WEBSITE and PRODUCT TERMS OF USE

AlphaCert Labs Limited
1 March 2019

These terms (including our privacy policy) apply whenever you use the AlphaCert Labs website and / or AlphaCert Product. If you use our website or product, we will assume that you have reviewed and agree to the following.

1. Application of Terms

  • 1.1 These Terms apply to your use of the Website. By accessing and using the Website:
    • a. you agree to these Terms; and
    • b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
  • 1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

2. Updates to our Terms of Use

  • 2.1 These website Terms of Use (and our Privacy Policy and any terms and conditions for any products or services that you’ll find on our website) can change at any time. Updates will be posted to our website, and unless stated otherwise, any change takes effect immediately.
  • 2.2 We do not need to give notice of changes that are in your favour, do not materially reduce the benefit of the relevant Service to you, or are incidental changes (such as clarity, drafting and typographical amendments) which may take effect immediately and will be available on the AlphaCert Labs website or through the AlphaCert Product.
  • 2.3 By continuing to use the Service or access the AlphaCert Labs website or AlphaCert Product after the effective date of any change, you will be deemed to have accepted the change. If you don’t accept any proposed change, you should notify us immediately and stop using the Service and close your Account before the effective date of that change.

3. Definitions

  • 3.1 When we refer to “our terms” for a particular customer, account, product or service, we mean these terms and conditions together with our specific terms and conditions for that customer, account, product or service.
  • 3.2 When we say “we”, “us” or “our”, we mean AlphaCert Labs Limited, which provides the Product or Service to you.
  • 3.3 When we talk about “you” or “your”, we mean the person to whom we provide the Product or Service as notified to us when an application is made. Where applicable, this applies to your duly authorised representatives, legal representatives and successors.

4. Info about our Product

  • 4.1 We will not provide, and nor is our Product designed to provide you with any investment advice or recommendations. Anything provided on the AlphaCert Labs website, AlphaCert Product, or communications from us does not take into account your particular investment objectives, and is therefore not to be taken as investment advice.
  • 4.2 Where our website has links to websites run by other companies or organisations, we’re not responsible for (and we’re not recommending, or vouching for) anything contained on those other websites. The links are just for your convenience. We do not share cookie information with other companies or organisations.

5. Account security

  • 5.1 We will assume we are dealing with you. You must take all reasonable steps to keep your Account secure and prevent any fraudulent use of it. This includes things like (but is not limited to):
    • a. changing any passwords regularly;
    • b. taking care to ensure that no one sees you enter your security details when you log in to access AlphaCert products;
    • c. keeping the details we hold about you up to date.
    • We may stop or block access to your Account where we suspect:
    • a. that the security of your Account has been compromised;
    • b. that there has been unauthorised or fraudulent use or attempted unauthorised or fraudulent use of your Account;
    • c. that your Account is being used for illegal purposes (including, but not limited to, money laundering or committing financial crime); or
    • d. we are required to do so by law or any regulatory authority.
    • Where we are able, we will notify you if we propose to block or have blocked access to your Account and give you reasons for doing so. We do not accept any liability for any loss or damages where we act in accordance with the provisions of this clause or where you fail to meet your obligations under this clause.

6. Availability of the Service

  • 6.1 We make no express or implied warranties or representations, and cannot guarantee that access to the AlphaCert Product will be available at all times or without delay or errors. You acknowledge that the AlphaCert Product may be interrupted and the Services available may be variable in certain circumstances.
  • 6.2 We may at our absolute discretion suspend the operation of the AlphaCert Product where we consider it necessary. For example, suspension may be necessary for technical reasons, emergencies, regulatory reasons, where we decide it is sensible for our or your protection.
  • 6.3 Occasionally, we may need to suspend the operation of the AlphaCert Product to maintain or upgrade our systems. To improve and maintain the Service, we may from time to time request that you install updates and upgrades.
  • 6.4 We will not be liable to you if our systems or services are unavailable to you for trading or information purposes for whatever reason.
  • 6.5 We’ll try to make sure that the AlphaCert Labs website is generally available but there may be times that it won’t be (for example, if there’s a technical problem we need to sort out or to carry out an upgrade).

7. Intellectual Property

  • 7.1 By using the Service, you acknowledge and agree:
  • a. We own or licence the Intellectual Property Rights in our brand, name, the AlphaCert Product and associated technology, the Service and all related materials. Except as expressly set out in these our terms, you have no rights in or to the Intellectual Property Rights or in any improvements or variations that may be made to the Service or any related materials;
  • b. nothing in our terms is to be construed as granting you any right to use any Intellectual Property Rights without the prior written consent of us or our licensors;
  • c. that you will not reverse engineer, decompile, disassemble, modify or create derivative works of the Service;
  • d. to provide feedback on the Service. Each experience may be different, but generally we will ask you for your opinions on the Service as you have found it.

8. Liability and Indemnity

  • 8.1 You are responsible for all liabilities or costs incurred in relation to your use of the Service, and you agree to indemnify us from and against those liabilities or costs.
  • 8.2 The Service is provided on an “as is” and “as available” basis. As far as the law allows, we are not liable to you for any loss or damage you suffer in respect of the Service except where caused by wilful default or fraud. Matters for which we are NOT liable include (but are not limited to) the following:
    • a. losses if you are unable to access the AlphaCert Product;
    • b. if the device you use to access the AlphaCert Product or to send or receive information doesn’t work properly or is not compatible with the Service;
    • c. any loss or damage arising out of your use or inability to use the AlphaCert Labs website or AlphaCert Product or its functionality;
    • d. corruption or loss of data or other information;
    • e. malware that may be transmitted to your computer by use of the Product;
    • f. losses or costs caused by unforeseeable circumstances outside our reasonable control, including (but not limited to) failures caused by problems with another system or network, third party data delays or errors, inability to communicate with market makers or other brokers, third party viruses or malware and the actions or failures of any counterparty or any other broker or agent, or their systems);
    • g. where you have been fraudulent or careless or where you have breached our terms, in particular security requirements.