Use of the Website and Content
You may not (and may not encourage or assist others) to:
- reproduce, republish, distribute, exploit commercially, use or modify without Next Day Capital’s express written consent, the Website or Content;
- access, copy or download the Website or Content using automated methods, including but not limited to, “web scraping” or “bots”, “robots” or “spiders” that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;
- use any trade mark, service mark or logo of Next Day Capital or any third party that appears on the Website without prior written consent or remove or obscure any copyright or other notices contained in the Website or the Content;
- if you link other websites to the Website, imply or suggest that Next Day Capital has endorsed or is affiliated with such websites and you may not display the Website as “framed” or “mirrored” within another website;
- delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website or Content or any of the Websites’ source code or software;
- transmit any virus, worm, time bomb or similar system interference through the Website;
- impersonate any person or entity or create a user account for anyone other than yourself or create another user account without permission if Next Day Capital has suspended or terminated your user account; or
- use any hidden text or metatags using “Next Day Capital” on a website or content published on a website or otherwise.
The Website or any part of the Website may be periodically unavailable, and Content may be removed or modified at any time without notice. Next Day Capital may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of Users. Users will have no right to compensation or other remedy for being unable to access the Website.
The Website is operated and controlled by us in the European Union (Belgium). Access to the Website from countries or territories where such access is illegal is prohibited. Next Day Capital makes no representations that the transactions, financial or investment products, securities, and other services (“Products or Services“) discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all Users. Those who access the Website do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Website Disclaimers and Limitations of Liability
Subject to any applicable law that cannot be excluded, the Website and Content are provided “as is” and “as available” without any representation, warranty or condition. No reliance should be placed on any information on the Website or the Content. Users agree to bear all risks associated with their use of the Website and Content, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website or Content. You agree that Next Day Capital is not liable for any action you take, omission, or decision you make in reliance on the Website or the Content, subject to applicable law.
The Content and the Website are for informational purposes only and are not investment, professional, legal or other advice nor are they to be relied upon in making an investment or other decision. The Website and Content is not an offer to sell, or a solicitation of an offer to buy and do not constitute an invitation or inducement of any sort to any person.
Certain information contained on the Website and in the Content may constitute “forward-looking statements” as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, and include statements regarding Next Day Capital’s competitive strengths, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook. Words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan” and “believe” are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of Next Day Capital to differ materially. Except as required by law, Next Day Capital undertakes no obligation to update or revise statements or information on the Website or in Content.
Any transactions described on the Website or in any Content as having been engaged in by Next Day Capital are included as representative transactions for illustrative purposes only. Past performance is not indicative of future results. No assurance or representation is made, that comparable results or any target returns disclosed on the Website or in Content will be achieved.
You agree that, to the maximum extent permitted by applicable law, in no event shall you seek to hold Next Day Capital, its affiliates and/or their respective officers, directors, managers, partners, members, shareholders, employees and agents (“Affiliates”), liable and in no event shall Next Day Capital or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use, inability to use, availability of the Website or the Content, irrespective of whether Next Day Capital has been advised of the possibility of such damages and/or losses.
The liability of Next Day Capital and/or its Affiliates for breach of any condition, guarantee or warranty implied by statute that cannot be excluded, is limited to the maximum extent permitted by law, at Next Day Capital’s option, to the re-supply of goods or services, or the payment of the costs of having goods or services re-supplied.
Password Protected Links
Some pages on the Website are available only to clients with registered accounts and log-on credentials. You are responsible for the confidentiality of your log-on credentials and account information, and for all actions taken on the Website while logged on with your credentials. You should not disclose your log-on credentials or account information and you should choose a unique password. Next Day Capital reserves the right to suspend or cancel Website accounts and log-on credentials at any time, for any, or no, reason and without notice. If you suspect that your log-on credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account log-on page.
Any part of Next Day Capital and/or its Affiliates may have or have had an interest or holding, relationship or other arrangement with the Products or Services, which may be material. Potential investors should refer to the applicable offering documents for any Product or Service and in particular, the potential conflicts of interest discussed therein.
Dispute Resolution by Binding Arbitration
You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet and its various applications, of which this material forms part.