Acceptable Use Policy

This acceptable use policy sets out the content standards that apply when you upload content to our Website, make contact with other users on our Website, link to our Website, or interact with our Website in any other way.

www.trayport.com is a website operated by Trayport. Trayport is made up of different legal entities, details of which can be found in our Legal Notice. This Acceptable Use Policy is issued on behalf of the Trayport group so when we mention “Trayport”, “we”, “us” or “our” in this Acceptable Use Policy, we are referring to the relevant company in the Trayport group.

Trayport Limited is responsible for this Acceptable Use Policy. Trayport Limited is a limited company registered in England and Wales under company number 02769279 and have our registered office at 7th Floor 9 Appold Street, London, EC2A 2AP. Our VAT number is GB274666173. To contact us, please email commercial.legal@trayport.com.

By using (e.g. accessing, browsing, or registering to use) our Website, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our Website. We recommend that you print a copy of these terms for future reference.

Our Website Terms of Use & Disclaimer also apply to your use of our Website.

We amend these terms from time to time. Every time you wish to use our Website, please check these terms, last updated on the date set forth at the beginning of this terms (Last Update), to ensure you understand the terms that apply at that time.

You may not use our Website:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To upload terrorist content.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our Website Terms of Use & Disclaimer.
• Not to use more than one user account. Not to establish a new user account once your right to use your original user account has been permanently withdrawn.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Website;
  • any equipment or network on which our Website is stored;
  • any software used in the provision of our Website; or

any equipment or network or software owned or used by any third party.

We may from time to time provide interactive services on our Website, including, without limitation our Website blog, bulletin board and chat rooms (interactive services) for user account holders to discuss technical chart analysis, code development, current markets and/or our products and services.

You acknowledge and agree that we may decide at our sole discretion whether or not users may join our interactive services, there is absolute “no right” to send, receive or delete postings, contributions, analyses, threads or any other content.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Usually, we do not participate in any discussion and/or answer any questions.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.

These content standards apply to any and all material which you contribute to our Website (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Trayport will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Be suitable for the actual topic of the Website blog, bulletin board or chat room.
• Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be sent to another user of the Website blog, bulletin board or chat rooms without his/her express consent.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from Trayport, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other Websites.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the Website Terms of Use & Disclaimer upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use your account and/or our Website.
• Immediate, temporary or permanent withdrawal of your right to use content or functionality of our Website.
• Immediate, temporary or permanent removal of more than one user account per user.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Please contact us at commercial.legal@trayport.com if:

• you do not agree with the action taken by us because of your breach of this acceptable use policy;
• you think another user breaches this acceptable use policy, some users may also be able to click “Report Abuse”;

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by and construed in accordance with the law of England and Wales.

We both agree to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms, their subject matter or formation.