Please read the following terms and conditions carefully before registering with www.hbmarkets.com (hbmarkets.com) – you must pay particular attention to the risk warning in paragraph 11 at the end of these terms and conditions.
Important – confirming your acceptance of these terms and conditions (T&C’s) upon registering to use the hbmarkets.com website is considered to be the same as if you signed a physical hard copy of the agreement (the Contract). In doing so you accept all these terms and conditions and having done so you are confirming that you have read and understood ALL the following text.
General Terms and Conditions
By accepting these terms you:
1. are confirming that you are at least eighteen (18) years old
2. are confirming that you have read and accepted the Risk Warning (clause 11).
3. understand that this agreement applies to you as an individual and can only be used for non-professional purposes. The service cannot be used by companies
4. are not permitted to use hbmarkets.com if you are carrying out financial services business as defined and governed by the Financial Services and Markets Act 2000
5. accept our right to revise these T&C’s at any time and without prior notice
6. agree to be bound by the following T&C’s or their replacements form time to time.
1. Definitions
1.1 "Contract" shall mean the agreement between you and ‘hbmarkets.com’ governing the provision of the service and shall include these terms and conditions (including the Introduction and General Terms and Conditions).
1.2 "HB Markets plc" mean HB Markets plc (Registered No. 2693942), 131 Finsbury Pavement, London, EC2A 1NT, its successors and assigns, together with any parent company, companies in the same group (including our nominee company) and, where applicable, employees of any such persons.
1.3 "hbmarkets.com" is a trading name of HB Markets plc and the Internet website of HB Markets plc, whose Head Office is at 131 Finsbury Pavement, London, EC2A 1NT. HB Markets plc is Authorised and regulated by the Financial Services Authority
1.4 "Information" shall mean all financial, economic and other information available from the Service, including the Third Party Information.
1.5 “Personal Information” is information supplied by you both initially and in your subsequent dealings with hbmarkets.com
1.6 "Service" shall mean the provision of Information to Members of hbmarkets.com, to which you are subscribing or have access, and which may be amended by hbmarkets.com from time to time.
1.7 "Third Party Information" shall mean the financial, economic and other Information provided to hbmarkets.com by Third Party Source(s) from time to time for the purpose of enabling hbmarkets.com to display the same on the Website.
1.8 "Third Party Source(s)" shall mean the third party providers of Third Party Information to hbmarkets.com from time to time.
1.9 "Website" shall mean the hbmarkets.com Internet Website with the URL http://www.hbmarkets.com.
1.10 "you" shall mean the users of the Website from time to time.
2. Website Access
2.1 Access to the service will commence from the time of the submission of your duly and properly completed registration.
2.2 hbmarkets.com reserves the right to revise or amend the Service at any time
2.3 hbmarkets.com reserves the right to restrict your access to any Information in the service for whatever reason.
2.4 Company research which has been produced internally by HB Markets plc and which is provided as part of the Service is generated by using reliable sources but has not been independently verified and we cannot vouch for its accuracy historical or otherwise. Reference to the price of company shares will have been correct at the time the associated copy was written.
3. Using the website
3.1 Whilst the Service may from time to time provide Information about certain investments the presence of such Information does not constitute a recommendation to buy, sell or trade shares in such companies.
3.2 Responsibility for maintaining the confidentiality of your username and password is yours. hbmarkets.com may immediately terminate this agreement if you share your username and password with any third party.
3.3 You may only use the service for personal purposes. You may download and store Information but again only for personal use. You may not supply or transmit any Information acquired through or in association with this service to third parties unless such a facility is offered by HB Markets plc.
3.4 The Service is for your general Information and use. The website contains Information that can change very quickly so its’ accuracy cannot be guaranteed as a basis for buying or selling shares or for dealing in any market. Where you wish to guard against the possibility of error in the Information it is necessary for the Information to be independently verified. Remember the price of equities and income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Independent financial advice should be obtained before making a decision to invest. Appropriate independent advice should be obtained before making any decision regarding investments.
3.5 When you become a registered user of the service you take on the responsibility of making sure that not only is all the Personal Information we hold about you true but that you will also notify us of any changes to such Information. We reserve the right to terminate the agreement between us if it is proven that such Personal Information is untrue, out of date, inaccurate or incomplete.
3.6 You agree not to use the Service to distribute by any means any computer viruses or worms to third parties or to transmit or post any material which is unlawful, untrue, abusive, threatening, fraudulent, libellous, defamatory, offensive, or of an obscene or menacing character, or which constitutes a violation or infringement of the intellectual property rights or confidentiality obligations of any third party or any illegal purpose whatsoever.
3.7 You agree not to use or attempt to use the Service in any way other than that for which it is designed.
3.8 You must not use all or any part of the information to create any type of tradable instrument.
3.9 Access to Third Party Information requires that you comply with the terms and conditions proposed or imposed by the providers of such information from time to time.
3.10 HB Markets plc expresses a view on many small cap stocks that can differ from the views expressed in the 'Share Prices & Data' section of this website, which is provided by Digital Look Corporate Solutions incorporating their prices, data, news, charts, fundamentals and investor tools. The views of HB Markets plc's own research team are set out in the 'Company Research & Analysis' and 'Small Companies News Flash' sections of our website. We therefore recommend that you refer to these sections of the website before making your investment decisions.
4. Charges
4.1 There are no charges for using the Service as a registered user.
5. Terminating access
5.1 If it becomes clear (or we suspect) that there may be a breach of the conditions included in this agreement then we reserve the right to suspend availability of the Service to you. If upon completion of our investigation it is proven that certain rules and conditions of membership have been breached then the Service will be terminated immediately without notice to you.
5.2 If we believe or suspect that you have engaged or are engaged in criminal or dishonest activity whilst using the Service then we reserve the right to suspend (temporarily or indefinitely) your access to the Service.
5.3 You acknowledge that the Service does not have to give you prior notice of, and will not be liable to you or any third party for, any such suspension or termination.
6. Quality of service
6.1 Subject to paragraph 6.3, the Service will take all reasonable care to ensure the accuracy of the Information and the reliability of the website and to ensure that when taken as a whole the website will be fit for its purpose namely publishing company research, data, analysis and product Information in a timely manner.
6.2 Subject to paragraph 6.3 the Service further undertakes to remedy all or any deficiency in its obligations in this regard except to the extent that any deficiency is the responsibility of a third party.
6.3 hbmarkets.com does not guarantee that the website and the Information it contains will meet your requirements at all times or that the website will be uninterrupted, timely, secure or error-free. Furthermore, no guarantee is given by hbmarkets.com as to the results that may be obtained or the accuracy or reliability of any Information obtained through the website or that any defects will be corrected. [In particular but without limitation, no reliance should be placed upon any economic or financial analysis or advice that forms part of the information, and you should therefore obtain independent professional advice before relying upon or acting upon such matters].
6.4 No advice or Information obtained by you from the service shall create or be deemed to create any warranty not expressly made herein.
6.5 You agree that the use by you of the Service and the Information it contains is at your sole risk and you understand and agree that any material and/or data downloaded or otherwise obtained through the use by you of the Service is obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or any loss of data that results from you downloading such material and/or data.
6.6 As other third parties are responsible for the transmission of information to you, no guarantee or other term express or implied is made by the Service as to the quality of transmission or other reception. In particular the Internet is not a totally reliable medium of communication and is subject to software and hardware failures outside the control of hbmarkets.com.
7. Liabilities
7.1 There is nothing in this agreement that shall limit or restrict the liability of either party for death or personal injury caused by its negligence or that of its employees, agents or subcontractors.
7.2 Given the Service does not examine the use to which you or other users put the Information on the ‘hbmarkets.com’ website, ‘hbmarkets.com’ excludes all liability of any kind for the reception and use of such Information by you.
7.3 Except for any direct loss caused by the negligence, wilful default and/or wilful misconduct of hbmarkets.com, hbmarkets.com shall not be liable in any way or otherwise, for any loss or damage whatsoever arising from, or in any way connected with, this agreement or your use of, or your inability to use the Information, including, without limitation, any indirect, incidental, special, consequential or unforeseeable damages, damage for loss of business, loss of profits, business interruption, wasted expense, financial loss, any loss that is not reasonably foreseeable, or any other pecuniary loss (even where hbmarkets.com has been advised of the possibility of such loss or damage).
7.4 hbmarkets.com shall not in any circumstances be liable in contract , tort (including negligence and breach of statutory duty) or otherwise for the acts or omissions of broadcasting authorities or providers of telecommunications networks or Third Party Sources or for any interruptions, faults, errors or failures in any broadcasting service or telecommunications network.
7.5 You also acknowledge and agree that each Third Party Source likewise disclaims all liability for the accuracy, timeliness or completeness of any of the Third Party Information and to the maximum extent allowed under applicable law shall not be liable to you or to any other person for any delays, inaccuracies, errors or omissions in the Third Party Information or in its transmission (including any direct or indirect loss or for any damages arising from or occasioned by the Third Party Information or its use or for any incidental, special, unforeseeable or consequential loss or damage (together "losses"), (save for direct loss caused by the negligence, wilful misconduct and/or default of the relevant Third Party Source). You acknowledge and agree that, except where you have entered into a written agreement directly with a Third Party Source, you have no with any Third Party Source in respect of the supply of any of the Third Party Information and that no Third Party Source owes you any duty of care with respect to the Third Party Information or accepts any responsibility for it. Further, you acknowledge and accept that neither hbmarkets.com nor the Third Party Source shall be liable for the consequences of you being unable to receive or send an electronic message on the Service relating to a trade or receiving or sending an erroneous or corrupted message relating to a trade.
7.6 The service provides hypertext links to sites on the internet which are operated by other people, companies or other organisations. Using an external hypertext link means that you may be leaving the hbmarkets.com website and hbmarkets.com therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of the linked sites.
8 Intellectual property rights
8.1 Any copyright or other intellectual property rights of whatever nature which exist or may exist in the presentation and/or content of the Information and the website and computer software comprised in the Service shall remain the property of hbmarkets.com or its licensors (including the Third Party Sources). You may not use the logo or name or trade name of hbmarkets.com, HB Markets plc or of any of its licensors (including Third Party Sources) without the prior consent of the relevant holder of the intellectual property rights therein.
8.2 Therefore, you are only permitted to use the Information as expressly authorised by the Service and, unless otherwise stated, you may not reproduce, copy, distribute or create derivative works from the Information.
9. Data Protection
9.1 All Personal Information will be treated in strict confidence. hbmarkets.com will make all reasonable efforts to maintain the confidentiality of Personal Information and will comply with all relevant Data Protection laws. However, you agree that we may disclose to the Financial Services Authority and to any other regulatory body to which we are subject and to any stock exchange on which your transactions may be executed, or to any person empowered to require such information by or under any legal enactment, any Personal Information they may request or require relating to you or the services under this agreement.
9.2 Subject to the above, the Information provided by you during the registration process will remain confidential. However, HB Markets plc will endeavour to contact you with details relating to other services it provides. By signing this agreement you give your permission for a representative of HB Markets plc to contact you by telephone, via email or through the post. You understand that by agreeing to this agreement you are placed under no obligation to transact business with HB Markets plc.
9.3 We will automatically track certain Information about you in the course of using the Service. This Information includes the URL that you came from and the URL you go to next, the browser you are using and your IP address. This Information is gathered for systems administration purposes and to report aggregate Information for market intelligence purposes. It also helps us to ensure that our website reflects user needs and that the high quality of the Service is maintained.
9.4 We will not disclose any Information whatsoever about you to any third parties, except any suppliers we engage to provide services, which involve processing data on our behalf. Furthermore, we will not sell or rent any Personal Information to any third party. Although we will aggregate statistics about users, sales, traffic patterns and related site traffic and whilst this market intelligence may be shared with third parties or partners for the purpose of improving the products and services we provide, we will not disclose to these entities any Personal Information.
9.5 Under exceptional circumstances, we may need to disclose Personal Information (i) if so required by law (ii) to enforce or apply the terms of any of our user agreements, (iii) if so required by the police or regulatory or government authority in investigating illegal activities, or (iv) protect the rights, property or safety of hbmarkets.com, you, or others.
10. Miscellaneous
10.1 In accepting these terms and conditions you agree to indemnify hbmarkets.com and its officers, directors, agents and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach by you of these terms and conditions, the infringement by you of the Service, the infringement by you of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of the Website or the Service.
10.2 All notices to be sent from one party to another in connection with the Service shall be delivered by hand, sent by first class letter to the correspondence address of the parties or transmitted electronically by e-mail. The email address of ‘hbmarkets.com' is info@hbmarkets.com. Notice may also be delivered to you by facsimile, electronic or other virtually instantaneous communication medium, and if it is so delivered, it will be deemed to have been received no later than two business days after posting. Notice may also be delivered to you by facsimile, electronic or other virtually instantaneous communication medium, and if it is so delivered, it will be deemed to have been received by you immediately, and the notice period will commence from that time. hbmarkets.com also reserves the right to distribute notices regarding the Website or the Service by a message or notice broadcast through the Website, and such broadcasts shall constitute notice to you.
10.3 The parties agree that correspondence and documents transmitted electronically shall be construed as "writing" or "in writing" and have been "written" or "signed" for the purposes of this Agreement.
10.4 hbmarkets.com shall not be liable to you for failure to fulfil any obligation hereunder, or for any breach of these terms and conditions, if such failure or breach was due to circumstances beyond its reasonable control.
10.5 You shall not assign any rights or obligations hereunder without the prior written consent of hbmarkets.com. hbmarkets.com reserves the right to effect its obligations through another organisation but hbmarkets.com shall remain liable to you for fulfilment of all its obligations under this.
10.6 Failure by either party to exercise any right or remedy under this agreement shall not signify acceptance of the event giving rise to such right or remedy nor shall it constitute a wavier of such right or remedy.
10.7 This is the entire agreement of the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, representations and proposals, whether written or oral.
10.8 Except for hbmarkets.com or HB Markets plc, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties Act) 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act or equivalent legislation in other jurisdictions.
10.9 If any provision of these Terms and Conditions is held by a Court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
10.11 These Terms and Conditions shall be construed in accordance with and governed by English law and the parties hereto irrevocably agree to submit to the exclusive jurisdiction of the English Courts.
10.12 The headings contained in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance and shall not affect its interpretation.
11. Risk warning
When people invest money in smaller companies (including ‘Penny Shares’) there is an extra risk of losing all or some of their investment. There is a big difference between the buying price and the selling price of these shares. If they have to be sold immediately, you may get back much less than you paid for them or you may have difficulty in selling them. Past performance is not a reliable indicator of future results. The price may change quickly and it may go down as well as up. You could lose every penny put into a particular share.
The Information has been compiled from documented sources which are believed to be reliable but, due to their very nature, are subject to a degree of historical inaccuracy and have not been independently verified and cannot be guaranteed. The pages on this website are provided for Information only. HB Markets plc will not accept responsibility for loss incurred by any person or body acting, or refraining from acting, as a result of Information and/or opinions given anywhere on this website. Issued by HB Markets plc, 131 Finsbury Pavement, London, EC2A 1NT. Registered in England. Registered No. 2693942. Registered Address: 131 Finsbury Pavement, London, EC2A 1NT. HB Markets plc is Authorised and regulated by the Financial Services Authority.
