1 Description of the Service
1.1 ("Webfg", "we" or "us") will provide you with access to the Site. Access to the Site is free. Some other services provided by Webfg may not be free. If this is the case, Webfg will inform you before you subscribe to the other services that they are not free and make sure that it is clear what the charges are.
1.2 In these Terms Service refers to any services provided by us, including the provision of access to the Site.
2.1 The detail provided by you on registration are important. You must ensure that they are correct and complete.
2.2 You must inform us immediately of any changes to the information that you provided when registering. To inform us of any changes, please log in and change your profile as appropriate.
3 Content of the Site
3.1 Because of the nature of the information displayed on the Site, Webfg cannot verify whether it is accurate or up to date. If Webfg becomes aware that any information is inaccurate or out of date it will remove it from the Site or take other appropriate action. Webfg is not responsible for the content of the Site. It does not warrant, represent or endorse the accuracy or reliability of any of the information, content, advertisements or third party site and content contained on, distributed through or linked, downloaded or accessed from the Site, nor the quality of any products, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer on or in connection with Webfg.
3.2 The content on the Site is only for your general information and use and is not intended to address your particular requirements.
3.3 The content of the Site does not constitute any form of advice, recommendation or arrangement by Webfg and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that Webfg shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of the Site.
3.4 Investors should be aware that prices may fall as well as rise and that the income derived can go down as well as up. When buying or selling any investment that fluctuates in price or value you may get back less than you invested. Past performance is not necessarily a guide to future performance. Investors should be particularly wary about the accuracy of the comment posted on the investment bulletin boards that Webfg links to.
3.5 Any arrangements made between you and any third party named on this site are at your sole risk and responsibility.
3.6 Material on this site is protected by copyright, trade marks and other intellectual property and proprietary rights. You may print or download one copy of the content on the site on any single computer for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, copy of distribute or use for commercial purposes any of the materials or content on the site without written permission from Webfg.
4 Links to other websites and services
4.1 The Site contains links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the contents or security of those sites.
5 Access to our Service
5.1 We make no promise that our Service will be uninterrupted or error free.
5.2 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Webfg will attempt to restore the Service as soon as it reasonably can.
5.3 Because of the nature of the Internet, the Site is provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide our Service for any reason beyond our control.
5.4 This service is only available for private investors. A private investor in the UK is a customer who is not carrying out regulated activities within the meaning of the Financial Services and Markets Act 2000 and who meets all of the conditions set out below:
• You use the service in a personal capacity
• You are not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognised professional body
• You do not currently act in any capacity as an investment adviser, whether or not you have at some time been qualified to do so
• You use the service solely in relation to the management of their personal funds and not as a trader to the public or for the investment of corporate funds
• You do not distribute, republish or otherwise provide any data from the service to any third party in any manner
• Your account is for individual use only and must be maintained in your name and not in any company name - the exception to this would be a share club operating on a non-professional basis.
6 Your conduct on our Site
6.1 You must not use the Service in a way which causes or is likely to cause the Service provided by Webfg to be interrupted, damaged or impaired in any way.
6.2 You understand that you, and not Webfg, are responsible for all messages received by or sent from your computer to the bulletin boards and you must use the bulletin boards and the Service for lawful purposes only.
6.3 You must not use the bulletin boards or the Service for any of the following:
• for fraudulent purposes or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, trademark, confidence, privacy or any other rights;
• to cause annoyance, inconvenience or needless anxiety.
6.4 You must immediately notify us if any one brings or threatens to bring a claim or legal proceedings against you relating to your use of the Service. You further agree to immediately stop the act that is the subject of the claim or legal processing. If Webfg asks you to, you must confirm the details of the claim or the proceedings in writing.
7 Your Liability
7.1 You must compensate Webfg against any damage suffered by us as a result of any wilful or negligent act by you or any breach of the contract by you.
8 Webfg's liability
8.1 Our total liability to you (including where we have been negligent) shall be limited to the amount of £1,000 pounds sterling, except where we are unable to limit liability in law. Webfg is unable to limit its liability by law for death or personal injury.
8.2 We will not be responsible for your loss of profits, wasted expenditure, corruption of data or destruction of data or any other loss which does not directly result from something we have done wrong.
9 Matters beyond Webfg's reasonable control
We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
10 Copyright / Trademarks
10.1 All rights in the designs and information in our Site or distributed by us via e-mail, fax, mobile phone, handheld computer or other device are owned by Webfg or its licensors. You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of this Site without our permission.
10.2 "Webfg" is a trademark of Webfg. Other products and company names mentioned on our Site may be the trademarks or registered trademarks of their respective owners.
11 Data Protection
11.1 We will respect your personal information and will comply with all applicable UK data protection legislation currently in force.
12 Termination of Service or amendments to the Terms
Any promotional offers are valid for 12 months, after which time standard charges apply.
We reserve the right to alter or withdraw our Service, to refuse our Service to any customer and to change the Service or these Terms at any time by posting notice of the changes on the Site at least 30 days before the change is to take effect. If you use the Site after we have posted notice of the changes you will be bound by the new terms. You should therefore ensure that you read the amended terms. The Terms may also be extended to include other conditions applicable to specific products or services offered by Webfg from time to time.
You will not transfer or attempt to transfer this contract in whole or in part to any one else.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.
The Service is owned and operated by Webfg a company registered in England and Wales (under company number 3678570) whose registered office is at Webfg, 10 Lower Thames St, London EC3R 6EN . If you have any queries, please contact [email protected] .
Webfg is committed to protecting your privacy online. Our policy below explains how we do this:
• What information do we collect?
When you register with our Site, we will collect your name, country, company name, company type and job description, e-mail address and phone numbers. We also monitor customer traffic patterns and Site use which enables us to improve the Service we provide.
• What do we do with the information?
We will use the information provided by you to promote a more personal Service. We are required by the Data Protection Act 1984 and 1998 to follow strict procedures to protect customer information.
As some of our computer systems are based outside the European Economic Area ("EEA"), it will be necessary to pass on some of your personal data outside of the EEA. By agreeing to the terms and conditions you accept that such transfers will take place.
We may use this information to tell you about changes to our site and let you know about our Service and those products and services of other companies we work with. If you do not wish to receive this information you may email us at [email protected] and we will remove your account.
We may pass the information we collect about you to other carefully selected companies whose products and services we think may be of interest to you. If you do not want us to do this then you are able to opt out when registering or may unsubscribe yourself from 3rd party emails in the email alerts section of your account.
• What about "cookies"?
"Cookies" are small pieces of information that are stored on your computer's hard drive by your browser. These allow us to store your details and provide features to make your use of the Service easier. Most browsers allow the cookie function to turn off. If you want to know how to do this please look at the help menu on your browser.
Real Time UK Level 2 and/or Level 1 is available for all Active Trader subscribers. Please see the Active Trader section of the Terms & Conditions for details. We also offer a limited UK Level 1 service for all Real Time registered users. The Service aims to provide a minimum set amount of time per day accessing streamed UK level I data. Until further notice we will set this minimum at 15 minutes per day. We do not guarantee that access to this service will be uninterrupted, nor do we guarantee that you will be able to access this service at all times during the trading day. We aim to be able to provide you with this service at no charge on an ongoing basis, but reserve the right to withdraw the service and/or change the terms of the service at any time without prior notification. In the case that a charge must be introduced, we will give you at least two weeks notification to this effect, and you will be able to cancel your access without penalty or charge.
Registration is on a first come first served basis. You must be registered with Webfg to apply for this service. You may only register once for this service. If you are already registered with this service and attempt to register for a second time we reserve the right to terminate your access.
By registering for access to Real Time you agree that your details may be shared with third party sponsors.
You will be provided with access to this service at the discretion of Webfg. We reserve the right to terminate access at any time and without reason.
If you are not using the service we reserve the right to terminate your access. We will make our best attempt to notify you, but in any case reserve the right to terminate your access to the service without notice. As this is a free service, we reserve the right to change the terms, or terminate the service at any time.
Although registration to the Webfg website is free, there are some premium services for which a subscription fee is payable. We will inform you on the website if the information you are trying to access is not free and you will be given an opportunity to subscribe and pay for such premium services. You agree to pay any fee for any of the premium services that you use which are not free of charge. The fee for Active Trader will vary depending on whether you will subscribe to the Service on a monthly, quarterly or yearly basis.
Active Trader is available to customers who are registered with Webfg. It is available as a premium service to new customers and to current customers of MarketStars who choose to upgrade their service. Active Trader will be offered to current MarketStars customers at no additional cost for the remainder of their current subscription period. If a current MarketStars customer would choose not to upgrade, their current subscription to MarketStars will continue until the end of the subscription.
Where you have chosen to make payment by debit/credit card, the fees are payable in advance by way of monthly, quarterly or annual subscription and are non-refundable. The payments will be deducted from the debit/credit card account that you have provided at the time of purchase. All payments will be inclusive of VAT unless otherwise shown.
Should the debit/credit card details for any reason be turned down for payment, we will notify you by email or telephone and suspend access to the premium service until such time as you inform us that we can resume drawing payments from a debit/credit card.
We will take all reasonable care to ensure that your payment is properly transmitted and kept secure.
As part of your subscription to Active Trader, you may request access to real time Level 2 and/or Level 1 data for UK equities at no additional charge. There is no additional charge because Webfg will pay the market data licence fees on your behalf. By requesting this data you agree that Webfg may submit your name and contact details to the London Stock Exchange for each month where you have requested this data as part of Webfg’s market data reporting requirements.
How to request access - you are able to make this request on the website by visiting any section where real time Level 2 and/or Level 1 data is available and clicking on the ‘activate’ button. Your request will be processed immediately. After the first time you have requested real time Level 2 and/or Level 1 data, each subsequent view of real time Level 1 and or Level 2 data will be considered a request and you will be deemed to agree that Webfg may submit your name and contact details to the London Stock exchange for that month.
How to remove access - you are able to remove access to real time Level 2 and/or Level 1 data by:
- contacting Webfg (see contact details in the termination section) before the first day of the month to request that this access is removed, and your details will no longer be reported to the London Stock Exchange
- by refraining from viewing Level 2 and/or Level 1 data for a full calendar month. For any calendar month where we do not receive a request for access, we will consider this to be a request to remove access.
You will be able to request access to Level 2 and/or Level 1 data in any calendar month so long as you remain a subscriber to Active Trader, and regardless of any previous requests to remove access.
You may cancel your subscription in accordance with Consumer Protection (Distance selling) Regulation 2000 within seven (7) working days of the start of your subscription (“the Cancellation Period”). You can send your cancellation request by registered post to Webfg, 10 Lower Thames St, London EC3R 6EN, or email [email protected] Your cancellation request will be effective on the day your request is postmarked if sent by registered mail, and the current business day your email is sent. (A business day is 9am - 5:30pm, Monday to Friday excluding bank holidays). If you cancel within the Cancellation Period, we will refund any payment already made apart from such proportion for days that you have already received the service. Please note all refunds will be subject to an administration fee of 4.5% of the total value.
This agreement will continue unless terminated in accordance with the following provisions. You may terminate your monthly, quarterly or annual agreement by giving Webfg not less than 30 days notice before your next renewal date. You may give this notice by registered post or e-mail (see below for contact details).
We may terminate these Terms and deactivate your access to premium services with immediate effect if you:
(i) fail to make any payments due to us;
(ii) are in breach of any of these Terms;
(iii) you do or fail to do any act which jeopardises the continuance of these services
(iv) breach any of the FSA Rules, the FS&M Act or any other applicable legislation
We will then be under no further obligation to you.
To give notice of your intention to terminate this agreement, please contact us by sending a registered letter to Webfg, 10 Lower Thames St, London EC3R 6EN, or email [email protected] Your notice to terminate will be effective on the
your request is postmarked if sent by registered mail, and the current business day your email is sent. (A business day is 9am - 5:30pm, Monday to Friday excluding bank holidays).
Please note that your notice to cancel is only valid if it is acknowledged by our customer service team by email or telephone. If you do not hear from us within 2 business days, please contact us immediately.
Bookings can be made by telephone, fax, email, post or via our website at www.digitallook.com. All bookings are made on a first-come, first-served basis.
All attendees to Webfg events consent to the use of recording, filming, broadcast media, CCTV and photographic pictures that may be used for promotional purposes by Webfg.
• Late bookings
Webfg will accept late delegate bookings subject to availability and the immediate payment in full where payment is necessary.
• Cancellations of paid for events
Written cancellations must be confirmed in writing and received more than 7 days before the event to receive a full refund. Cancellations received after this time or failure to attend the conference without prior written notification will be subject to a 100 percent cancellation charge.
• Substitute delegates
Webfg will accept substitute delegates without charge where prior notification is received.
• Contact details
Registrants for Webfg events may have their details passed to an event sponsor. Registrants for Webfg events may be contacted by a sponsor of the event. Webfg may contact registrants by telephone, text message, or email prior to and after an event.
• Limitation of liability
Webfg does not accept responsibility for accident, injury or loss suffered while attending events unless it is directly due to negligence on its part.
Webfg accepts no responsibility for any loss incurred while using material or information gained at Webfg events.
Webfg reserves the right to cancel any event and/or amend its details. Including an event’s times, dates, changes to speakers, content and programme. In the unlikely occurrence of an event cancellation, Webfg will return any payments received in advance.