Terms and conditions

General Site Conditions

Version: February 2010

Please read this carefully. By accessing the Site or registering on the Site you will be agreeing to these terms and conditions set out below (these “Terms”).

If you do not understand any part of these Terms, please contact Debutesq Media Group at the following email address. al@debutesq.com

In these Terms the following words and expressions shall have the following meanings:

“Data Providers” means those providers of Information and/or Information Services to us;
“FSA” means the Financial Services Authority of 25 The North Colonnade, Canary Wharf, London E14 5HS or any successor or replacement authority responsible for regulating the investment business of Debutesq;
“FS&M Act” the Financial Services and Markets Act 2000;

“FSA Rules” means the rules of the FSA or any successor or replacement regulatory body responsible for the regulation of the investment business of Debutesq;
“Information” means the database accessible via the Site and each and every piece of information provided through the Information Services;

“Information Services” means one or more of the information services provided on or via the Site;
“Service Providers” those third parties who support us in the provision of Information Services (including Data Providers);

“Site” means our internet website located at www.debutesq.com operated and maintained by us or our agents and/or such other websites as we may notify you from time to time;

“Subscription Services’” certain Information Services which you must subscribe and pay a fee to view;

“User name and Password” the user name and password included on your registration form which is used by you to access the Site and Information Services.

‘Debutesq, our, us or we’

means Debutesq web site and associated companies and its agents and employees and any person to which the rights and/or obligations of Debutesq are transferred or assigned. ‘you, your or yourself’ means you, the person specified as the user in the registration form.
The Services

By using your User name and Password to access the Site and Information Services, you accept in full, these Terms and agree to comply with them in your use of the Site and the Information Services.

Debutesq shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of Debutesq and its Information Providers.

Our Service and all of the Content and Information are provided “as is” without warranty of any kind. Debutesq and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Our Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless Debutesq Media Group Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.

You agree that neither Debutesq Media Group Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall Debutesq or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if Debutesq or Information Providers have been advised of the possibility of damages.

Debutesq reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service or Content or Information, in whole or in part. Debutesq may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.

Use of Our Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Our Service. While you browser may allow you to “reject” cookies, Our Service may require that you accept all cookies in order for its features and security mechanisms to function fully. Debutesq uses “cookies” on Web sites to service the account and keep trading activities secure. A “cookie” is an electronic note created by a web site and stored on your computer.

Debutesq does not guarantee the accuracy of the information and data supplied by Information Providers. Debutesq is not responsible for the quality or reliability of this information. You acknowledge that commentary, analysis or similar materials may contain forward-looking statements and that any Content, Information, software, or tools may not account for or reflect fluctuations in interest rates or other economic conditions and changes.
Technical/Product Support

All Technical/Product Support will be conducted by email. The Customer Contact Centre will be open business days Monday-Friday. Closed Weekends.
Copyright and Your Rights

Copyright and all other intellectual property rights subsisting in the Information is owned by us or our Data Providers, You may use the Information retrieved from the Site only for your own personal non-commercial use which means that you may not sell, resell, retransmit, use in the creation of an index linked or historical data product or otherwise make the Information retrieved from the Site available in any manner or on any media to any third party unless you have obtained our prior written consent.
User Name and Password

You are responsible for all use of the Site and the Information Services made using your User name and Password, whether or not the use is made by you or someone else using your User name and Password. You are responsible for protecting and securing your User name and Password from unauthorised use. By using the Site you also accept and are bound by our Security Policy.

If you believe there has been a breach of security of your User name and Password you must immediately notify Debutesq by email. al@debutesq.com
Your Information

Debutesq is registered under the Data Protection Act 1998. All personal information you supply to us will be treated in accordance with that Act. We will collect and use your personal information in order to operate, enhance and provide to you the Information Services you request.

We will not pass your personal information on to any other person except to our Service Providers, where it is necessary, to enable us to provide you with the Information you have requested from us or them.

You may edit your personal information held by us at any time and have your information deleted from our records if this agreement is terminated. You will update your information if it changes.

You agree that we may disclose to the FSA and to any other regulatory authority that is empowered to require such information by or under any legal enactment, any information they may request or require relating to you or our Information Services.
Availability of the Site

We reserve the right to change the content, presentation, performance, user facilities and availability of any part of the Site at our sole discretion.

Changes to the Site will come into effect immediately on posting. We do not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Site and the Information Services.

Transmission of information over the internet may be subject to arbitrary delays beyond our control which may delay the provision of the Information Services or access to the Site. You acknowledge and agree that we and our Service Providers shall not be liable to you or any third party for any costs, expenses or losses arising from such delays.
Non-UK Access

The Site has been issued and approved by us. Unless otherwise stated, the Site is chiefly directed at persons in the United Kingdom (this does not include the Channel Islands, the Isle of Man or the Overseas Territories of the United Kingdom) and may not be relied upon by any persons outside the United Kingdom.

Nothing included in the Site constitutes an offer or solicitation to sell investments and related services to anyone in any jurisdiction outside the United Kingdom in which such offer, solicitation or distribution would be unlawful.

Risk Warning

The Information Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Information Services and the Information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate expert independent advice should be obtained before making any such decision.

The value of investments and the income derived from them can go down as well as up, and you may not necessarily get back the amount you invested. Past performance of an investment is not necessarily a guide to its future performance. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed. Although carefully verified, data computations are not guaranteed by us or our Data Providers or affiliates and may not be complete. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated.

Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility.
Accuracy of Information

Neither we nor any of our Data Providers or affiliates make any warranties express or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Site, the Information or the Information Services and all such warranties are expressly excluded to the fullest extent permitted by law.

We, our Data Providers and affiliates, may or may not hold investments in the funds, management companies and/or brokerage firm securities referred to in the Information and Information Services.

You bear all risks from any use or results of using any Information and Information Services. You are responsible for validating the integrity of any Information received over the Internet.
Discussion with Experts

Users agree that by entering into discussion with experts, either registered as an expert or purely by being a forum member, neither those experts or Debutesq will be held accountable for any loss or damage arising from that discussion and that postings or discussions contain that persons opinion only.
Discussion Boards

You may place Information on the Site. We may only on occasion monitor, approve, endorse or exert editorial control over information posted by users on the Site and do not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information.

By placing Information on the Site you agree to abide by these Terms and our Discussion Board Terms and you shall not post:

any information or statement which is objectionable including, without limitation, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (including, without limit, financial services legislation);
any information or statement which is in breach of any person’s rights (including without limitation, copyright and confidentiality);
any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful to the integrity of the Site or other users; or
any information, statement or content posted on the Site which constitutes an advertisement or a financial promotion.
We reserve the right to remove any such information or statement from the Site without warning and to inform and give assistance to any investigative or regulatory body in respect of any content posted on the Site. We accept no responsibility for and give no warranties in connection with any information posted on the Site by users or expert contributors.

We recommend that you do not rely on such information or statements. Any information posted on the Site by our users have not been issued or approved by us under the FSA Rules or other applicable financial services legislation.

By allowing you to place Information on the Site or making available to other users any information, you hereby grant us a worldwide non-exclusive licence to use, copy, distribute, publish and transmit such information in any manner we wish (including, without limitation, archiving and making available such information or statement as part of the Information Services).

You irrevocably indemnify us and our Data Providers and affiliates and experts from and against any and all losses, damages and costs suffered or incurred by us, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information, the Site, the Information Services or any part thereof or otherwise howsoever arising in relation to any breach of these Terms by you.

As a potential provider of real-time streaming stock market data, we offer the means to acquire said data via its online tools and products. You are not permitted to utilise third party tools, applications or services that connect to, crawl, search, bot or stream from us. We reserve the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
Hypertext Links

We provide hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving the Site and we therefore take no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.

Due to the number of sources from which we obtain content and the nature of electronic distribution via the Internet neither we nor any of our Data Providers or affiliates or experts accept any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use the Site or any of the Information Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall we be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Site or the provision of the Information Services.

We make no warranty that the Site and the Information Services are free from infection by viruses or anything else that has contaminating or destructive properties.
Conflicts of Interest

Your attention is drawn to the fact that in respect of the Information Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to the investment or transaction concerned or could give rise to a conflict of interest (for example, we could be arranging transactions on behalf of or in the name of any company involved in the transaction or we may hold a position in the investment or a related investment) and you agree that we shall not be required to disclose it to you and that there will be no obligation to account to you for any profit provided we do not contravene the FSA Rules in relation to the transaction. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement when providing investment information.

These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer its rights and obligations under these Terms to:

a) an appropriate company which is from time to time a subsidiary or holding company of Debutesq (subsidiary and holding companies have the meaning ascribed to them by Sections 736 and 736A of the Companies Act 1985); or

b) any appropriate third party engaged in the provision of information services similar to those provided by us, on providing you with reasonable notice.
Complete Agreement

Where you use only the Information Services, these Terms together with the duly completed registration form and payment instructions (if any), the constitute whole agreement between you and us.

Due to our commitment to updating and improving the Site and the Information Services, we may from time to time make changes to these Terms and those payment rates which will be set out on the Site.

Any notice from us to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery.

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act.

This Agreement shall be construed in accordance with and governed by Scottish law and the parties shall submit to the exclusive jurisdiction of the Scottish courts.

If any provision in these Terms is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect.

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of these Terms.

Neither you nor we shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control.

These Terms replace all other terms and conditions previously applicable to the use of the Site and the Information Services.

A. M. O’Connor