The Global Financial Services Compliance Portal
INMARKETS COURSE ORDER FORM
This is an agreement ("Agreement") between you and Inmarkets
Limited and its affiliates ("Inmarkets"). This Agreement governs
your use of the Inmarkets Courses specified below ("ICs").
YOUR USE OF THE ICs CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO
BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU"
OR "YOUR" SHALL REFER TO SUCH ENTITY AND ALL EMPLOYEES AND AGENTS
OF THE ENTITY AS WELL. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU
DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU
MUST CEASE TO USE THE ICs IMMEDIATELY AND SPEAK TO YOUR INMARKETS
REPRESENTATIVE.
Inmarkets reserves the right to change the terms of this Agreement
by posting new or amended terms on the same website on which the
ICs are installed. Your continued use of the ICs shall constitute
your acceptance of the changes to this Agreement.
1. License and Restrictions
1.1 Inmarkets hereby grants you the number of subscriptions to the
ICs specified below.
1.2 Each subscription gives one individual the non-exclusive,
non-transferable right to access one IC for a period of one
calendar year from the date of purchase, subject to the terms and
conditions of this Agreement.
1.3 Each subscription starts on the date that an individual first
accesses the IC. Thereafter, the unfinished portion of the
subscription may not be transferred to another individual even if
the other individual is employed or affiliated with the same
entity.
1.4 You may NOT sublicense, resell, transfer your subscription,
distribute or otherwise commercially exploit or make available to
any third party the ICs in any way other than your personal use for
educational purpose, or reverse engineer or access the ICs in order
to (i) build a competitive product or
service, (ii) copy ideas, features, source code, functions graphics
or animations of the ICs, or (iii) build a product using ideas,
source code, features, functions, graphics or animations of the
ICs.
2. Intellectual Property Ownership
2.1 The licence granted to you in clause 1.1 does not convey to you
any rights of ownership in or related to the ICs or other
intellectual property rights owned by Inmarkets. Inmarkets alone
shall own all rights, title and interest, including all related
intellectual property rights, in and to the ICs and any
modifications, derivative works, suggestions, ideas, enhancement
requests, feedback, recommendations or other information provided
by you or any other party to Inmarkets relating to the ICs.
2.2 The Inmarket name, logo, and the product names associated with
the ICs are trademarks of Inmarkets and its affiliates, and no
right or license is granted to use them except for the purpose of
viewing the ICs.
3. Termination for Cause
3.1
Any breach of this Agreement or unauthorised use of the ICs will be
deemed a material breach of this Agreement. Inmarkets, in its sole
discretion, may terminate your use of the ICs if you breach or
otherwise fail to comply with this Agreement.
3.2 Upon termination of this Agreement you must immediately cease
use of the ICs and may request the return of your tracking data
from Inmarkets.
4. Disclaimer of Warranties
4.1
The ICs are provided to you strictly on an "as is" basis.
Reasonable endeavours will be made to ensure that the ICs are
delivered in a safe manner, without harmful components. However the
entire risk as to satisfactory quality, performance, accuracy, and
effort is your responsibility. To the maximum extent permitted by
applicable law, Inmarkets makes no representations, warranties or
conditions, whether express, implied, statutory or otherwise,
including without limitation warranties or conditions of
merchantability, fitness for a particular purpose, no encumbrances,
no liens and non-infringement of third party rights.
4.2 Inmarkets makes no representation, warranty, or guarantee as to
the reliability, timeliness, quality, suitability, availability,
accuracy or completeness of the ICs. Inmarkets does not represent
or warrant that (i) the use of the ICs will be secure, timely, or
uninterrupted, (ii) the content in the ICs will be
error-free, (iii) the ICs will operate in combination with all
hardware, software, system or data, (iv) the ICs will meet your
requirements or expectations, (iv) errors or defects will be
corrected, or (v) the ICs are free of harmful components.
4.3 There are no warranties that extend beyond the face of this
agreement.
5. Data Protection
5.1
Inmarkets will hold your user details and the ICs tracking data and
transfer it only in accordance with the applicable EU data
protection laws and Inmarket' data protection registration. Your
data will not be used for any direct marketing purposes. Inmarkets
will not disclose your data to any other party without your
permission.
5.2 You consent to the transmission of your user details and the
ICs tracking data to Inmarkets' web servers located in the US, and
to the use of this data to generate aggregate statistics across
groups of users of the ICs and to analyse the effectiveness of the
ICs themselves.
6. Limitation of Liability
6.1 Inmarkets' total
aggregate liability under this Agreement in relation to anything
which Inmarkets or you have done or not done, in connection with
this Agreement (and whether the liability arises because of breach
of contract, negligence, or for any other reason), shall be limited
to 125% of the value of this order.
6.2 Under no circumstances will Inmarkets be liable for lost
profits, data, business, revenue, goodwill or anticipated savings,
or any indirect, incidental, special, punitive, exemplary or
consequential damages of any kind, howsoever caused.
7. Payment
7.1 The amounts specified
in this agreement do not include VAT or other sales tax (unless
expressly stated otherwise) and to the extent that these are
applicable you will pay these as well as the amounts
concerned.
7.2 Inmarkets, or its designated agents, may invoice you as soon as
payment is due. Invoices are payable within 14 days. Interest at 1%
above the base rate of Barclays Bank will apply to overdue
payments.
8. General Provisions
8.1
This Agreement constitutes the entire agreement and understanding
between you and Inmarkets and supersedes all prior or
contemporaneous negotiations, agreements, arrangements and
understandings, whether written or oral, between you and Inmarkets
regarding the subject matter contained herein.
8.2 All rights not expressly granted to you in this Agreement are
reserved by Inmarkets.
8.3 To the extent that any provision of this Agreement is found by
any court or competent authority to be invalid, unlawful or
unenforceable in any jurisdiction, that provision shall be deemed
not to be a part of this Agreement, it shall not affect the
enforceability of the remainder of this Agreement nor shall it
affect the validity, lawfulness or enforceability of that provision
in any other jurisdiction.
8.4 This Agreement shall be governed by and construed in accordance
with English law. Each of the parties irrevocably submits for all
purposes in connection with this Agreement to the exclusive
jurisdiction of the English courts.
Signed: ___________________________________________
Name: ____________________________________________
Date: _____________________________________________
Company: _________________________________________
Position: __________________________________________
Inmarkets Course Subscriptions Cost (£)
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Total Invoice Amount: _________
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