Access to and use of the Website
Aims Markets will endeavour to ensure that availability of the Website will be uninterrupted and that transmission will be error free. However due to the nature of the internet this cannot be guaranteed. You acknowledge that Aims Markets does not guarantee that access to the Website or to the Client Area (as defined below) will be uninterrupted or error-free or that defects will be corrected or that the server providing access will be free of viruses or bugs.
You must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
The Website contains material which is owned by or licensed to Aims Markets. This material includes, but is not limited to, the design, layout, look and feel, appearance and graphics. It is protected by intellectual property laws including, but not limited to, those relating to copyright and trade marks.
All rights are reserved except that permission is granted to download the materials contained on the Website to a single computer and to print a hard copy of such materials solely for personal, non-commercial use. Any other use of materials on the Website, including reproduction, modification, distribution or republication, without the prior written permission of Aims Markets, is strictly prohibited.
Liability
Although Aims Markets has used reasonable endeavours to ensure that the information and/or material contained on the Website is correct, Aims Markets does not make any representations or give any warranties that the information and/or material contained on or accessible via the Website is accurate, complete or current or that use of the Website is free of risk or viruses or other damage. Access to and information contained on the Website is provided on an "as is" basis and you have sole responsibility for adequate protection and back up of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Unless otherwise agreed in writing, Aims Markets shall not be liable to you in respect of (i) your use of the Website or (ii) the use, accessing, downloading or reliance on any information or other materials contained or referred to on the Website and accepts no liability for any loss of profits, business or anticipated profit or savings or loss of or corruption of data or any indirect loss or consequential loss suffered by you in relation to your use of the Website even if you have been advised by Aims Markets of the possibility of such loss.
Nothing in these terms of use shall exclude or limit the liability of Aims Markets for death or personal injury due to its negligence or for its fraud. If you are located in Australia, nothing in these terms shall exclude, restrict or modify the application of a non-excludable warranty implied by law, the exercise of a right conferred under such a warranty or any liability for breach of such a warranty, provided that, to the extent permitted by law, Aims Markets’s liability for breach of such a warranty is limited to (at Aims Markets’s election) either supplying the relevant services again, or paying the cost of having the relevant services provided again.
You agree to indemnify Aims Markets and its officers, agents and affiliates from and against any claim brought by third parties against Aims Markets and its officers, agents and affiliates as a consequence of your breach of the terms of use. Furthermore, if your use of this Website results in the need for servicing, repair or correction of equipment, software or data, you assume costs thereof.
Client Area
Aims Markets may in its absolute discretion permit access to a private client area (the “Client Area”) of the Website by issuing you with a username and password, the use of which shall be subject to these terms of use and any supplemental terms notified to you from time to time.
The Client Area of the Website includes additional information, including information and reports relating specifically to clients and client portfolios (“client-specific information”). Your client-specific information will be made available if the specific username and password allocated by Aims Markets is entered but will not otherwise be available to users of the Client Area.
Aims Markets will allocate a specific username and password to each of those persons (“Authorised Persons”) within your organisation or, where applicable, your consultant, to whom client-specific information is already sent. You will be asked to confirm that the list of Authorised Persons is accurate. Clients of Aims Markets agree that Aims Markets may grant access to the Client Area (including access to your client-specific information) whenever a valid username and password is used, whether or not the person using such username and password is an Authorised Person. Once access is granted, all actions will be deemed to have been made by you.
Usernames and passwords are intended only for the person, to whom Aims Markets allocates the username and password, and you shall ensure that no other person uses your username or password and that your username and password are kept secret and are not disclosed to any third party. You shall notify Aims Markets immediately of any unauthorised use of a username or password or if you wish to terminate a person’s access to the Client Area by sending an email to [email protected].
You shall be solely responsible for the use of the Client Area accessed through your username and password and agree to indemnify Aims Markets against any claim, loss, cost, damage, action or expense suffered or incurred by Aims Markets as a result of the use of the Client Area accessed via your username and password or from your failure to comply with the terms of use and any supplemental terms agreed with you from time to time.
Aims Markets may revoke access to the Client Area in its absolute discretion at any time without notice.
Aims Markets may sometimes defer payments or suspend withdrawals in exceptional circumstances
Links
The Website may contain links to third party websites, which are beyond the control of Aims Markets. Aims Markets does not accept any responsibility for the content of or for any transactions between you and such websites or any dealings with your personal information by such websites. No link is intended to be, nor should it be construed as, an endorsement of any kind by Aims Markets of the operator of that website.
Transfer and Storage of Personal Data
Any personal data provided by you to Aims Markets is done so with the knowledge and express agreement that Aims Markets may transfer and store such data outside the EEA.
TMarket Data
Third party data (including any benchmark data) remains the property of the data provider, and may not be reproduced or extracted and used for any other purpose without the data provider’s express consent.
Applicable Law
These terms of use shall be governed by and construed exclusively in accordance with English law. Any dispute arising under these terms of use shall be subject to the exclusive jurisdiction of the English courts and, by using the Website, you hereby submit to and waive any objections to, the jurisdiction of such courts.
Cookies
In using the Website, you agree to the terms of use, including Aims Markets’s use of cookies on this Website, and the terms of the Privacy and Cookies Policy. If you do not accept any of them you should exit the Website now. Aims Markets reserves the right to change these terms of use from time to time and any such change shall be notified on the Website. Your use of the Website following such notification shall be deemed to be your acceptance of such change.