Web Site User Agreement, Disclosures and Certain Legal Notices
NoahTrader and NoahTrader make available information, materials, products and services on this Web site subject to the following terms and conditions, and the terms and conditions of all applicable account, subscription and other agreements, disclaimers and legal notices that appear or may appear from time to time on this Web site and/or must be agreed to by you in the subscription process in order to use the applicable information, materials, products or services. By accessing this site, you agree to the terms and conditions as outlined below, in addition to those contained in those other agreements, disclaimers and legal notices, when applicable. NoahTrader reserves the right to change these terms and conditions from time to time at its sole discretion.
The prices, fees, costs and other terms of all products and services offered on this Web site are subject to change at any time and from time to time as determined by NoahTrader.
This site is presented solely for informational purposes and to provide access to certain electronic products or services with which you will directly interface. No offer or solicitation to buy or sell securities or securities derivative products of any kind, or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by any NoahTrader affiliate. NoahTrader accepts orders only on an unsolicited basis, and does not make any recommendations regarding any security or securities product. You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks; quote delays; system and software errors; data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you place a trade, resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. Solely you assume those risks.
THIS SITE IS FOR PERSONS IN THE SOUTH AFRICA ONLY. NOTHING ON THIS WEB SITE IS AN OFFER OR SOLICITATION OF SECURITIES OR INVESTMENT PRODUCTS OR SERVICES IN ANY JURISDICTION WHERE THEIR OFFER OR SALE OR PERFORMANCE IS NOT QUALIFIED OR EXEMPT FROM REGISTRATION. THE ACCEPTANCE OF ALL BROKERAGE CLIENTS IS AT THE COMPLETE DISCRETION OF NOAHTRADER AND ITS AFFILIATED BROKERAGES IF ANY.
Any testimonials or case studies on this site may not be representative of the experience of other clients and are not indicative of future performance or success.
Third-Party Materials And Web Site Links
The NoahTrader Web site contains or may contain references and links to other companies and/or their Web sites (including Web sites owned and operated by NoahTrader affiliates), none of which is under the control of NoahTrader, even if such other company is an affiliate of NoahTrader. NoahTrader makes no representations, warranties or endorsements whatever about any other Web sites to which you may have access through the NoahTrader Web site (whether or not the other Web site belongs to an affiliate of NoahTrader), or any products or services of those other companies (whether or not they are affiliates of NoahTrader), even if the products or services of those other companies or their Web sites are described or offered on the NoahTrader Web site or integrated with NoahTrader's products or services.
Disclaimers: No Warranties of any Kind are Being Made or Given
Except as expressly provided otherwise in an agreement between you and NoahTrader, all products, services, information, software and system performance offered or provided in this site are offered and/or provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.
You use this site and all NoahTrader (and affiliated) products and services at your own risk. In no event shall NoahTrader be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability. This site, as well as NoahTrader's order execution systems and services, could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on this site without advance notice of any kind. NoahTrader may also make (or accept from the applicable vendors or providers) improvements and/or changes in the products, services and programs described in this site at any time without advance notice of any kind.
All information received through this Web site, other than personal information required to open your account or subscription, modify your account or subscription, or related to your transactions, shall be deemed NON-personal. Any NON-personal information or material sent to NoahTrader will be deemed to be NOT confidential or proprietary. Please note that NoahTrader does not want to receive any such NON-personal information or material from you through this site. By sending NoahTrader any NON-personal information or material, you grant NoahTrader an unrestricted, irrevocable, perpetual, royalty-free license to use, reproduce, display, perform, modify, transmit, distribute and otherwise exploit such information and materials, and you also agree that NoahTrader is free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind.
Export Control Laws; Restricted Rights Legend
Software available on the NoahTrader site may be subject to South African export controls. No software from this site may be downloaded or otherwise exported or re-exported
All NoahTrader products and publications are commercial in nature. The software and documentation available on this site are “Commercial Items,” as that term is defined, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are licensed to South African end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law And Jurisdiction
This Web site is controlled by NoahTrader from its offices within South Africa. By accessing this site, you and NoahTrader agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of South Africa, without regard to the conflicts of laws principles thereof. Unless you are a brokerage client seeking to address a matter relating to your brokerage services, in which case the arbitration and venue provisions (as to Futures if so elected) of your brokerage account agreement(s) will apply, you and NoahTrader also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Cape Town, South Africa, with respect to all such matters.
NoahTrader makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Copyright; Limited License
The information on this site is protected by copyright:
Copyright © NoahTrader(Pty)Ltd. 2011. All rights reserved.
Except as specifically permitted herein, no portion of the information on this site may be reproduced in any form or by any means without prior written permission from NoahTrader.
Use of Software. The software, data and accompanying documentation that are made available to download from this site are the copyrighted work of NoahTrader or its licensors. Use of the software and data is governed by the terms of the applicable license or other agreement(s).
Use of Web Site Information.
Except as otherwise indicated elsewhere on this site, you may not copy, print or distribute documents, images or other media (collectively, “media”) available on this site. To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions:
- 1. The media may be used solely in the manner and for the purposes expressed or implied through information on the site or as otherwise agreed to in writing with NoahTrader;
- 2. The media may not be modified or altered in any way, except as authorized in writing by NoahTrader;
- 3. Any copy of the media or any portion thereof must include the copyright notice above; and
- 4. NoahTrader reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from NoahTrader.
In no event shall you be permitted to copy, print or distribute the design or layout of this site. Elements of this site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos and service marks (“Marks”) displayed on this site are (i) owned by NoahTrader, or (ii) used by NoahTrader under licenses from their respective owners, or (iii) are the property of other third parties. You are not permitted to use the Marks without the prior written consent of NoahTrader or the applicable third parties.
NoahTrader® and Tradescript® are registered trademarks of NoahTrader (Pty)Ltd<a name="_GoBack" id="_GoBack"></a>., an affiliate of NoahTrader, the use of which has been licensed to NoahTrader.