Alpha Capital Markets PLC - Website Terms and Conditions
This website is owned and operated by Alpha Capital Markets PLC ("us", "we" and
our").
Your access to and use of this website is subject to the following terms and conditions
as well as to any disclaimers, notices, statements or other terms and conditions
included in this website (referred to collectively as "Terms and Conditions"). By
using this website you agree to abide by the Terms and Conditions. If you do not
agree to the Terms and Conditions, do not use this website.
Your Use of this Website
The content of this website is © Alpha Capital Markets PLC 2011. All rights reserved.
You may print and download excerpts from this website for your own non-commercial
and personal use. Unless otherwise stated, we own all intellectual property rights
as well as copyright for all the material on this website. Except as expressly provided
nothing included herein shall be interpreted as constituting any license or right
under trademark, copyright, or other intellectual property rights. Any use of excerpts
from this website other than as authorized above for any purpose is not permitted.
Any breach of the provisions of the Terms and Conditions will automatically terminate
your use of this website.
Any rights not specifically granted in these terms and conditions are reserved.
Service access
We strive to ensure that this website is available 24 hours a day. However, if this
website was not available for any period or any time, we shall not be liable.
We give no warranties as to the accessibility performance availability, or of the
website. Temporary suspension of access to this website may occur without notice
at our discretion including without limit in the case of repair, maintenance, system
failure or for reasons beyond our control.
Links
We provide links to third party websites solely for your convenience. If you click
on these links, you most likely will leave this website. These websites were not
reviewed by our efforts, and their availability and content are not our responsibility.
We therefore do not endorse or make any representations about them, or any material
or content available there, or any consequence that might result from their use.
If you decide to access any of the third party websites with a link to this website,
you do so at your own exposedness.
Account Holders
If you sign up an open an account, you will be required to agree to our terms of
business (“Terms of Business”). Such Terms of Business will govern your relationship
with us and our responsibility to you regarding the services provided to you.
Opening an account will give you access to our online platform. From there, you
can make transactions, open and close positions with us and access your account
information including your open positions as well as many other features and resources.
You can open or close a position on the entry screen by clicking the relevant button.
An order confirmation will pop up on screen and your new position should appear
in your account information.
Upon opening an account with us you will be provided with an account number and
password. You are required to keep these details confidential. Do not disclose them
to anyone else. You acknowledge and agree that any communication or instruction
done by you or on your behalf via our website is done at your own risk. You allow
us to act and rely on, and treat as fully permitted by and binding upon you, any
instruction we receive that we believe has been transmitted by you or on your behalf
by any intermediary or agent or whom we believe in good faith to have been duly
permitted by you. You agree and acknowledge that we may rely upon your account number
and/or password to identify you and you agree not to disclose this information to
anyone who hasn’t been duly authorised by you.
Your Personal Information
On top of the obligations you may have if you open an account with us, you agree
to make sure that all the information you give us is accurate and complete to the
best of your knowledge and belief. You agree to inform us immediately of any changes
to the information you have given us in order to allow us to keep our records up
to date and accurate. We will use the details that you give to us about yourself
only in accordance with our Risk Warning Notice and in accordance with the Data
Protection Act 1998.
Disclaimer and Liability
SAVE AS SET OUT TO THE CONTRARY IN THE TERMS OF BUSINESS WITH RESPECT TO ACCOUNT
HOLDERS:
1.THIS WEBSITE AS WELL
AS ALL ITS SOFTWARE AND OTHER MATERIALS IS PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY AS TO TIMELINESS, ACCURACY, OR COMPLETENESS. TO
THE MAXIMUM LEGAL EXTENT BY APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPLICIT, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY CONDITIONS OR WARRANTIES RELATED TO ACCURACY, CURRENCY, MARKETABILITY, ADEQUATE
QUALITY OR SUITABILITY FOR A PARTICULAR OR ANY OTHER PURPOSE ARE HEREBY EXCLUDED;
2.EXCEPT CONCERNING OUR
LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, TO THE MAXIMIM
LEGAL EXTENT APPLICABLE BY LAW, WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT,
TORT (INCLUDING BREACH OF STATUTORY DUTY AND NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE
FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SETTINGS OR SYSTEM, LOSS OF DATA, PROFITS
OR REVENUE, OR FOR ANY INDIRECT, ODD, INCIDENTAL OR SUBSTANTIAL DAMAGES OF ANY NATURE
WHATSOEVER WHICH YOU MAY SUFFER AS A CONSEQUENCE OF YOUR USE, DELAY IN USING, OR
INABILITY TO USE OR ACCESS THIS WEBSITE, OR IN ANY OTHER MANNER HAVING TO DO WITH
THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE DOWNLOAD OF ANY SOFTWARE FROM THIS
WEBSITE. WE DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE OR MATERIALS
MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE WEBSITE OR ANY OTHER SOFTWARE WILL BE
CONTINUOUS, SECURE OR VIRUS OR ERROR-FREE; AND
3.OUR LIABILITY WITH RESPECT
TO NEGLIGENCE, BREACH OF CONTRACT OR VIOLATION OF ANY LAW AS A CONSEQUENCE OF OUR
FAILURE TO PROVIDE THIS WEBSITE OR ANY PART OF IT, OR FOR ANY PROBLEMS CONCERNING
THIS WEBSITE, WHICH CANNOT BE LAWFULLY EXCLUDED, IS LIMITED, AT OUR DISCRETION AND
TO THE MAXIMUM LEGAL EXTENT APPLIACBLE BY LAW, TO REPROVIDING TO YOU THIS WEBSITE
OR ANY PART OF IT, OR TO PAYING FOR THE REPROVIDING OF THIS WEBSITE OR ANY PART
OF IT TO YOU.
Indemnity
You agree to indemnify, defend and hold us, our parents, affiliates, officers, subsidiaries
and employees harmless from any loss, damage, cost, claim or demand, including reasonable
legal fees, made by any third party or incurred or suffered by us or our parents,
affiliates, officers, subsidiaries or employees with regards to your use of the
website in violation of these Terms and Conditions or negligence.
Notices
We may send notices to the email address you gave us. It is your responsibility
to make sure that you inform us of any change to your email address. Any notice
that we may send to your email address will be deemed to have been delivered at
the sending time.
Termination
We are entitled to terminate your use of this website if we believe and determine
in our sole discretion that you have infringed the Terms and Conditions.
Amendment
Although we make all possible efforts to ensure the accuracy of the information
provided on this website, it is nevertheless subject to change without notice.
We reserve the right to change the Terms and Conditions at any time without notice.
If we do so, the new version will be uploaded on the website and you will bound
by the updated version if you are still using the website thereafter.
Severability
If any court or administrative body of competent jurisdiction provision shall find
any of the Terms and Conditions invalid or not viable, such invalidity or unviable
nature shall not affect the other provisions of this agreement which shall remain
in full force and effect.
Governing law and Jurisdiction
The Terms and Conditions shall be governed by and interpreted according to English
law and the parties completely submit to the non-exclusive jurisdiction of the English
courts.
Company Information
Registered Office: 6 Old Hall Barns, Thurston Road, Pakenham, Bury St Edmunds, Suffolk
IP31 2NG
Authorised and regulated by the Financial Services Authority. Register No 441689
Registered in England and Wales No 5196460
VAT Reigstration No 848256300
Regulatory Information
Alpha Capital Markets PLC is authorised and regulated by the Financial Services
Authority. FSA registration number 441689
RISK WARNING