WEBSITE TERMS AND CONDITIONS
If you do accept these Terms and you wish to use the Content (as defined below) provided on the website for incorporation into commercial products which you intend to market, sell or otherwise provide to third parties, the London Gold Market Fixing Limited will require you to enter into a formal licence agreement with it which will contain the terms upon which you will be permitted to use and access the data provided by the London Gold Market Fixing Limited on this website.
This website located at http://www.goldfixing.com (the “Website”) and all information and materials contained on it (including, without limitation, any and all economic analysis, forecasts, data, product descriptions, text, information, software, charts and images) (together the “Content”) are subject to the Terms set out below. By proceeding to other parts of this Website, you will be deemed to have read and accepted the Terms governing use of this Website.
This Website is controlled by The London Gold Market Fixing Limited (“TLGMFL”), a private company limited by guarantee whose registered office address is c/o Hackwood Secretaries Limited, One Silk Street, London EC2Y 8HQ, and whose registered company number is 02891916. Details of TLGMFL’s members and contact details are given on the Members page.2. Nothing on this Website and its Content constitutes a solicitation, offer or invitation, opinion, or recommendation to buy or sell any security or other financial or physical instrument, or to provide legal, tax, accounting, investment or other advice or services including regarding the profitability or suitability of any security, instrument or investment.
This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this website is prohibited. Persons in respect of whom such prohibitions apply must not proceed further to access this Website. By agreeing to these Terms, you agree that you are responsible for ensuring that you access and use the Website in compliance with applicable laws and regulations and you further agree not to use the website for any illegal purpose or in any manner inconsistent with the Terms.
1. USE OF WEBSITE DATA
1.1 Your access and use of this Website and its Content is at your own risk and you accept that in accepting these Terms, TLGMFL have not made, and you are not relying upon, any statements, representations, promises or undertakings that are not contained in these Terms.
1.2 You agree to use the Content and the Website exclusively for your own internal business purposes and within the limits specified by these Terms You may download and print data from this Website on condition that you do not:
(a) use or copy the Content or the Website (in whole or in part) other than for your own use;
(b) display, reproduce, create derivative work from or modify the Content (in whole or in part) for incorporation into commercial products which you intend to exploit, market, sell or otherwise provide to any third party without having first obtained a licence from TLGMFL and having paid TLGMFL the licence fee specified by TLGMFL; and
(c) Reverse engineer, disassemble or decompile the Website or any of its Content (except to the extent permitted by applicable laws and regulations).
1.3 Any request for permission pursuant to Clause 1.2(b) above should be sent by email to the contact specified on the “What is Gold Fixing?” section of the website. Copies must not alter the original content and must reproduce TLGMFL copyright notices.
1.4 TLGMFL reserves the right, in its absolute discretion, to add to, modify, suspend, restrict or withdraw any of the Content or feature of the Website, in each case for any reason, at any time and without notice nor liability to you.
2. INTELLECTUAL PROPERTY
2.1 TLGMFL is the registered proprietor of the following trade marks within the United Kingdom:
THE LONDON GOLD MARKET FIXING;
THE LONDON GOLD AM FIXING; and
THE LONDON GOLD PM FIXING.
2.2 The Website and its Content are protected by intellectual property rights under applicable laws and regulations (including, without limitation, international legislation).
2.3 The Website may incorporate third party data, text, information, images, software and other Content forming part of the Website (“Third Party Content”) and you are required to read and abide by any additional terms and conditions which we may from time to time post on the Website with regard to Third Party Content obtained by TLGMFL from any third party.
2.4 Nothing in these Terms transfers or grants you any title, right or interest in the Website, its Contents, or the above named trade marks or any other intellectual property rights owned by TLGMFL. The trade marks, the Website, its Contents are the sole property of TLGMFL and you acknowledge that TLGMFL retains all rights, title and interest in and to the Content (excluding any Third Party Content) and the Website.
3. NO REPRESENTATION OR WARRANTY
3.1 The information and materials provided on this website are provided on an “as is” basis at your sole risk and TLGMFL does not make any warranties of any kind (whether express or implied) as to the Website or its Content (including Third Party Content) [or any service provided pursuant to the Website)], including (without limitation) any representation or warranty as to (a) the accuracy, completeness, correctness, quality, reliability or timeliness of the Content; (b) the continuity, availability and uninterruptability of the Website or any service provided through it; (c) the security features of the Website, its integrity or the absence from the Website (or the servers from which it is made available) of viruses, software bombs or similar items or processes or other harmful components; (d) any Third Party Content accessible on or via the Website; (e) fitness for a particular purpose of the Website or its Content.
3.2 Neither TLGMFL nor any of its members [MAY WANT TO DEFINE “MEMBERS” – TBC] is under any obligation nor has any responsibility to maintain or update the Website or its Content.
3.3 Although the Content is based upon information that TLGMFL endeavours to keep current and accurate, TLGMFL has not verified such information.
3.4 The Website may provide links to certain internet sites sponsored and maintained by third parties (“Third Party Sites”) which are not controlled by TLGMFL. TLGMFL provides such links solely as a convenience to you and accordingly, makes no representation or warranty regarding the content of such Third Party Sites or their respective owners or sponsors.
4. NO ADVICE OR RECOMMENDATION
4.1 The Website only provide general information and does not provide any information personalised or tailored to your investment objectives, financial situations or needs. Opinions published on or via the Website are provided by TLGMFL for information purposes only.
4.2 You acknowledge and agree that the Content (a) may not give an accurate reflection of current market conditions; (b) does not constitute an endorsement, recommendation or encouragement by TLGMFL or its [M]embers to you to enter into or invest in any physical form of precious metal, financial product or instrument. You should not rely on any of the Content without obtaining relevant and specific professional advice.
4.3 links provided via the Website and its Content to Third Party Sites do not constitute or imply their endorsement or recommendation in any way by the TLGMFL, its [M]embers, or their respective officers or employees.
5. VARIATION OF THESE TERMS
TLGMFL may update, vary or amend these Terms at any time without your prior consent or the consent of any other person. Any such update, variation or amendment will become effective upon your continued access to and use of the Website, which we shall deem to constitute express acceptance on your part of any such update, variation or amendment of the Terms.
6.1 You undertake that you will not use the Website and its Content in contravention of these Terms and neither TLGMFL or its members shall be liable for any unauthorised use of the Website.
6.2 Neither TLGMFL, its Members shall be liable for (a) any Content displayed on the Website; (b) the use of such Content by you; (c) any losses, damages, costs or expenses (whether arising out of negligence, breach of contract, misrepresentation or otherwise and whether direct or indirect) incurred or suffered by you through your access to and/or use of the Website and its Content; (d) any suspension or interruption of access to and use of the Website or discontinuance of the Website; and (e) any Third party Site.
6.2 Neither TLGMFL, its Members nor their respective employees and officers shall be liable for any losses, damages, costs or expenses incurred or suffered by you or any other party arising directly or indirectly out of or in connection with: (a) the access to or use of this Website; (b) any Content displayed on the Website; (c) the unavailability, delay or failure of the Website; (d) any linking to a Third party Site; or (e) the reliance on any Content displayed on the Website, in each case whether through negligence, tort, breach of contract or otherwise and howsoever arising. In no circumstances shall TLGMFL, its members or their respective employees and officers have any liability for any form of indirect, special or consequential loss or damage, loss of profits, loss of reputation, loss of opportunity or goodwill whether arising from negligence, breach of contract, tort, breach of statutory duty or otherwise.
6.4 Nothing in these Terms limits or excludes any liability of TLGMFL for any fraudulent mis-statement, death or personal injury resulting from negligence, or any other liability the limitation or restriction of which is prohibited by law.
TLGMFL does not collect your personal information unless you enter into a licence agreement with TLGMFL, in which case your personal information will be held by TLGMFL only for the purposes of enabling the performance of this Agreement.
If any provision of these Terms is or become (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any relevant jurisdiction, the validity, legality and enforceability of any other provision in that or any other relevant jurisdiction shall not be affected or impaired in any way thereby. No failure or delay on the part of TLGMFL or on your part in exercising any right, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
9. GOVERNING LAW AND JURISDICTION
9.1 These terms, any dispute relating to the interpretation or the execution of these Terms and any non-contractual obligations arising out of or in relation with these Terms shall be governed by and construed in accordance with English law.
9.2 Each of TLGMFL and you irrevocably agree that the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual claims arising out of or in connection with these Terms).
If you agree to the above Terms please click the ‘accept’ button below. By clicking this button you understand that these Terms form a legally binding agreement between you and us.