Terms & conditions

TERMS OF USE

These Terms of Use (Terms) set out the basis on which EQDerivatives Inc. (“EQDerivatives”, “we”, “us” or “our”) agrees to let you, the end user, access and use content via our website http://eqderivatives.com and the EQDerivatives mobile application (together, the “Platform”). By accessing and using the Platform you agree to accept these Terms.

 

These Terms are separate and in addition to any subscription agreement between EQDerivatives and you or your organization. Please read these terms carefully, paying particular attention to the provisions regarding EQDerivative’s potential liability in section 7 and section 9.

The Platform is intended only for use by professional and business users. It is not intended for use by consumers, other non-business users or minors. If you are not a professional or business user, or are not 18 or over, then you must not use the Platform and we will not accept any responsibility for any loss or damage arising from your use of the Platform in breach of this restriction.

CONTENTS

1. YOUR USE OF THE PLATFORM

2. ACCEPTABLE USE

3. MOBILE APP USERS

4. PLATFORM LICENSE RESTRICTIONS

5. UPDATES TO THE PLATFORM

6. INTELLECTUAL PROPERTY RIGHTS

7. OUR LIABILITY

8. TERMINATION

9. EVENT REGISTRATION

10. OTHER WEBSITES

11. GENERAL

12. YOUR PRIVACY

13. TECHNICAL ISSUES

14. CONTACT US

15. CHANGES TO THESE TERMS

References to the ‘Platform’ include the mobile, desktop and any other versions of the Platform which EQDerivatives Inc. makes available and any related and incorporated services, materials and documentation, as may be updated, amended or renewed from time to time. 

The Platform is provided for general information purposes only. It does not offer financial, investment or other advice and should not be relied upon as such. You must not under any circumstances make (or refrain from making) any specific investment decisions on the basis of information from the Platform. You agree that your use of the Platform is at your sole risk.

  1. 1. YOUR USE OF THE PLATFORM

In return for the payment of any applicable fees due under the subscription agreement, and for your agreeing to comply with these Terms, you may do any of the following for internal professional or business purposes only, subject always to these Terms, (“Platform License”):

  1. access the Platform, and view, download and print the material and content created by EQDerivatives (“Content”) for your sole and individual use within your business. For the avoidance of doubt, you are not permitted to distribute, circulate or otherwise make available Content to any other person (whether within or outside your organisation) without our express written consent;
  2. use any documentation we provide to support your permitted use of the Platform; and
  3. receive and use any free supplementary software code or update of the Platform incorporating patches and corrections of errors as we may provide or make available to you.

The Platform License is subject to the License Restrictions set out in section 4. below.

  1. 2. ACCEPTABLE USE 

You must only use the Platform within the scope permitted under the Platform License, and in an honest manner which respects the Platform and the Content. 

If you are provided with a password or other login details to access the Platform or the Content, then you must keep that information confidential and not reveal your password to any other person (including, but not limited to, other persons within your organization). You must not allow anyone else to access or use your account and must notify us if you suspect your account details have been compromised or your account may have been misused.

You must not do any of the following:

  1. use the Platform or any Content in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or outside the scope permitted under the Platform License, or in breach of any third party terms of service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data;
  2. carry out any form of web-scraping, crawling or similar process (whether automated or not);
  3. infringe our intellectual property rights or those of any third party (including by unauthorized copying of our Content, or by any other use of the Platform or our intellectual property rights in a manner not expressly permitted by these Terms);
  4. transmit any material that is defamatory, offensive or otherwise objectionable;
  5. use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
  6. attempt to decipher any transmissions to or from the servers running the Platform.

You represent and warrant that: (i) you are not located in a country which is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. 3. MOBILE APP USERS

If you access the Platform via an app downloaded from an app store, then you may be subject to additional policies and contract terms imposed by the app store’s operator (“Appstore”), which you hereby confirm that you will comply with. These will either be:

  1. For android device users: https://play.google.com/intl/en_uk/about/play-terms.html 
  2. For Apple iOS users: https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html  

If you download the Platform from an Appstore, please note the following additional terms will apply:

  1. These Terms are between you and us, and the Appstore is not a party to these Terms. These Terms will not apply to the extent they are inconsistent with any of the Appstore terms.
  2. The Appstore has no responsibility in relation to the maintenance or support of the Platform and does not offer any warranty and will not address or be responsible for any claims (including product liability, regulatory infringement, consumer protection or intellectual property claims) relating to the Platform.
  3. Apple users only: The Appstore is a third-party beneficiary of these Terms and, upon acceptance, the Appstore will have the right to enforce these Terms against you as a third-party beneficiary.
  4. 4. PLATFORM LICENSE RESTRICTIONS  

You may only use the Platform within the scope permitted under the Platform License. In particular, you shall not do (or attempt to do) any of the following in any form, in whole or in part, to any person without prior written consent from us:

  1. rent, lease, sub-license, loan, provide, transfer or otherwise make available, the Platform (or any of your rights under these Terms);
  2. copy the Platform, except as permitted under these Terms or where reasonably necessary for the purpose of back-up or operational security;
  3. translate, merge, adapt, vary, alter or modify, the Platform nor permit it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted under these Terms; or
  4. disassemble, de-compile, reverse engineer or create derivative works based on the Platform, except to the extent that such actions cannot be prohibited by law because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program and provided that the information obtained by you during such activities is used for the purpose of interoperability and: (i) is not disclosed or communicated without our written consent; (ii) is not used to create any software which is substantially similar to the Platform (or any aspect of it); and (iii) is kept secure.

You must also comply with any third-party terms which apply when you use the Platform (for example, terms imposed by the organization which has purchased a license for you to access the Platform, or the terms relating to the device or network connection you use to access the Platform).

  1. 5. UPDATES TO THE PLATFORM

From time to time we may ask you to install our updates to the Platform  to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to install our updates to the Platform for these reasons.

If you choose not to install such updates you may not be able to continue using the Platform. We will not be liable for any loss or damage that results from you not updating the Platform.

  1. 6. INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in the Platform and the Content on it throughout the world belong to us (or our licensors) and the rights in the Platform and the Content are licensed (not sold) to you on a non-exclusive, non-transferrable, revocable, non-sublicensable basis. You have no intellectual property rights in, or to, the Platform or the Content other than the Platform License granted  under these Terms. 

The only exception to this is in respect of content which you provide to us (including, comments, testimonials or feedback in correspondence). By providing any such content, you provide us with a non-exclusive perpetual, irrevocable, worldwide, royalty-free, transferrable, sub-licensable license to use such content as we see fit in connection with the Platform and our business (including for commercial purposes).

Notification and removal of Content: Occasionally the Content made available may include material provided to us by a third party (for example, a contributing author or speaker at one of our conferences). We use reasonable endeavors to ensure the sources of such Content are reputable, but we do not moderate or verify all such material. Accordingly, if you suspect any Content as being inaccurate, infringing a third party right or otherwise being unlawful or inappropriate then you must notify us immediately by emailing info@eqderivatives.com with details of the content in question. We will investigate the Content in question and, if appropriate, remove it in accordance with these Terms.

  1. 7. OUR LIABILITY

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

To the extent permitted by law, we will not be liable for any of the following types of loss or damage:

  • any loss (including reduction in value) in relation to an investment, instrument, transaction or business;
  • any loss of profit, loss of business, loss or corruption of data or information, business interruption, or loss of business opportunity;
  • harm that could have been avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place appropriate information security measures; and
  • any loss or damage resulting or arising from any non-availability of the Platform or from your breach of these Terms. 

The Platform is provided for general information purposes only. It does not offer financial, investment or other advice and should not be relied upon as such. You must not under any circumstances make (or refrain from making) any specific investment decisions on the basis of information contained on the Platform (and we will have no liability for any such decisions). Your use of the Platform is at your sole risk. 

IN THE CASE OF USERS WHOSE ORGANIZATION HAS ENTERED INTO A SUBSCRIPTION AGREEMENT WITH EQDERIVATIVES, THE MAXIMUM AGGREGATE LIABILITY OF EQDERIVATIVES IN RESPECT OF ANY AND ALL LOSS, DAMAGE OR OTHER LIABILITY WHICH IS NOT OTHERWISE EXCLUDED WHICH ARISES IN RELATION TO OR CONNECTION WITH THE PLATFORM SHALL NOT EXCEED AN  AMOUNT EQUAL TO TWENTY FIVE PERCENT (25%) OF THE  ANNUAL SUBSCRIPTION FEE PAID OR PAYABLE TO EQDERIVATIVES UNDER THE SUBSCRIPTION AGREEMENT. 

IN THE CASE OF ANY OTHER USERS, EQDERIVATIVE’S MAXIMUM AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).

Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

The Platform is made available strictly at your sole risk on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on the Platform, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law. We are not responsible for events outside our control. 

  1. 8. TERMINATION

We may suspend or terminate your right to use the Platform at any time in the event you breach these Terms or where necessary to comply with our legal obligations.

If we notify you that we have suspended or terminated your rights to use the Platform then:

  • • you must stop all activities authorized by these Terms, including your use of the Platform;
  • • you must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this; and
  • • we will cease providing you with access to the Platform.
  1. 9. EVENT REGISTRATION

The EQDerivatives website allows attendees to register for events and make payment. Event registration is carried out via a link on the relevant event page. Admittance to events is at our discretion and we reserve the right to refuse or cancel a delegate’s registration. Photography and video/audio recording are prohibited at our events except with our express written permission.

Details of how to make payment will be set out on the event booking website and/or Bookings are final and, once made, payments are not refundable except in the case the event or registration is cancelled by EQDerivatives (in which case payments will be refunded in full, but EQDerivatives will have no other liability in respect of such cancellation).

Each registration will allow one delegate to attend the relevant event. Registrations cannot be split or shared between multiple persons. Your registration can be transferred to a different person within your organization at no cost, provided you give us written notice of the transfer.

Information about registrants will be shared with event sponsors and partners. Please see our Privacy Policy [INSERT LINK] for further details.

You agree that EQDerivatives may amend the event details (including the venue, speakers and agenda) at any time without notice and without liability. Provided that, if the event is rendered substantially different you may be entitled to a full or partial refund (the amount of which shall be at our discretion).

OUR MAXIMUM AGGREGATE LIABILITY TO ANY PERSON IN CONNECTION WITH AN EVENT WILL BE LIMITED TO THE AMOUNT OF THE REGISTRATION FEE PAID OR PAYABLE FOR THAT EVENT.

  1. 10. OTHER WEBSITES

The Platform may contain links to other independent third party websites which are not provided by us. Such third party sites are not under our control, and we are not responsible for and have not checked and approved their content.

You will need to make your own independent judgement about whether to use any such third party sites, including whether to buy any products or services offered by them.

  1. 11. GENERAL

Transferring rights: We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing (which may include by email or by posting a notification on the Platform) if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 

Separate terms: Each of the paragraphs in these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy (and, where applicable, the Subscription Agreement) (together, the “Agreement”) constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.

Delay: Even if we delay in enforcing these Terms we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing law:     These Terms shall be governed by and construed and interpreted under the internal laws of the State of Illinois, without regard to any choice of laws analysis. Any action to enforce, construe, or interpret this Agreement, or arising under or relating to this Agreement or the Platform shall be brought in and adjudicated by a court of competent jurisdiction located only in Chicago, Illinois, which shall be the exclusive venue for the adjudication and resolution of such actions. 

Notwithstanding the foregoing, we may bring proceedings in any court of competent jurisdiction to recover monies owed to us or in order to seek injunctive relief for a breach of these Terms or to protect our intellectual property rights (or those of our licensors) or confidential information.

  1. 12. YOUR PRIVACY  

We only use personal data about end users (including information about event attendees and personal data collected through use of the Platform) as set out in our Privacy Policy [LINK TO PRIVACY POLICY].

  1. 13. TECHNICAL ISSUES

If you want to learn more about the Platform or have any problems using it please contact us (including with complaints). If you think the Platform is faulty or mis-described or wish to contact us for any other reason please email our customer service team at info@eqderivatives.com 

  1. 14. CONTACT US

If you want to contact EQDerivatives Inc. about these Terms or the Platform you can do so by writing to us at EQDerivatives Inc., 125 S. Clark St., 17th Floor, Chicago or emailing info@eqderivatives.com.

If you are contacting us with a complaint, then please include the following information:

  • • your name and email address;
  • • details of the complaint (e.g. copyright infringement, improper content, defamatory content); and
  • • (where possible) a hyperlink to the content in question.

We will review complaints promptly and will inform you of the outcome of our review within a reasonable time of receiving your complaint.

  1. 15. CHANGES TO THESE TERMS 

We may need to change these Terms from time to time, for example due to changes to the way the Platform operates or due to changes in the law. If a change is required we will give you at least 30 days’ notice wherever possible (which may include by email or by posting a notification on the Platform). If you do not accept the notified changes you will not be permitted to continue to use the Platform.

These Terms were last updated on 11 October 2018.