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TERMS OF USE

The following Terms of Use is a legal contract between an individual user and OTC Europe UAB regarding the use of your website and services. Please update these guidelines according to your specific policies.

OTC EUROPE UAB

USER AGREEMENT

TERMS AND CONDITIONS

 

PLEASE READ THIS DOCUMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION CONCERNING THE LEGALLY BINDING TERMS AND CONDITIONS APPLICABLE TO YOU. IF YOU DO NOT AGREE WITH ANY PROVISIONS OF THIS DOCUMENT, PLEASE IMMEDIATELY LEAVE THIS SITE.

 

This website (the Site) is the property of OTC Europe UAB, a Lithuanian limited company registered at Laisves Pr.60, Vilnius, Lithuania. By accessing and/or using the Site, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”).

 

Any reference made on this web site to “OTC Europe,” “Company,”, “we”, “us” or like terms refers to OTC Europe UAB and, where the context so admits, includes OTC Europe UAB affiliates;

 

Terms and Conditions, together with the content and use of the Site, are governed by and construed in accordance with English law. Any dispute, controversy or claim arising out of or in connection with this agreement or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

 

We do not give any representation or warranty, express or implied, in relation to the accuracy or completeness of the said information. In addition, although real time information is obtained from what is believed to be a reliable source, we cannot guarantee its accuracy. Information may be changed at any time without any prior notice being required. All users should take independent professional advice if they require information in relation to any matter addressed on the Site.

 

Except as expressly set out in Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to the Site and/or the information contained herein are hereby excluded to the fullest extent permitted by law. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

Due to the fact that we cannot guarantee that the Site will be fault free or that the information contained on the Site will be correct, we do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Site or the information contained therein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in use of this Site).

 

We reserve the right to amend or change the terms on which you may access the Site. In accessing the Site, you agree to comply with all applicable laws in force in the place from where you are accessing the Site.

 

All content and designs included in the Site (including, but not limited to, text, graphics, logos, button icons, images, and software) are protected by copyright, trademark or other intellectual property rights and is the property of OTC Europe or is licensed to OTC Europe by third party providers. All uses of the Site except those stipulated in Terms and Conditions are prohibited including, without limitation, distributing, reproducing, modifying or copying, or using for any commercial purposes, any of the materials or contents of the Site.

8. We encourage you to review our Privacy Policy, aimed at explaining in clear words what personal information from our customers we save, what we do with it, and how you can see and even remove all of your personal information from our systems. By using the Site and/or contacting us in any way, you consent to our Privacy Policy.

 

If we consider it necessary for our own protection or that of our contractual partners, we may at any time, on a case by case basis and as we see fit, decide, without giving prior notice or giving reasons, to limit or cancel your right to access the Site. We will inform you if we have taken such a decision. We will not be liable for any loss suffered by you as a result of us exercising our rights under this or any other clause of Terms and Conditions.

 

You will not use, or allow the use of, the Site and any products or services obtained through the use of the Site in contravention of any laws, regulations or rules to which you are subject, including, but not limited to, any anti-money laundering and “know your client” laws, regulations and rules. We expressly disclaim any liability relating to such use of the Site and the products or services obtained through the use of the Site.

 

You will not use, or allow the use of, the Site in any way which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful.

 

You will not introduce a software virus or other disruptive program or do any act which would cause the Site to become unavailable for use by others.

 

You will not solicit or encourage other internet websites to frame or hypertext link directly to the Site without our prior written consent.

 

You will not use, or allow the use of, the Site and any products obtained through the use of the Site in any way which is not authorized by us or in breach of the Terms and Conditions.

 

We regularly publish on the Site updates of the products, service and features available to clients as well as information, declarations and warnings related to our services. You undertake to regularly review this information, declarations and warnings and to inform us immediately of any disagreement with such information.

 

You consent to communications being made via electronic media. If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. Communications sent through the Site or by electronic media shall be treated as satisfying any legal requirement that a communication should be signed and in writing, to the extent permitted by applicable law.

 

Neither we nor any entity associated with OTC Europe shall be liable for any loss or damage suffered by you arising from any act or omission in the course of using the Site or any products or services obtained through the use of the Site or otherwise arising from the activities to which Terms and Conditions apply.

Neither we nor any entity associated with OTC Europe shall be liable for any loss arising from any act or omission of any attorney, agent or third party who performs services for you.

We cannot and do not accept responsibility for losses you suffer as a result of our or any entity associated with OTC Europe failing to comply with Terms and Conditions as a result of circumstances outside our or their reasonable control.

Neither OTC Europe, its directors, officers, employees, agents or members, nor third party information providers, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be they direct or indirect, incurred as a result of accessing the Site or using the information and services available on the Site, or as a result of the inability to access or use any information or services available on the Site.

 

YOU EXPRESSLY AGREE THAT IN NO EVENT WILL OTC Europe, its directors, officers, employees, agents or members BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services, interruption of power supply, failure of electronic equipment), any delay in the transmission of information, incompatibility between the Site and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the willful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.

 

Under no circumstances shall we be liable for indirect, accumulated or subsequent damages, nor shall we have any liability whatsoever for damages caused by your failure to mitigate any damages, in particular by failing to take immediate measures to prevent potential damages or reduce existing damages known or foreseeable or that would have been known or foreseeable had you exercised due care and diligence.

 

You will indemnify and keep indemnified us and any entity associated with OTC Europe against any cost, loss, liability or expense whatsoever which may be suffered or incurred by us and/or any entity associated with OTC Europe directly or indirectly in connection with, or as a result of, any services, performance or action permitted under Terms and Conditions.

 

Site may contain links to other websites which are not controlled by us or any entity associated with OTC Europe (“Third Party Websites”) and contain material produced by independent third parties. The owners of such linked websites do not necessarily have any relationship, commercial or otherwise, with us. The existence of a link from the Site to any Third-Party Website does not constitute a recommendation or other approval by us or any entity associated with OTC Europe of such website its content or any owner thereof.

 

Any opinions or recommendations expressed on Third Party Websites are those of the relevant website owner and are not the opinions or recommendations of ours or any entity associated with OTC Europe. Neither we nor any entity associated with OTC Europe accepts any responsibility for content provided on any website that may be accessed through links on the Site.

 

We are not required to do anything or refrain from doing anything which would infringe any applicable laws or regulations and may do whatever we consider necessary to comply with such laws.

 

If any provision of Terms and Conditions shall be found by any court, arbitration, or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of Terms and Conditions which shall remain in full force and effect.

 

Any failure by us (whether continued or not) to insist upon strict compliance with any provision of Terms and Conditions shall not constitute nor be deemed to constitute a waiver by us of any of our rights or remedies.

 

The rights and remedies conferred upon us hereby shall be cumulative and the exercise or waiver of any part thereof shall not preclude or inhibit the exercise of any other additional rights and remedies.

 

Some of third parties offer on Third Party Websites financial information services, trading platforms, as well as various banking and financial services. Access and use of Third Party Websites are governed by such third parties’ terms of use explained on their respective Third Party Websites.

 

By accessing and using the Site, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that we may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.

 

The products and services provided by third parties (“”) are subject to laws and regulations in such third parties’ respective jurisdictions. In addition, if you are a person who, based on your nationality, place of business, domicile or for any other reasons, is subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in your jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers, you will be solely responsible for access to and use of such Third Party Products,

 

This Site may contain information about financial services and products offered by third parties, which may be considered by the supervisory authorities of some jurisdictions as a public offer of financial products in the concerned jurisdictions. You hereby confirm that your access this Site and any Third Party Websites on your own initiative and without any solicitation from OTC Europe.

 

All the information provided on the Site, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular product, instrument, or any thing whatsoever, or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, including, but not limited to, financial, fiscal or legal advice.

 

All of the investment or trading decisions you may take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available. You are solely responsible for such decisions and should seek professional advice prior to making any investment or trading decisions.

 

If, by activating certain links on the Site, you leave the Site, you are hereby informed that we do not review any of these linked websites and do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall we be in any way responsible for the products, services, information and other content offered via these linked sites.

 

Please remember that the data exchanged between yourself and us is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel across borders. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

 

Please remember that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption algorithms. WE WILL NOT BE RESPONSIBLE for any violations of measures governing the importing, exporting or use of encryption algorithms.

 

Please remember that it is your responsibility to keep user IDs, passwords and other means of identification secret. Neither we neither any our representative will ever request you to disclose any of the data mentioned above.

 

From time to time, we may perform maintenance works on the Site. On these rare occasions, access to the Site may be interrupted for a limited period of time. The notice of such maintenance will be posted on the Site, and we hereby EXPRESSLY DISCLAIM ANY LIABILITY relating to such lack of access.

 

ALL COPYRIGHT AND OTHER RIGHTS RELATING TO THE SITE CONTENT AND DESIGN ARE PROPERTY OF, OR EXCLUSIVELY LICENSED TO, OTC EUROPE UAB AND ARE PROTECTED UNDER INTERNATIONAL LAW.

 

Any questions or complaints may be sent via email to info @ otceurope .com information transmitted electronically, e.g., by e-mail or SMS, is in principle not encrypted and may be intercepted.

 

Updated as at  15 November 2022

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