Terms & Conditions, Disclaimers, Indemnifications, Governing Law and Representations
A user's access or use of a World Wide Website ("Website") and/or application(s) of NetDania signifies the USER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE and/or application(s).
Please read these terms and conditions carefully as they contain a consent from you to grant us certain rights to communicate with you about our products and services.
1. CONSENT TO TERMS AND CONDITIONS FOR USE.
You, as a Website and/or application(s) user, represent that you have read, understand, and agree to be bound by the Terms for the Website and/or applications and that your use of the Website and/or application(s) is subject to such Terms and all applicable international and local laws. You agree not to use the Website and/or application(s) for illegal purposes, and not to interfere with or disrupt the Website and/or application(s) or networks connected to the Website and/or application(s).
By accepting these terms and conditions and submitting your e-mail or phone number, you agree that NetDania at any time may contact you by phone/text message and/or e-mail for the commercial purposes of offering you products or information on tools to trade with or by platforms including apps and/or information and offers on fund management services from NetDania and it's affiliated companies and partners.
If you submit personal data to us, you hereby accept that we may use your personal data to customize offers to you from NetDania and it's affiliated companies and partners.
You also accept that we may contact you via social media for the commercial purpose of offering you products or information on tools to trade with or on or information and offers on fund management services from NetDania and it's affiliated companies and partners.
Certain data accessible on our services is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.
You may only use the data retrieved from our services for your own personal and non-commercial purposes. Such use shall be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services.
By accessing the website and/or application(s), you agree not to redistribute the information in any form.
You may not copy, distribute or redistribute the data, including by way of caching, framing or similar means, nor sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. You may not store the data for the purposes of creating a historical database or historical data product or similar purposes. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be.
Elements of this website and/or application(s) and applications may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by NetDania.
2. DISCLAIMERS.
Although the contents provided on the Website and/or in application(s) have been obtained from sources believed to be reliable, the data is provided "as is" and without any warranties as to its correctness. We, any information service provider or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the data. Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither we, any information service provider, nor any third party give any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.
Changes are periodically made on software and date. NetDania and/or its respective partners may make improvements and/or changes in the product(s) and/or the applications(s) described herein at any time.
Neither NetDania nor its data providers shall liable for any errors in the content, or for any actions taken in relation hereto.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your commands and orders. You acknowledge that neither we, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay.
You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that NetDania does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website and/or application(s) or any linked website, (c) that the provision of certain portions of the Website and/or application(s) is subject to the terms and conditions of other agreements to which NetDania is a party, and (d) that in no event shall NetDania and/or its respective partners and/or sub-suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server. The documents and related graphics published on this server could include technical inaccuracies or typographical errors, and (e) that in no event will we, any information provider, or third party be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, internet connection, telephone or other property resulting from your use of our services.
3. INDEMNIFICATION.
You agree, at your expense, to indemnify, defend and hold harmless NetDania, its owners, directors, customers, members, advertisers and affiliates from any and all claims, suits, actions, or other proceedings based on or arising in connection with your use of the Website and/or application(s) or any links on the Website and/or application(s).
4. GOVERNING LAW AND VENUE.
These Terms shall be governed and construed in accordance with the laws of Denmark without regard to any international private law principles.
Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, or the use of Netdanias website or applications, shall be settled by arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced."
5. REPRESENTATIONS.
You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; (d) you shall use the Website and/or application(s) only as set forth in the Terms, and (e) that you irrevocably subject yourself to the choice of law and venue stated in clause 4.
Version 3.1 - January 2013