IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THE EBS PLATFORM:
Your access to the EBS platform is governed by the terms and conditions between the EBS entity identified in the EBS Customer Agreement as providing the relevant EBS platform ("Us", "Our" or "We"), and the entity you (the "Authorised Employee", "You" or "Your") represent (the "Customer").
BY ACCESSING OR USING THE EBS PLATFORM OR CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE USER TERMS WHICH WILL LEGALLY BIND YOU. IF YOU DO NOT AGREE TO THESE USER TERMS, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE EBS PLATFORM AND YOU MUST DISCONTINUE ACCESS AND USE. YOUR COMPLIANCE WITH THESE USER TERMS IS A CONDITION OF YOUR CONTINUED ACCESS TO, AND USE OF, THE EBS PLATFORM.
You acknowledge and agree that you are acting as an authorised agent or employee of one of a Customer which has entered into a separate customer agreement with Us governing Your access to, and use of, the EBS platform and that, in addition to these User Terms, Your access to and use of the EBS platform shall be subject to and governed by the provisions of: (i) the EBS Customer Agreement; and (ii) any protocols, dealing rules, rulebooks or user guides relating to the EBS platform. You may only access and use the EBS platform for internal business purposes, in the normal and proper course of the Customer's business, in accordance with the provisions of the EBS Customer Agreement.
You warrant and represent that You have been granted authority and permission by the Customer to access and use the EBS platform on its behalf. You acknowledge that any instruction issued using: (i) the login details via the EBS platform; and/or (ii) Your email address shall be deemed to have been issued on behalf of the Customer and shall bind the Customer. If You cease to be authorised by the Customer to access and use the EBS platform on its behalf, Your right to access and use the EBS platform will terminate with immediate effect.
You are responsible for preserving the confidentiality of Your login details. You must keep Your login details safe and secure at all times and not enable, directly or indirectly, Your login details to be used by anyone else under any circumstances. If You know or have reasonable grounds to suspect that any person not authorised to access the EBS platform has obtained unauthorised access to the EBS platform, You must promptly notify Us.
You acknowledge and agree that the EBS platform and any data, analytics, research or other information contained in, displayed on, generated by or derived from the EBS platform ("Information") are provided on an 'as is' basis without any warranty, express or implied, of any kind by Us, any of Our affiliates or any third party, including without limitation about the availability, condition, merchantability, satisfactory quality or fitness for any purpose of the EBS platform, the timeliness, accuracy, completeness or adequacy of any Information or the results to be attained by the Customer or anyone else from access to or use of the EBS platform and Information. We do not make any representations or warranties, express or implied, that the EBS platform and Information will meet Your requirements, that the operation of the EBS platform and provision of Information will be uninterrupted or error free, that the EBS platform and Information will be available during any specified business hours (whether advertised or not), or that it will operate in conjunction with other software.
You acknowledge and agree that (subject to the “View Only” terms below): (i) You and Your counterparty to each transaction alone are responsible for identifying and entering into relevant legal agreements, setting any relevant credit limits and arranging settlement of any transaction and We shall not be responsible in any way for any failure to do so; (ii) the EBS platform is one of a number of alternative information sources available to You in respect of transactions and is not intended to be used as the sole basis for investment or business decisions; (iii) Your entry into any transaction will be entered into solely on the exercise of Your own commercial judgment; and (iv) the Information may include data licensed from third parties, including without limitation the Customer's counterparties to transactions and data provided by the Customer's authorised users, relating to the transactions, and, accordingly, You shall be responsible for checking all details relating to any transactions and maintaining back-ups of any information relating to the transactions.
If you have been granted “View Only” access, such access is subject to the following terms and conditions: We hereby grant You a non-exclusive, non-transferable, revocable, limited license to view only, as displayed from time to time, the electronic trading system and view certain market information (collectively, the “Information”) solely for Your use, on the terms and subject to the conditions set forth herein. Use of the electronic trading system and the Information in order to enter into transactions is prohibited. You shall not store, reproduce, retransmit, manipulate, reformat, edit, alter, combine or otherwise change in any manner the content, format or presentation of the Information, nor is it permitted that You retransmit, distribute, sell or otherwise make available to any third party any of the Information (or any portion thereof) in any form, whether alone or in combination with other information or analysis. At any time We shall have the right to take such action as We reasonably deems necessary, including the termination of Your access to the Information, promptly after receipt of evidence that You have engaged in any unauthorized use, reproduction, modification, distribution, or disclosure of any information regarding the Information. You shall comply with all applicable laws, regulations, rules and guidelines in its receipt and use of the Information.
We reserve the right to change these User Terms from time to time. Any such changes will be displayed on the EBS platform. Your continued use of the EBS platform following such changes will be deemed to be Your acceptance of such amended User Terms. If You do not accept any such changes You should stop using the EBS platform.