Brexit SMS Alerts Terms and Conditions
2. This service is offered by GAIN Capital UK Limited trading as City Index (“City Index”; “we”, “our” or “us”). GAIN Capital UK Limited is a company incorporated in England and Wales with company number 1761813 and whose registered office at Devon House, 58 St Katharine’s Way, London, E1W 1JP, United Kingdom. GAIN Capital UK Limited is authorised and regulated by the Financial Conduct Authority in the UK, with FCA Register Number 113942.
3. Subject to the paragraphs below, to be eligible to receive our SMS price volatility alerts you must:
- be an individual over eighteen (18) years of age;
- be based in the UK; and
- not be involved in any dispute with us or any of our affiliates or have been involved in any such dispute in the past.
4. You should read these Service Terms carefully. Under no circumstances will we be liable for any losses that you may incur as a result of trading or making investment decisions following an SMS alert. We do not provide trading or investment advice and any trading or investment decisions are made by you. You are responsible for managing your own trades and investments and your tax and legal affairs including making any regulatory filings and payments and complying with applicable laws and regulations. We do not provide any regulatory, tax or legal advice. If you are in any doubt you should to seek independent advice.
5. We will not charge you to receive our SMS alerts via this service but depending on your mobile contract you may be charged by your network provider. This situation is uncommon but we advise that you check with your network provider before opting into this service. City Index will not accept any liability for SMS costs you may incur from your network provider as a result of using this service.
6. SMS alerts under this service are not guaranteed and SMS deliverability cannot be guaranteed. You therefore should not use or rely on this service as a method of monitoring prices, positions/markets or making trading decisions, and no liability will be accepted by us in this respect.
7. By opting into this service you consent to receive our SMS alerts to the mobile phone number you have registered with us. You can add markets or stop receiving these alerts for any markets by simply visiting this link [https://cityalert.co], resubmitting your details and then adding or deselecting markets. Our alerts: (a) are general in nature and do not consider your personal circumstances and (b) may not be forwarded to or shared with any other person or entity for any reason, nor may they be used for business purposes. You may not distribute, republish or otherwise provide any data from our SMS alerts to any third party in any manner. All intellectual property and other rights in our SMS alerts remain the sole property of City Index.
8. We will send our SMS alerts at such times, at such intervals and based on such price movements as we may determine in our absolute discretion.
9. We will send our SMS alerts to a mobile phone registered with a United Kingdom (UK) network operator. We are unable to send SMS alerts to a fixed- line telephone, a computer capable of receiving text messages or a 'virtual’ mobile phone number beginning with '447'.
10. We will only send you each SMS alert once. If you delete an alert we cannot send it again.
11. We will not be liable if SMS alerts are not sent or received, or are sent or received late, for any reason or are unavailable at any time. Nor do we accept any responsibility for misdirected, lost, undelivered or indecipherable alerts, or for technical problems with telecommunications networks which may affect this service. We do not guarantee the accuracy of the contents of each SMS alert. You further acknowledge and agree that your receipt of any SMS alerts may be delayed or prevented by factors outside our control, or by operation of law.
12. You are responsible for making sure no one has access to confidential information shown on (or stored in) your mobile phone. If your phone is lost or stolen, or if you change your number or network operator, it is your responsibility to ask us to suspend our SMS alerts as soon as possible. Otherwise we will continue to provide alerts to the mobile number you have registered for the service. We will not be liable if your details become known to someone because you do not notify us or if the registration information you gave us is incorrect.
13. You agree not to hold City Index, its directors, officers, employees and agents liable for losses or damages, including legal fees, that may arise, directly or indirectly, in whole or in part, from: (a) a non-delivery, delayed delivery, or the misdirected delivery of an SMS alerts, (b) inaccurate or incomplete content in an SMS alert or (c) your reliance on or use of the information for any purpose other than if we act fraudulently.
14. Without prejudice to the generality of these Service Terms, we shall have the sole discretion to determine your eligibility to receive or continue to receive our SMS alerts.
15. We reserve the right at our sole discretion to disqualify with or without notice any individual that tampers or attempts to tamper with the operation of this service, or breaches these Service Terms or any of our other terms and conditions.
16. We reserve the right to alter, suspend, amend or terminate this service, or any aspect of it (including without limitation the trigger point for any SMS alert(s)), for any or all recipients, at any time and without prior notice, including limiting the amount of alerts you may receive. We may make changes to these Service Terms and will notify you of these changes by posting the modified terms on our website or in such other manner as we may determine. By your continued use of our services you accept any such modified terms.
17. We may monitor and/or record telephone calls from and to you in the interests of improving our service levels and for training purposes. This may be done either by ourselves, or reputable organisations carefully selected by us to ensure consistent servicing levels and account operations.
18. You make the following representations and warranties at the time you subscribe for the SMS alerts and every time you receive an SMS alert:
- all information that you supply to us is true, accurate and not misleading in any material respect;
- you are over 18 years old;
- you have obtained all necessary consents and have the authority to enter into these Service Terms and/or to receive the SMS alerts;
- neither the entry into these Service Terms nor your receipt of any SMS alert will violate any law, rule or regulation applicable to you; and
- you will use the services offered by us pursuant to these Service Terms honestly, fairly and in good faith.
20. We shall not be liable for any consequential or indirect losses or for any loss of profit or opportunity, or anticipated savings or any trading losses.
21. Any dispute or situation not covered by these Service Terms will be resolved by our management in a manner it deems to be the fairest to all concerned, and that decision shall be final and/or binding on all entrants. No correspondence will be entered into.
22. If these Service Terms are translated into a language other than English, then the English version of the Service Terms shall prevail where there is an inconsistency.
23. If any term of these Service Terms is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Service Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
24. These Service Terms will be governed by the laws of England & Wales, and the English courts shall have the exclusive jurisdiction over any matter or disputes arising from this Service.
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