Liv-ex
Website Terms of Use

1 About our Terms

1.1 These terms and conditions (“Terms”) explain how you may use this website (“Site”). These Terms apply between us, Liv-ex Limited (“we”, “us” or “our”), company registration number 3874907 with VAT registration number GB 751 8508 21 and whose registered office is at Unit 105/106, Metal Box Factory, 30 Great Guildford St, London, SE1 0HS and you (“you” or “your”), the person accessing or using (i) the Site and (ii) any text, images, video, audio, other multimedia content, software or other information or material submitted to or available on the Site (“Content”).

1.2 These Terms do not apply to a) the terms of a membership with Liv-ex; b) information, research and data services provided by Liv-ex; c) our internet and phone-based trading and settlement platform; or d) any storage and transport services provided by us. The terms for all such services are set out in our Membership Terms (which are available on the Site).

1.3 Certain parts of the Site and certain functionality and content is provided to users free of charge for information purposes only and these Terms apply to any functionality or Content which is provided free of charge. If you are a user who is accessing the Site on behalf of their employer or principal who is our Member, then these Terms will apply in addition to the Membership Terms. In the event of any inconsistency between these Terms and the Membership Terms, the Membership Terms will prevail.

1.4 You should read these Terms carefully before using the Site.

1.5 Please note that we do not provide services to consumers, all of our services are provided to members who are acting in the course of business or as part of the operation of their trade or profession. The Liv-ex exchange is an unregulated business-to-business exchange and our members, as well as any counterparties or customers of our members are not protected by a specific regulatory framework.

1.6 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

1.7 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

2 Using the Site

2.1 Use of the Site is for general information purposes only.

2.2 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.

3 Registration

3.1 Use of the Site may require registration to access certain sections of the Site.

3.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

3.3 Any personal information provided to us as part of the registration process will be processed in accordance with our Privacy Policy.

4 Infringing Content

4.1 We will use reasonable efforts to:

4.1.1 delete registrations which are being used in an inappropriate manner or in breach of these Terms;

4.1.2 identify and remove any Content that is inappropriate, defamatory or infringing on intellectual property rights or otherwise in breach of our acceptable use terms as set out in clause 11;
when we are notified but we cannot be responsible if you have failed to provide us with the relevant information.

4.2 If you believe that any Content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately.

5 Your privacy and personal information

5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

6 Ownership, use and intellectual property rights

6.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

6.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

7 Accuracy of information and availability of the Site

7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

7.2 Any data or information provided by us has been collected and provided on the basis of the best information, data and materials available to us, but we do not guarantee that the data or information is 100% accurate and complete. Any conclusions, opinions or judgements made should not be regarded as definitive or relied upon to the exclusion of other information, opinions and judgements. Reasonable efforts will be made to ensure that the information and data provided is accurate and up-to-date but we cannot guarantee that the information and data will be error-free.

7.3 The Site is provided by us on an “as is” and “as available” basis. You acknowledge and accept that any Content is created through subjective analysis of available data which may be open to other interpretations, and as such does not constitute a precise scientific determination. It is not and should not be relied on as being investment advice. To the extent permitted by applicable law, we are not liable to you or to any third party for any inaccuracies, errors or omissions contained in the information or Content provided, nor for any loss or damage, whether direct, indirect or consequential, suffered by you or by any third party in respect of any reliance you or a third party place on the Content; and to the extent permitted by law we expressly exclude all warranties, conditions and representations, express or implied, in this regard.

7.4 We may change or vary the Content at any time without notice.

7.5 We may suspend or terminate access to or operation of the Site at any time as we see fit.

7.6 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

8 Hyperlinks and third party sites

8.1 Where we provide hypertext links to other websites or contacts, we do so for information purposes only and such links do not constitute an endorsement or recommendation by us of any products or services in such sites. You use such links entirely at your own risk and we accept no responsibility for the content or use of such websites or for the information contained on such sites (including any website through which you may have gained access to the Site).

9 Limitation on our liability

9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

9.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; and/ or
(b) that were not caused by any breach on our part;

9.1.2 business losses; and

9.1.3 indirect or consequential losses.

9.2 Subject to clause 9.1 our liability to users who have not subscribed for a paid membership will be limited to the sum of £10.

10 Events beyond our control

10.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

11 Acceptable use, web scraping etc.

11.1 You agree not to:

11.1.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);

11.1.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

11.2 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

11.3 No entity, organisation or user, whether or not such entity, organisation or user has any form of registration, membership or licence from us is permitted to engage in any form of web-scraping, data harvesting, data-scraping or any other similar activity which is intended or has the effect of collecting data on a large scale for the purposes of collection, storage, analysis or use. In particular data may not be used whether directly or indirectly for the purposes of training, developing or enhancing any artificial intelligence, machine learning tool or model or algorithm.

11.4 You do not have any right to sub-license, copy, download, store, distribute, sell or otherwise make any Content, information or data available via the Site to third parties (save as otherwise expressly set out above) without our prior written permission except such usage as is permitted by applicable copyright law

11.5 You may not create a link to the Site, nor frame it without our written permission.

11.6 You are responsible for providing suitable internet access, computers, mobile devices and telephones to access and use the Site and for any telecommunications costs you incur in connection with your use. Please note that the quality of your computers or mobile devices and the quality of your connection will affect your use of the Site.

11.7 You should also check that your computers have suitable protection, such as virus protection. We are not responsible for any computer virus or bug that affects your computers, mobile devices or data as a result of your use of the Site or the downloading of any materials from the Site.

11.8 You agree to use the Site for lawful purposes only and in a manner which is consistent with any and all applicable laws and regulations in the country in which you are established or access the Site. Your use of the Site must not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. You agree not to import or transfer to the Site either directly or indirectly any information or other content which is or may be:

11.8.1 inaccurate, misleading, defamatory, obscene, abusive or offensive;

11.8.2 in breach of any intellectual property right, privacy, publicity or any other rights of any third party; or

11.8.3 damaging to the software or performance of the Site.

11.9 You must not use the Site to send unsolicited or unauthorised advertising such as “junk mail” or “spam”.

11.10 You must not engage in any other conduct which, in our sole discretion, is considered inappropriate, unauthorised or objectionable.

11.11 You agree to indemnify us and keep us indemnified in relation to any costs, claims, liabilities, damages or expenses we suffer or incur which arise from your breach of these Terms.

12 Rights of third parties

12.1 No one other than a party to these Terms has any right to enforce any of these Terms.

13 Variation

13.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

14 Disputes

14.1 We will try to resolve any disputes with you quickly and efficiently.

14.2 If you are unhappy with us, please contact us as soon as possible.

14.3 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.

14.4 The laws of England and Wales will apply to these Terms.