5000, Facsimile: 416-682-5099, Email: firstname.lastname@example.org.
IMPORTANT – READ CAREFULLY BEFORE TRADING
CFDs and Forex are leveraged products and carry a high degree of risk to your capital and it is possible to lose more than your initial investment. Only speculate with money you can afford to lose. These products may not be suitable for all investors, therefore ensure you fully understand the risks involved, and seek independent advice if necessary.
© 2009 CMC Markets UK plc