Terms and Conditions Cfx Risk Software Website
1. PASSWORD AGREEMENT
Access to the Cfx Risk Software Website defined below is provided by or on behalf of Cfx Risk Management Ltd. For purposes of this agreement, Cfx shall mean Cfx Risk Management Ltd and its officers, directors, managing directors, partners, and/or employees. The "Website" shall mean Cfx Risk Software Website which offers you personalized access to the Cfx Risk Software.
You represent and agree that:
- 1.1. Your password and any other identification methods or devices, that we may specify (your "Login Details") are personal to you and you will ensure that they are kept secure and are not made available to any other person;
- 1.2. You will discontinue use of your Login Details and advise Cfx if you learn that someone else may be using one or more of your Login Details;
- 1.3. If your access privileges are related to your employment, and your employment ends, you will notify Cfx and your access privileges shall end, and you will not seek to access the Website;
- 1.4. You certify that you (and, if applicable, accounts on whose behalf you are acting) are: (i) a resident in a jurisdiction which permits you to view the content on this site and (ii) if required, under the applicable laws and regulations of your jurisdiction, a professional institutional, or similar investor to whom the securities may be lawfully offered and sold without registration, qualification or any other requirement or restriction under the applicable laws and regulations of your jurisdiction. You will notify us promptly if there is any change with respect to your residence and will provide such further information as we may reasonably request;
- 1.5. You will read the legal disclosures and disclaimers set forth in this Website before accessing any products or services on this Website;
- 1.6. You have read and will abide by the Terms and Conditions of Use set forth below; and
In order to use the Cfx Website, you must consent to this legal agreement as set forth below.
2. USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE
- 2.1. Access to the Cfx Risk Software Website defined below is provided by or on behalf of Cfx Risk Management Ltd. For purposes of this agreement, Cfx shall mean Cfx Risk Management Ltd and its affiliates, and their officers, directors, managing directors, partners, and/or employees. The "Cfx Risk Website" shall mean the Cfx Risk Software Website on which these Terms and Conditions of Use apply, including without limitation the Cfx Websites accessible via cfx-risk-software.cfx-riskmanagement.com, and select other domains.
- 2.2. Monitoring by Cfx: Your use of the products and services on this Website may be monitored by Cfx, and that the resultant information may be used by Cfx for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.
- 2.3. Information Made Available Through this Service: The information made available to you via these services is only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Cfx. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Cfx reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Cfx or the third party providers from whom Cfx has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.
- 2.4. No warranties made as to content; no responsibilities to update: Neither Cfx nor any third-party provider makes any warranty, express or implied, concerning this service. The services provided by us and our third party providers are on an "AS IS" basis at your sole risk. Cfx and its third party providers expressly disclaim any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Neither Cfx nor any of its third-party providers shall have any responsibility to maintain the data and services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
- 2.5. No liability for content; no liability arising from use: Cfx shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Cfx and you, regardless of whether the connection or communication service is provided by Cfx or a third party service provider. Cfx shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will Cfx be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Website, even if Cfx has been advised of the possibility of such damages. Cfx will have no responsibility to inform you of any difficulties experienced by Cfx or third parties with respect to the use of the services or to take any action in connection therewith.
- 2.6. No warranties made as to security: Cfx makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.
- 2.7. System Outages, Slowdowns, and Capacity Limitations, Delays, and Trade Reports: As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Website or communicating with Cfx through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's or Cfx' can experience unanticipated outages or slowdowns or have capacity limitations.
- 2.8. Content not to be construed as a solicitation or recommendation: This material has been prepared for informational purposes only without regard to any particular user's investment/trading or commercial objectives, financial situation, or means, and Cfx is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving futures, options, and high-yield securities, give rise to substantial risk and are not suitable for all investors. Although this material is based upon information that Cfx considers reliable and endeavours to keep current, Cfx has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
- 2.9. No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted: The fact that Cfx has made the data and services provided on this Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Website is suitable or appropriate for you. Many of the products described on this Website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
- 2.10. No representations made as to other sites or links: This service may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. Cfx is providing such links solely as a convenience to you. Accordingly, Cfx makes no representations concerning the content of the Sites. The fact that Cfx has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by Cfx with respect to the Site, its owners, or its providers. Cfx has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
- 2.11. Differing Levels of Service provided by Cfx: The level and types of services provided to you by Cfx in the Cfx Risk Software of Cfx may vary as compared to that provided to other clients of Cfx, depending on various factors such as your individual preferences as to the frequency and manner of receiving communications, your risk profile and/or risks and perspective (e.g., market wide, asset class specific, long term, short term), the size and scope of your overall client relationship with Cfx, and legal and regulatory constraints.
3. Software as a Service
- 3.1. By accepting these terms and conditions of use, the client, accepts that use of these services will be available as service and as long as the agreement remains valid and the monthly usage fees are paid to date.
- 3.2. Cfx owns all the Intellectual Property Rights used and generated to create the Cfx Risk Software, and/or any modules developed to fulfil the bespoke requirements of the client in terms of its demands for information, analysis, and/or any bespoke analytical processes that are created to fulfil the clients demands and/or business needs. All intellectual property rights are reserved.
- 3.3. Cfx or the client can cancel the contract/service giving a 90-day notice period.
- 3.4. In case of termination of the contract/service , by the client or by Cfx, the Log In accounts held by the client will be deactivated by Cfx, and any data sent by the client in order to run the service will be sent back to the client by Cfx and deleted from Cfx’s servers, and written notice will be sent to the client that the deletion has happened.
- 3.5. Data confidentiality. The Confidential Information shall remain the property of the Party providing the Confidential Information. Cfx agrees to use the Confidential Information supplied by the client, during the term of this agreement and only for the purpose of performing its obligations under this agreement.
- 3.6. Data Protection. In the context of this Agreement, the client and its affiliates or designee may transfer to Cfx information regarding its customers or service providers, including their names and addresses. This information is the client’s valuable trade secret and Confidential Information. Cfx acknowledges the highly sensitive and secret nature of such Confidential Information it will have access to. Cfx shall comply at all times with all applicable data protection laws and regulations, and in particular implement appropriate technical and organizational measures to protect any personal data provided by the client, including any information regarding its customers, including their names and addresses, against accidental, unauthorized or unlawful loss, alteration, disclosure, access or processing. Cfx shall have in place the appropriate technical and organizational measures against accidental or unauthorized destruction, loss, alteration or unauthorized disclosure and adequate security programs and procedures to ensure no unauthorized access.
Cfx Risk Management Ltd (Financial Conduct Authority FRN # 661264) who is an Appointed Representative of Sturgeon Ventures LLP who is authorised and regulated by the Financial Conduct Authority FRN # 452811. This Website is issued and/or approved by Cfx Risk Management Ltd (Cfx). Cfx Risk Management Ltd (Cfx), is a UK registered company, with company number GB 09331328, and VAT registration number GB 200 6588 33, with its registered address at 7 Woodman Works, 204 Durnsford Road, London, SW19 8DR, UK.
Cfx is subject to the rules and guidance of the Financial Conduct Authority, details of which can be found on the FCA and website at www.fca.org.uk. The Financial Conduct Authority regulate the financial services industry in the UK and the FCA are located at 25 The North Colonnade, Canary Wharf, London E14 5HS.