Terms and Conditions

 

 

Terms and Conditions

These Terms and Conditions were last modified 30 June 2020.

The BIS Group of companies (collectively, "BIS") is pleased to provide you with information, content, tools, products and services on the BIS Sites (the term "BIS Sites" refers to all BIS websites, as well as their content including products and services). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of BIS Sites is subject to these Terms and Conditions.

These Terms and Conditions represent a binding agreement between you and BIS. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of BIS Sites is governed by the version of the Terms and Conditions in effect on the date each BIS Site is accessed by you.

BIS may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting an BIS Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by BIS publishing revised Terms and Conditions on this website; BIS will not separately notify you of any changes or modifications.

These Terms and Conditions are in addition to any other agreements between you and BIS, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the BIS Sites.

 

USE OF BIS SITES

The BIS Sites are intended only for your personal, non-commercial use, unless you and BIS have agreed otherwise in writing.

 

THIRD PARTY CONTENT AND RESEARCH

The BIS Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.

Some of this content may be supplied by companies that are not affiliated with any BIS Entity ("Third Party Content"). The source of all Third-Party Content is clearly and prominently identified on BIS Sites.

Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third-Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licenced from the Third-Party Content provider(s) credited.

BIS does not explicitly or implicitly endorse or approve such Third-Party Content. The Third-Party Content providers do not implicitly or explicitly endorse or approve the Third-Party Content, nor should their content be construed as legal, tax or investment advice.

While BIS makes every attempt to provide accurate and timely information to serve the needs of users, neither BIS nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and BIS and Third-Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. The third-party content is provided on an "as-is" basis. The third-party content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

The third party content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the third party content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

 

ACCURACY OF INFORMATION

While BIS has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. BIS has taken reasonable measures to ensure the accuracy of the information on the Web site. However, BIS does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.

All content on the BIS Sites is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

 

PROHIBITED USES

Use of BIS sites in any manner that could damage, overburden or interfere with any other party’s use of the BIS server and/or any network connected to any BIS server is strictly prohibited.

 

USE OF LINKS

The BIS website may contain links to websites operated by other parties. BIS does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and BIS excludes all liability and responsibility for the content or operation of these third-party websites.

 

EXCLUSION OF WARRANTIES

BIS does not make any express or implied warranties about the BIS sites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The BIS sites are made available to you "as is" and "as available" and BIS does not warrant that any defects or inaccuracies will be corrected.

BIS does not warrant that the BIS sites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. BIS also makes no warranty that the results obtained from the use of the BIS sites will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the BIS sites will meet your expectations.

 

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, BIS will not be liable for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of the BIS sites and third party content, inconvenience or delay). This is true even if BIS has been advised of the possibility of such damages or losses.

Except as otherwise required by law, BIS will not be liable to you or anyone else for any loss resulting from a cause over which such BIS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government.

If you live in a state, country or jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.

 

INDEMNIFICATION

As a condition of your use of the BIS Sites, you agree to indemnify and hold BIS and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the BIS Sites, or from your violation of these Terms.

 

CONFIDENTIALITY

It is your obligation to keep BIS accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any BIS Site is made at your own risk. You authorise BIS to rely and act on, and treat as fully authorised and binding upon you, any instruction given to BIS that BIS believes to have been given by you or on your behalf by any agent or intermediary whom BIS believe in good faith to have been duly authorised by you. You acknowledge and agree that BIS shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorised by you.

 

TERMINATION

BIS reserves the right to terminate your usage of the BIS Sites at any time, for any reason, with or without cause and without prior notice.

 

SEVERABILITY

If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

GOVERNING LAW AND JURISDICTION

Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the Republic of Mauritius, without regard to principles of conflicts of law, and shall inure to the benefit of BIS's successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with BIS in the Republic of Mauritius or elsewhere.

 

BIS SHARE LIQUIDATION SYSTEM SOFTWARE END USER LICENCE AGREEMENT

BIS Holding Limited ("BIS LTD"), and each of its affiliates and subsidiaries (collectively, "BIS") is willing to licence the Share Liquidation System software (defined below) to you only upon the condition that you accept all of the terms contained in this end user licence agreement ("EULA"). This EULA is a legal agreement between you and BIS. Read it carefully before investing and/or using the software. By investing and/or using the software you acknowledge that you have read the terms of the EULA and agree to them. If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these terms. If you do not have such authority, or if you do not wish to be bound by the terms, then you cannot use the software identified below or any other media on which the software is contained.

Software. Software is defined as downloadable BIS platforms and API's, as well as any other software, updates or error corrections provided by BIS, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts and other documentation provided to you by BIS or otherwise disseminated by BIS.

Licence. Licence is defined as a limited, revocable, non-sublicensable, non-exclusive, non-transferable right to use Software, granted to you.

 

GRANT OF LICENCE.

BIS grants you the right to install, use, access, display and run the Software on any computer or mobile device, where applicable, that you own or control, for personal, non-commercial use, unless you and BIS have agreed otherwise in writing, and provided that you comply with all terms and conditions of this EULA.

 

SCOPE AND LIMITATIONS.

You may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicence or exploit the Software including the Software text, graphics, video, audio, codes, user interface design or logs. You may not copy (except as expressly permitted by this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof including but not limited to the Software text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of BIS. The terms of the EULA will govern any upgrades provided by BIS that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern. The Software is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ascertain the terms of the EULA and comply with any local law or regulation to which you are subject. You shall not use or permit anyone to use the Software for any unlawful or unauthorised purpose. The information provided to you in the Software is the exclusive proprietary content of BIS and where applicable, its third-party vendors, licensors and the affiliates thereof. Nothing in this EULA shall provide you with any proprietary rights in the Software or any information provided to you in the Software.

As a condition to this Licence you understand and agree that your download and/or use of the Software will expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment. You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. BIS expressly disclaims any liability with respect to the foregoing, and you agree to fully indemnify, defend and hold harmless BIS from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.

 

CONSENT TO USE OF DATA.

You agree that BIS may collect and use technical data and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to this EULA.

 

LINKS TO THIRD PARTY CONTENT.

You may link to third party content through the use of the Software. The third-party sites are not under the control of BIS and BIS is not responsible for the contents of any third-party sites, any links contained in third party sites, or any changes or updates to third party sites. Inclusion of any link does not imply an endorsement by BIS of the third-party site. Certain third-party information transmitted in the Software may require additional approvals by the vendor or third party that supplies such information. You are responsible for making application to and receiving such written approval by the required third-party and paying any fees or charges where applicable.

 

TERMINATION

The Licence granted to you under this EULA can be terminated by BIS at any time without notice, with or without cause. BIS reserves the right to terminate your rights under this Licence without notice from BIS if you fail to comply with any term(s) of this EULA. Upon termination of the Licence, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software. You acknowledge that certain information is being supplied by third parties with whom BIS has entered into an agreement. In the event any agreement between a third-party provider of information or software and BIS is terminated, BIS will stop providing you with this information or software immediately and without notice. Neither BIS nor any third-party vendor or information provider with whom BIS has entered into an agreement shall have any liability to you in connection with such termination.

 

INTELLECTUAL PROPERTY.

You acknowledge that the Software is protected by copyright and other intellectual property laws. You further acknowledge that all right, title and interest therein are the sole property of BIS and its third-party licensors, where applicable, and that you receive no rights, title or interests in the Software except as expressly set forth herein. You agree not to challenge either BIS's or any third-party licensor's rights in or otherwise attempt to assert any rights in the Software, except those provided under this EULA.

 

NO WARRANTY:

BIS does not make any express or implied warranties about the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The software is made available to you "as is" and "as available" and BIS does not warrant that any defects or inaccuracies will be corrected. BIS does not warrant that the software will meet your needs, or that your use will be uninterrupted, timely, secure or error-free. BIS also makes no warranty that the results obtained from the use of the software will be accurate or reliable, or that the quality of any products, services, information, or other material related to the software will meet your expectations. No oral or written information or advice given by BIS or its authorised representative shall create a warranty. BIS and its third-party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the software. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

 

LIMITATION OF LIABILITY:

To the extent permissible by law, in no event shall BIS, any third party content provider, any third party licensor or any affiliates thereof be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses ("losses"), arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if BIS, any third party content provider, any third party licensor or any affiliates thereof have been advised of the possibility of such damages. Furthermore, except as otherwise required by law, BIS will not be liable to you or anyone else for any loss resulting from a cause over which such BIS does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. Use of any third-party software will be governed by the applicable licence agreement, if any, with such third party. BIS is not responsible for any third-party software and will have no liability of any kind for losses resulting from your use of such third-party software with BIS 's software. BIS makes no warranty of any kind with respect to such third-party software.

 

GOVERNING LAWS AND JURISDICTION.

Unless otherwise agreed, this EULA and it's enforcement is governed by the laws of the Republic of Mauritius, without regard to principles of conflicts of law, and shall inure to the benefit of BIS's successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with BIS in the Republic of Mauritius or elsewhere.

 

GOVERNING LANGUAGE.

Any translation of this Licence is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this Licence shall govern, to the extent not prohibited by local law in your jurisdiction.

 

MODIFICATIONS TO THE EULA.

BIS reserves the right to change the terms and conditions of the EULA at any time with or without notice by posting such changes on the www.bisholding.com website. You are responsible for regularly reviewing these terms and conditions for any mod

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