1. Definitions and Agreement
1.1 These Terms and Conditions constitute a legal and binding agreement between a user (herein referred to as “you”, “your” and “the user”) of the website (“Site”) of the Jamaica Stock Exchange Limited and its subsidiaries’ (“JSE Group”). These Terms and Conditions shall govern the rights and obligations of the user and the JSE Group in respect of the use of the Site.
- We reserve the right to update this Policy periodically and without written notice. Changes made to this Policy will be effective immediately, unless otherwise indicated.
- Upon use of the Site, you are bound by such revisions and should check the Policy on a regular basis for any updates. If at any time you do not accept the terms of this Policy, you should not use the Site.
These Terms and Conditions are concluded between the parties upon your use of the Site and/or upon your completion of any online or other registration requirement in relation to use of the (“Site”). By using the Site, you agree to these Terms and Conditions.
- The user may register to the Site free of charge for additional benefits by clicking on the Sign-Up tab on the Site. Users shall also be required to supply us with any other information required from time to time.
- The user shall formulate a unique username and password in connection with the use of the Site.
- The user agrees to keep his or her username and password protected at all times.
- The user shall always log out of the Site after each use.
- The user shall be responsible for any use of his or her password. The user hereby acknowledges that use of his or her username and/or password is the user’s authorization for the purposes of any activity conducted on the Site. The user shall be responsible for any result arising out of any use of his or her password. We shall not be held liable under any circumstances for any actions taken without, or on unauthorized instructions.
- Users shall make a report of any suspicious or unauthorized activity on his or her account by contacting us. You may contact us by clicking on the About Us tab located on the Homepage of the Site and then click on the Contact Us tab.
- Neither the JSE Group nor any of their directors, officers, employees or agents are soliciting, inducing, inviting or making any offer for any sale or purchase of any securities;
- The Site, the market data and any other data or information contained on or made available by the Site does not constitute any recommendation, advice, invitation, offer or solicitation for any sale or purchase of any securities. Use of and reliance on any data or information contained on or made available through the Site is at the user’s own risk;
- The Site is not directed at or intended for dissemination or publication to any person in any jurisdiction where such actions would be in contravention of any applicable laws or regulations.
- We shall at any time and for whatever reason, have the sole and exclusive right to suspend or withdraw the Site permanently without giving any reasons for such withdrawal or suspension.
8.1 The Site
Your use of the Site is at your own risk. However, the JSE Group warrants that it has instituted industry standard security measures to secure the Site against unauthorized access.
8.2 Acceptable Use
i. We may make reasonable requests of the user from time to time to comply with security and auditing standards (including requiring the user to change his or her password) and users agree to comply with such requirements;
ii. Users acknowledge and agree to comply with all applicable laws and regulations with respect to the use of the Site in the country in which: the user resides or is a national; from which the user may access or accesses the Site; or which has jurisdiction over the user. The user agrees to indemnify the JSE Group, its directors, officers, employees or agents for any breach of such laws and/or regulations;
- Users agree that their use of the Site shall not:
- in any way circumvent, disable, impair, obstruct, overload, cause degradation or damage or any other breakdown of any of the JSE Group’s Systems or interfere with any other party’s use and enjoyment of the Site.
- be used to gain or attempt to gain unauthorized access to: users information; or areas of the Site restricted from the user; or any of the JSE Group’s Systems; or any computer systems, server(s) or networks or any other systems connected to any of the JSE Group’s Systems through any means whatsoever.
- be used to disseminate or publish any unsolicited or unauthorized advertising or any form of solicitation.
8.3 Access to the Site
i. We reserve the right to terminate your access to the Site, with or without cause or for any action that JSE Group determines is inappropriate or disruptive to the Site or any other user of the Site;
ii. The JSE Group reserves the right, in its sole discretion, to monitor any and all use of the Site.
8.4 The Internet
Users shall bear the risk of their use of the internet and under no circumstances shall we be liable for any loss, harm or damage suffered by users as a result thereof.
8.5 Third Party Providers and Third-Party Links
8.5.1 We may use the services of third parties (who the JSE Group in its sole discretion selects) to provide the Site and/to support the Site;
8.5.2 Third parties information (who the JSE Group in its sole discretion selects) may be displayed on the Site from time to time. We have no control over this information and make no endorsements, representations, or warranties of any nature as to the accuracy, timeliness, appropriateness, or correctness of such information. Users agree that such information is provided “as is” and we shall not be directly or indirectly liable for any damages that may arise from users’ reliance on such information.
8.5.2 External hyperlinks may be provided for convenience. These web pages are beyond our control and no representation or endorsement is made as to their content.
8.5.3 No user shall be entitled to link a website or any web pages to the Site without our prior written consent.
Users acknowledge that:
- Users’ information entered into the Site may be shared or transferred to third party affiliates for the purposes of providing and/or maintaining the Site;
- The JSE Group may be required to disclose information to legal and regulatory authorities if requested to do so by any legally valid order or request.
You agree to indemnify and hold harmless the JSE Group and its directors, officers, agents, and employees from and against any and all claims, demands, costs, damages and or penalties arising out of any failure by you or any agent acting on your behalf to fully observe these Terms and Conditions or by reason of any access, use by you or such agent of the Site and its contents.
- The Site, all rights, title and interest in the Site and the contents of the Site including but not limited to the graphics, photographs, images, video, audio, appearance of the Site, the logos and marks and any another data or information contained on the Site are the sole and exclusive property of the JSE Group, its licensors and/or consenting third parties.
- Nothing contained on the Site should be construed as granting any license or right to use any trademark without the written permission of JSE Group and/or such third parties.
The Site is provided “as is” and JSE Group makes no express or implied representations or warranties with regard thereto. The JSE Group will take reasonable precautions to minimize the risk of viruses and security threats that could be introduced to the Site. Without limiting the generality of the foregoing:
- The JSE Group does not warrant that the Site will be free from any viruses, security threats or that it will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
- The JSE Group expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
In no event will the JSE Group or any of its directors, officers, employees or agents be liable for any damages including without limitation direct or indirect, special, incidental, consequential or punitive damages arising out of or relating to: the failure of the JSE Group’s Systems, the use of the Site, any failure of performance, error, omission, interruption, defect, computer virus, security threats, unlawful access, delay in operation or any other breakdown of the Site or third party services even if the JSE Group is advised of the possibility of such damages.
This Agreement is subject to the laws of Jamaica.