- FXWW Chatroom service (provided on the Thomson Reuters messenger framework)
- Twitter Feed
- FXWW Connect
- www.FXWW.com website
Definitions are set out at the end of this Agreement.
FXWW offers a free trial period for certain services. You can only get one free trial for each product where a free trial is offered. Prior to the end of the free trial period FXWW will contact you and offer you the paid service. If you do not subscribe to the service at the end of the trial period your access to the service will be revoked. You can subscribe to a paid service at any time.
BY CLICKING ON THE “Accept and continue” BUTTON, INSTALLING, COPYING OR OTHERWISE USING ANY SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE “I DO NOT ACCEPT THIS AGREEMENT” BUTTON AND/OR DO NOT INSTALL ANY SERVICE. THE TERMS OF THIS AGREEMENT APPLY TO A FREE TRIAL PERIOD FOR A SERVICE.
USE OF THE SERVICE: FXWW hereby grants you a world-wide, non-exclusive and non-transferable right to access the Service, Software and/or the Site and to view the Information subject to this Agreement and your compliance with any Documentation.
You agree that:
- You will not use any Service in breach of this Agreement, any applicable laws, regulations or market conventions.
- You will not transmit, undertake or encourage the following in relation to any Service: (i) give unauthorized investment advice or financial promotions; or use a false address or name, or (ii) use false details or deceive FXWW or other Users.
- When FXWW provides a Service which is accessed using a password, account name or other identifier (collectively, “Password”), you will (i) ensure each Password is kept confidential and not shared among individuals, and (ii) notify FXWW promptly if you become aware of any Password being used by a person not authorized to access that Service.
USE OF SOFTWARE: If FXWW provides you with Software or access to Software (e.g. Reuters Messenger software), you may only use Software in accordance with the instructions, and in connection with the Service. You are granted a non-exclusive, non-transferable right to use any Software provided as part of any Service. Any version of Software downloaded by you is hereby licensed, not sold, to you under the following conditions by FXWW or its third party providers. You agree not to copy the Software except as expressly allowed by this Agreement. FXWW reserves to itself any rights not expressly granted to you under this non-exclusive Agreement.
LIMITATIONS ON USE: This Agreement permits a single user to use any Service and/or access the Information through a single user ID and Password. Use by more than one User accessing through a single user ID is not authorized. If more than one person desires to use the Service, you must purchase an additional subscription to the Service for each additional user.
The Information may only be reproduced when downloaded and viewed by you for your individual use only. You must not reuse the Information in any other way including redistributing it. You must not allow any third party to use (a) your user id and password or (b) the Service in any manner inconsistent with this Agreement. On termination of this Agreement, your rights to use the Information and the Service cease.
DATA PROTECTION/PRIVACY/COMMUNICATIONS: You agree that your details may be used by FXWW, its third party information or service providers and/or its licensors as set out in Privacy Notice(s).
PROPRIETARY RIGHTS: All intellectual property rights in any Service, Software and the Information, including without limitation copyright and database rights, shall remain the property of FXWW or its licensors. You will not remove, conceal, use or amend any copyright, trademark or other proprietary notice incorporated in any Service or in any Software without the owner’s prior written consent. You will not acquire any intellectual property rights in any Service, Software or Information and you agree to comply with notices bringing such rights to your attention and all relevant laws relating to such rights. Any infringement of the rights of FXWW or its licensors may result in legal action.
THIRD PARTY RIGHTS: You acknowledge that third party information and software providers and licensors may have rights in the Information and/or Software which they supply and they or FXWW may be a third party beneficiary of this Agreement (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of this Agreement in their own name. FXWW may have the right, however, to change or terminate this Agreement without the consent of such third parties. Apart from these provisions and provisions relating to Digital Signatures, a person who is not a party to this Agreement shall have no rights to enforce any of its terms.
You agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information or Software imposed by the relevant third party information provider or licensor in order to protect such third party’s legitimate interests. These may be notified to you by FXWW or by such third party. If any restriction or conditions imposed after your acceptance of this Agreement substantially reduces your ability to use the Service, you may terminate this Agreement with effect from (a) the first day of the next Billing Cycle or (b) thirty (30) days after FXWW notifies you of such restriction or conditions whatever is shorter. You may be required to enter into a separate agreement with a third-party or licensor in order to receive a Service that contains third-party content or software.
FEES AND PAYMENTS: Payment for most Services can be made via a PayPal account or using a credit/debit card through the PayPal service. Fees are in US Dollars. You will be responsible for the payment of all online charges and for the communication facilities which enable you to access the Service and any other applicable GST or similar taxes. FXWW may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next Billing Cycle. FXWW has the right to change the Service fees at any time.
Fees for any services are due on the first day of each Billing Cycle until the Service is cancelled. Charges are not refundable once billed unless otherwise clearly stated. Subscriptions will automatically renew unless you notify us that you want to terminate your Service, by using the contact facility or by emailing firstname.lastname@example.org.
FXWW will use reasonable endeavours to provide reasonable notice of any change to Fees which relate to fees imposed by a third party but you agree that these may change without notice if a change is imposed on FXWW by any such third party.
FXWW will endeavour to contact you if Fees for a Service are overdue, and your access to the Service may be revoked unless the Fees for the whole Billing Cycle are paid within 5 days of commencement of the Billing Cycle.
SECURITY FEATURES: You agree to keep your Security Features (user id, password) confidential and secure and not to assign, share, sell, barter, transfer, compromise them or exchange them. If you learn or suspect that a Security Feature has been obtained by another person or been compromised or the security of any Service has been affected, you must promptly notify FXWW by using “Contact Us” and/or take any appropriate security measures. You agree to cooperate with FXWW’s reasonable security investigations. Any attempt to access any part of the Site which requires Security Features without the required Security Features and/or payment of the Fees or any attempt to tamper with Security Features is unlawful and a material breach of this Agreement and could result in criminal and/or civil penalties. FXWW or its third party providers of Services may change Security Features on notice to you for security reasons.
TERM AND TERMINATION: This Agreement will take effect from the date on which FXWW notifies you that you are permissioned for any Service by sending to you an e-mail. This Agreement remains in effect so long as you have a subscription to any Service or FXWW terminates this Agreement earlier pursuant to the terms of this Agreement.
Either you or FXWW may terminate a subscription at any time during a Billing Cycle. This notice of cancellation will be effective from the first day of the next Billing Cycle.
FXWW may terminate or suspend your access to the Site, or a Service or any part, immediately if you are in material breach of any of this Agreement and you fail to remedy such breach (if capable of remedy) within 5 days of FXWW requesting that you do so. Failure to make payment of the Fees when due constitutes a material breach of this Agreement. FXWW may terminate or suspend your access to a Service if you cease to meet the published eligibility criteria or if any related Service is ended. FXWW may without notice suspend your access to any Service, for security reasons or where it is reasonable to do so to protect its or another’s legitimate interests.
FORM AND CONTENT: FXWW retains control over the form and content of any Service. FXWW may modify or cancel any Service or part of any Service. FXWW shall use reasonable endeavours to give you a minimum of 30 days notice of a material modification or cancellation. However, you recognize that where the modification or cancellation is imposed by a third party information provider or a licensor, then FXWW may be required to give you less notice of a change or modification. If FXWW cancels or substantially modifies any Service or part of any Service, you may terminate your access to the Service with effect from (a) the first day of the next Billing Cycle or (b) thirty (30) days after FXWW notifies you of such change or modification whatever is shorter.
NO INVESTMENT ADVICE: You agree that (a) FXWW Connect, FXWW Chatroom, Twitter Services and website content are provided for informational purposes only, (b) any investment decisions you make based on such Information are solely taken at your own risk, and (c) neither FXWW nor any of its licensors nor third party information providers shall be responsible or liable for any trading or investment decisions made based on information provided by the Service.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF ANY SERVICE IS AT YOUR SOLE RISK. NEITHER FXWW, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD PARTY INFORMATION PROVIDERS NOR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH ANY SERVICE.
You are reminded that the Internet is publicly accessible and liable to failure and delays and therefore FXWW cannot guarantee the arrival of messages over the internet, nor the security of FXWW’s services that use the internet. FXWW is not responsible for any third party software being used by you in relation to this Service where FXWW does not itself directly provide such third party software to you. FXWW is not liable for matters beyond its reasonable control, such as problems with telecommunications networks, computer viruses, unauthorized access or issues related to your security arrangements.
ANY SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORISED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL FXWW OR ANY OF ITS AFFILIATES, AGENTS OR THIRD PARTY INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR:
- ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, TRADING LOSSES, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE UNLESS CAUSED BY FXWW GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED 12 MONTH’S SERVICE FEES); OR
- ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED.
EVALUATION PERIODS: In some circumstances FXWW may make the Service or any part available to you on an evaluation or pilot basis. In these circumstances, FXWW specifically alerts you to the fact that outages may occur, content changes may occur and/or navigation may be discontinued. FXWW does not guarantee that a final Service based on the evaluation Service will be released or that it will be the same or similar to the evaluation or pilot Service. An Evaluation Period is different from a free trial which may be offered for certain established services.
DOWNLOADS: YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE SITE. FXWW DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY WITH ANY HARDWARE OR SOFTWARE USED BY YOU. YOU AGREE THAT NEITHER FXWW NOR ANY OF ITS THIRD PARTY INFORMATION PROVIDERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS OF DATA) OR DAMAGE WHICH IS DUE TO YOUR ADDING TO OR ACCESSING ANY SOFTWARE DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR EQUIPMENT.
FXWW will use reasonable endeavours to provide minimum system requirements for accessing services. As new devices come onto the market there is no guarantee that every service runs on every device.
YOU AGREE TO INDEMNIFY FXWW AND ITS THIRD PARTY INFORMATION PROVIDERS AND LICENSORS FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT OR THEY SUFFER AS A RESULT OF YOUR BREACH OF THIS AGREEMENT OR AS A RESULT OF YOUR TRADING OR YOUR OTHER ACTIVITY VIA THE SERVICE.
HYPERLINKS: You may, through hypertext or other computer “links”, gain access to other sites which are not part of this Site. FXWW assumes no responsibility or liability for any material outside of the Site which may be accessed through any such “link”. The provision by FXWW of a link to another site does not constitute an authorisation by FXWW to access materials at that site or an endorsement by FXWW of any such material.
EXPORT AND COMPLIANCE WITH LAWS: You agree to fully comply with all applicable laws and export regulations. Permanent or temporary residents of embargoed countries are not entitled to register for or access any Service. FXWW may terminate this Agreement with immediate effect if you breach these provisions.
GENERAL: (a) To the extent permitted by applicable laws, this Agreement, the Documentation and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between you and FXWW relating to any Service and supersede all other prior agreements or understandings relating to any Service. (b) Delay or failure by either party in enforcing this Agreement at any time will not constitute a waiver by that party of its rights or remedies. (c) FXWW may modify any of the terms of this Agreement at any time by notifying you of any changes by email. Any such changes will be effective from 24 hours after emailing by FXWW. You may terminate this Agreement by notice to FXWW if the modification results in a substantial change to your ability to use any Service with effect from the first day of the next Billing Cycle or thirty (30) days after FXWW notifies you of such modification whatever is shorter. (d) If any part of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected. (e) You may not assign any of your rights and obligations under this Agreement or any part of it and any assignment made by you shall be ineffective. (f) Any e-mail which FXWW sends you in respect of the Service shall be deemed effective within 24 hours. It is your responsibility to ensure that the email address you provide to FXWW upon subscription to a service is correct.
SUPPORT: FXWW provides certain information and support in respect of any Service as detailed at the FXWW Support Page.