Terms & Conditions, Disclaimers, Indemnifications, Governing Law and Representations
Your access or use of a World Wide Website ("Website") and/or application(s) of NetDania signifies the USER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE and/or application(s).
Please read these Terms and Conditions carefully as they contain a consent from you to grant us certain rights to communicate with you about our products and services.
1. CONSENT TO TERMS AND CONDITIONS FOR USE
You, as a Website and/or application(s) user, represent that you have read, understood, and agreed to be bound by the Terms and Conditions the Website and/or applications and that your use of the Website and/or application(s) is subject to the Terms and Conditions and all applicable international and local laws. You agreed not to use the Website and/or application(s) for illegal purposes, and not to interfere with or disrupt the Website and/or application(s) or networks connected to the Website and/or application(s).
By accepting these Terms and Conditions and submitting your contact details including phone number and e-mail addresses, you hereby agree to the following:
a. That we may make available your contact details to NetDania group companies, our affiliates, the NetDania group B2B-partners, and B2B-partners of our affiliates.
b. That NetDania group companies, our affiliates, the NetDania group B2B-partners, and B2B-partners of our affiliates, may contact you by phone, text message, social media or e-mail or other electronic media for the purpose of offering services related to online trading, fund management, software, or software tools related to online trading, investments and financial information.
You can always opt-out of your consent to us either completely or partly.
Certain data accessible on our services is the intellectual property of the relevant news and information service provider or a third party that providing such data to the relevant service provider, or us. The data is protected by Copyright and other intellectual property laws and all ownership rights remain with the information service provider, the third party providers or us, as the case may be.
You may only use the data retrieved from our services for your own personal and non-commercial purposes. Such use shall be in accordance with these Terms and Conditions and the requirements set out elsewhere on our services. Commercial users must enter into a written agreement with NetDania in order to use NetDania services. By accessing the Website and/or application(s), you agree not to redistribute the data in any form. You may not copy, distribute or redistribute the data, including by way of caching, framing or similar means, nor sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. You may not store the data for the purposes of creating a historical database or historical data product or similar purposes. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be.
Elements of this Website and/or application(s) may not be copied or imitated in whole or in part. No logo, graphic, sound or image may be copied or retransmitted unless expressly permitted by NetDania.
2. Third Party Browser Component within NetStation
You are hereby made aware of and accept that any use of the embedded third party browser component from "TeamDev"; www.teamdev.com is your sole responsibility. You furthermore accept that using the embedded third party browser component may compromise your security settings.
The third party browser component is put at your disposal for your convenience only. We resume no responsibility for the use of the third party browser component. Furthermore, we reserve the right to change or disable the third party browser component at any time without notice.
Although the content (shall mean "all content on the Website/and or application(s) including but not limited to data") provided on the Website and/or in application(s) have been obtained from sources believed to be reliable, the content is provided "as is" and without any warranties as to its correctness. We, any content service provider or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the content supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the content. Where the content consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any content service provider, third party or us or any affiliates and may not be complete. Neither we, any content service provider, nor any third party gives any warranties, as to the accuracy, adequacy, quality or fitness, timeliness, non-infringement, title, of any content including but limited to data for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any content. You are responsible for validating the integrity of any content received over the Internet. Changes are periodically made on software and content. NetDania and/or its respective partners may make improvements and/or changes in the product(s) and/or the applications(s) described herein at any time. Neither NetDania nor its content service providers shall be liable for any errors in the content, or for any actions taken in relation hereto.
Transmissions may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your commands and orders. You acknowledge that neither we, any content service provider nor any third party will be liable to you or any third party for any losses arising from such delay.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your commands and orders. You acknowledge that neither we, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay.
Any integration to third party software, other than the above-mentioned browser software component, that is supported by our services is put at your disposal for your convenience only and any use is your sole responsibility. We reserve the right to change or disable any third party integration at any time without notice.
You acknowledge that (a) the content is provided for general informational and educational purposes only and are not intended for trading purposes, (b) that NetDania does not guarantee the accuracy, completeness or timeliness of the content provided on the Website and/or application(s) or any linked website, (c) that the provision of certain portions of the Website and/or application(s) is subject to the Terms and Conditions of other agreements to which NetDania is a party, and (d) that NetDania and/or its respective partners and/or sub-suppliers in no event shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server. The documents and related graphics published on this server could include technical inaccuracies or typographical errors and NetDania, any information provider, or third party shall in no event be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your hardware device(s), software, internet connection or other property, resulting from your use of our services.
You agree, at your expense, to indemnify, defend and hold harmless NetDania, its owners, directors, customers, members, advertisers and affiliates from any and all claims, suits, actions, or other proceedings based on or arising in connection with your use of the Website and/or application(s) or any links on the Website and/or application(s).
5. GOVERNING LAW AND VENUE
These Terms and Conditions shall be governed and construed in accordance with the laws of Denmark without regard to any international private law principles. Any dispute arising out of or in connection with these Terms and Conditions, including any disputes regarding the existence, validity or termination thereof, or the use of NetDania's website or applications, shall be settled by arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration in force at the time when such proceedings are commenced.
You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; (d) you shall use the Website and/or application(s) only as set forth in the Terms and Conditions, and (e) that you irrevocably subject yourself to the choice of law and venue stated in clause 5.