TOWER TRADES USER INTERFACE
1.1 You will ensure that all usernames and passwords required to access the Website are kept secure and confidential. You will immediately notify TOWER TRADES of any unauthorized use of your passwords or any other breach of security and we will reset your password.
1.2 When accessing and using the Service, You must:
(a) Not attempt to undermine the security or integrity of TOWER TRADES computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
(b) not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
(c) not attempt to gain unauthorized access to the computer system on which the Website is hosted or to any materials other than those to which you have been given express permission to access;
(d) not transmit or input into the Website any files that may damage any other person's computing devices or software; content that may be offensive; or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use);
(e) Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
1.3 Use of the Service may be subject to limitations, including but not limited to transaction volumes and the number of calls permitted to be made against TOWER TRADES application programming interface. Any such limitations will be advised.
1.4 For the purpose of account security, TOWER TRADES reserves the right to request additional information at any time to support the verification of user identities.
1.5 By registering as a Member, a Member represents and warrants:
(a) They have accepted the Terms; and
(b) They are at least 18 years of age and have the capacity to accept the Terms; and
(c) They will not register more than one account unless prior permission has been obtained.
1.6 Management reserves the right to lock or close accounts with no notice deemed as duplicate.
2. Intellectual Property Rights
2.1 All intellectual property rights relating to all the material used on the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to TOWER TRADES. All rights are reserved.
2.2 You acknowledge that, except as otherwise agreed between the parties in writing, all intellectual property rights of TOWER TRADES and the Website shall remain with TOWER TRADES
2.3 By submitting any content to the Website you warrant that you are entitled to and have all necessary intellectual property rights over that content.
3. Anti-Money Laundering “AML” and Know Your Customer “KYC”
3.1 TOWER TRADES reserves the right to request additional forms of identification used for the purpose of understanding more about whom clients are.
3.2 TOWER TRADES reserves the right to perform due diligence checks against the identification and verification of its users. These may include and are not limited to Politically Exposed Persons (PEPs) and Office of Foreign Assets Control (OFAC) sanction lists.
3.3 TOWER TRADES reserves the right to withhold or delay the withdrawal of funds belonging to users who fail to comply.
4. Counter Terrorism Financing “CTF”
4.1 TOWER TRADES reserves the right to file Suspicious Activity Reports (SAR) in confidentiality to relevant government agencies.
5. Data Protection
5.1 TOWER TRADES may place information concerning you on a database of internal use only. TOWER TRADES will not disclose your details to any third party unless required by law, unless specifically instructed to the contrary by you.
6. Third Party Websites
6.1 TOWER TRADES does not link to third party websites that are not affiliated or associated with. TOWER TRADES makes no representation as to the quality, suitability, functionality or legality of the material on third party websites that are linked to, or to any goods and services available from such websites. The material is only provided for your interest and convenience. TOWER TRADES does not monitor or investigate such third party websites and TOWER TRADES accepts no responsibility or liability for any loss arising from the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of TOWER TRADES
7. Warranties and Representations
7.1 You acknowledge that:
a) You are authorized to access and use the Website;
b) If you are using the Website on behalf of or for the benefit of any organization then it is assumed that you have the right to do so. The organization will be liable for your actions including any breach of these Terms;
c) Your use of the Website and the Service is at your own risk. You agree that Management is not responsible for any damage, loss or harm arising out of your use of the Website and Service;
d) The information provided on the Website is for general information purposes only and is given in good faith. The information should not be construed as a recommendation to trade or engage the Service provided by TOWER TRADES in a particular manner; and
e) TOWER TRADES does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. TOWER TRADES is not in any way responsible for any such interference that prevents your access or use of the Website and the Service.
7.2 TOWER TRADES gives no warranty about the Website. Without limiting the foregoing, TOWER TRADES does not warrant that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
7.3 You warrant and represent that you are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction ¬ upon which the product is depend upon for any part of its functionality.
8. Service Performance
8.1 By using this service you confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of TOWER TRADES. You accept that TOWER TRADES is not liable for any perceived slow operation of the Website.
9.1 You agree to indemnify and hold harmless TOWER TRADES, its contractors, and its licensors, and their respective directors, investors, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
10. Limitation of Liability
10.1 In no event will TOWER TRADES, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data;
11. Termination & Remedies for Breach of these Terms by You
a) TOWER TRADES reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation, the right to restrict, suspend or terminate your account or deny you access to the Website without notice; and
b) TOWER TRADES shall be entitled to disclose your user identity and personal details if required or requested by a court of law, governmental agency or any other law enforcement authority in such circumstances as TOWER TRADES in its sole discretion considers reasonably necessary or appropriate.
12. Absence of Waiver
12.1 Any failure or delay by TOWER TRADES to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.
13. Force Majeure
13.1 Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.
14.1 Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by TOWER TRADES of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.
15. Governing Law
The Terms are governed by and construed in accordance with English law. You agree to the exclusive jurisdiction of the English courts.