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London Stock Exchange plc a company incorporated in England with registered number 2075721 and whose registered office is at London EC2N 1HP (the "Exchange"); and |
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| (2) |
The User |
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| 1 |
Definitions and Interpretation |
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| In this User Agreement |
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| 1.1 |
the following terms and expressions shall have the meanings set out below: |
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"Approved Country" |
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Austria, Belgium, Denmark, Finland, France, Germany, United Kingdom, Greece, Republic of Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden. |
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"Agreed Sum" |
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means an amount of 500. |
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"Force Majeure Event" |
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means, in relation to a party, any event or circumstance:
a which is not reasonably foreseeable; and
b is beyond that party's reasonable control; and
c prevents or limits the ability of that party to meets its obligations under this User Agreement. |
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"Information" |
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shall mean company announcement information and/or share price information together with any information derived therefrom made available by the Exchange via the Site. |
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"Service" |
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mean the right to access search, download and print the Information using the Site. |
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"Site" |
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shall mean this Exchange website which allows the User to access the Information. |
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"Third Party Data" |
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shall mean information provided to the Exchange by third parties (including company announcements (both regulatory and non-regulatory)) which forms part of or is the basis of the Information. |
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"User" |
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means the person using the Service. |
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| 1.2 |
the headings in this User Agreement are for convenience only and shall not affect the interpretation of any provision of this User Agreement.
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| 1.3 |
references to the words "includes" or "including" shall be construed without limitation. |
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| 2 |
The Product |
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| 2.1 |
The Exchange agrees to provide the User access to the Service subject to the terms and conditions of this User Agreement. |
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| 2.2 |
The Exchange collates Third Party Data to generate the Information and provide the Service and agrees to use reasonable endeavours to ensure that:
a the Information accurately reproduces Third Party Data; and
b the Site is available during normal UK hours of business. |
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| 2.3 |
The Information supplied by the Exchange shall only be used by the User for the following purpose:
a a corporate User and its employees shall only use the Information in the normal and proper course of the User's business; or
b an individual User shall only use the Information for managing his own personal financial affairs. |
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| 2.4 |
The User agrees that it shall not;
a copy, reproduce or transmit the Information; or
b disclose or distribute the Information to any third party without the Exchange's prior written consent provided that the Exchange hereby consents to the User using such "send to a friend" functionality as may be made available by the Exchange on the Site; or
c use the Information for any illegal purpose or to bring the Exchange, its business or markets into disrepute; or
d treat the Information as investment advice; or
e frame any part of the Site. |
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| 2.5 |
The Information does not constitute investment advice and should not be used as the basis for investment decisions. Provision of the Information is in no way intended, directly or indirectly, as an attempt to market or to sell in any country any type of financial instrument. |
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| 2.6 |
The User acknowledges that the Exchange will not allow persons registered/resident in a country which is not an Approved Country to use the Service. The User hereby confirms that it/he is registered/resident within an Approved Country. |
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| 2.7 |
The User acknowledges that any copyright or other intellectual property rights of whatever nature which subsist or may subsist in the Information shall remain the property of the Exchange or of the third party which provided the Third Party Data to the Exchange.
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| 3 |
Liability |
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| 3.1 |
The Exchange shall not be liable to the User for any delay in performance or non-performance of its obligations under this User Agreement to the extent that such delay or non-performance is caused by a Force Majeure Event. |
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| 3.2 |
In no circumstances (other than circumstances of fraud, dishonesty or wilful misconduct) shall the Exchange be liable for:
a any loss or damage caused by computer viruses transmitted through the Site; or
b any inaccuracy in Third Party Data; or
c any unavailability of the Site; or
d loss of profit, goodwill, business opportunity or anticipated savings suffered by the User as a result of any breach of duty by the Exchange whether in statute, contract or tort (including negligence).
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| 3.3 |
Subject to Clause 3.2 the Exchange shall be liable for any loss suffered by the User as a result of the Exchange's breach of duty whether in statute, contract or tort (including negligence) however its liability in such circumstances shall be limited to the Agreed Sum per occurrence or series of occurrences arising from a single cause. |
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| 3.4 |
The Exchange assumes no responsibility in relation to third parties and the User hereby indemnifies the Exchange against any actions, claims or proceedings bought by any third party who relies on having gained access to such Information in breach of clause 2.4. |
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| 3.5 |
The providers of Third Party Data assume no responsibility to the User or any third party. In no circumstances (other than circumstances of fraud, dishonesty or wilful misconduct) shall a provider of Third Party Data be liable to the User or any third party for any direct, indirect, special or consequential loss or damage resulting from any breach of duty whether in statute, contract or tort (including negligence). |
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| 4 |
General |
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| 4.1 |
Only the User and the Exchange shall have any rights pursuant to this contract and no person shall obtain any rights pursuant to the Contract (Rights of Third Parties) Act 1999. |
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| 4.2 |
Failure by either party to exercise any right or remedy under this User Agreement shall not signify acceptance of the event which gave rise to such right or remedy nor shall it constitute a waiver of such right or remedy. |
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| 4.3 |
The parties acknowledge that this User Agreement sets forth the entire agreement between the parties with respect to the subject matter covered by it and that it supersedes all prior communications and understandings whether written or oral between the parties relating thereto. |
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| 4.4 |
This User Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts for all matters arising in connection herewith. |
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| 4.5 |
The provisions of clause 3 of this User Agreement shall not affect the User's statutory rights as a consumer. |
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| 4.6 |
If any provision of this User Agreement is held to be invalid or unenforceable the validity of the other provisions shall not be affected. |
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| 4.7 |
All personal data provided by the User will be kept secure and confidential and will only be used for the purpose of providing the Services unless the User consents to the Exchange using it for another purpose. |
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| 4.8 |
In storing and processing the User's personal information for the purposes of this User Agreement, the Exchange will comply with the provisions of the Data Protection Act 1998 (and in particular the data protection principles set out in that Act). For more information, please see our privacy policy. |
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| 4.9 |
The User may access third party websites via hypertext links contained in a Site. The Exchange does not endorse or approve these third party websites and accepts no responsibility or liability for such websites. |
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| 4.10 |
The copying of this Site or any part of it is not permitted without the express written permission of the Exchange. |
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| I hereby agree to be bound by the terms and conditions of this User Agreement. |
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