Traders Own PLC - General T&Cs
V2 6th August 2010
Below are Terms and Conditions relating to private investor access to the Traders Own social media and sharedealing website. A separate set of Terms and Conditions relating to the Member Equity Participation Scheme can be found here. This information will explain how the Traders Own website can be accessed by you, how you can use the website and under what terms you can buy services and products from us. If you don’t agree to the terms and conditions set out here, you must not use the website. If you’d like further clarification of our terms & conditions, please call ********.
1. Information about the Network Owner Traders Own PLC
2. Your Registration and Access to the Traders Own website
3. Traders Own website – Message Boards and Network Content Standards
4. Investment Warning and Risk Warning
5. Private Investor Access (non professional)
6. Copyright and rights of Traders Own PLC
9. Regulatory Statement
10. Governing Law
1. Information about Traders Own PLC
The Traders Own website is operated by Traders Own PLC, number 7169499. The company’s registered office and trading address is Sussex Innovation Centre, Science Park Square, Falmer, Brighton, BN1 9SB. Our vat number is *** **** **.
Contact information is as follows. Our general enquiry number is 01273 704473, our fax number is 01273 704499 and main email is email@example.com. Our trader helpline to deal with trading specific queries and issues is *********. General postal communications should be addressed to our trading address as stated above. Postal communications pertaining to the Traders Own online sharedealing website should be addressed to Traders Own PLC, 49 Whitehall, London, SW1A 2BX.
Traders Own PLC, FSA registered number 522858 are Appointed Representatives of Simply Stockbroking Ltd, an established stockbroker. We do not offer investment advice and the Traders Own sharedealing service we provide is administered solely by Simply Stockbroking Ltd, who are authorised and regulated by the Financial Services Authority, and members of The London Stock Exchange and Plus Markets, FSA Register No. 485165
2. Your Registration and Access to the Traders Own website
We allow access to the Traders Own website, but we have the right to withdraw or amend the services and information available without notice. In the event of the above, Traders Own PLC alone are responsible for the final decision. The networking, bulletin board and other social media features are provided free of charge.
In order to post messages, network with other members and generally participate in the Traders Own network and community, you will need to register with us. NB: Accounts must not be registered by a "bot" or any other automated process or method.
You will see advertising and promotional initiatives and links around the site to enable you to register. You must first complete our registration form, where we will ask you to provide information about yourself. At this point you will be provided with the option to become a Participating Member, to open a Traders Own sharedealing account and other trading services. Completing the registration process and selecting the required services will then enable us to identify you when you visit the Traders Own website. As soon as is reasonably practicable after registration we will email your personal Username and Password to enable you to access the Traders Own website. There is no charge to register for the Traders Own website or sharedealing services.
In relation to your use of the Traders Own website you agree to:
(a) Keep your password confidential and not disclose it to anyone else. The password is absolutely non-transferable.
(b) Only one password is permitted per person. If you are found to have registered more than one password, you will immediately be banned from the service. Management of your password is your responsibility. If a message is posted onto the bulletin boards or across the network using your password, we will regard the post as posted by you, and therefore your responsibility.
(c) To indemnify us for all costs, liabilities, claims, losses (including loss of revenue) for any unauthorised use of your password.
(d) Immediately change your password if you have cause to believe or know for sure that a third party has discovered your existing password.
Traders Own PLC reserves the right to immediately suspend your access to the Traders Own website and services if we have reasonable grounds to suspect that you are in breach of this agreement.
Traders Own PLC grant you a non-exclusive, non-transferable license to use the website and our services provided the services are used for your own personal purposes. Any networking actions, bulletin board posts, or other activities undertaken by you as a result of using our website and services are entirely your responsibility. If you become aware of any unauthorised use of our website or services, or any actual or suspected infringement of any of our intellectual property rights pertaining to the above, you must inform us as soon as possible.
You hereby agree not to use the Traders Own website or services in connection with any unlawful or illegal purpose, or in a way that could or does bring Traders Own PLC, its business, products, services, contributors or employees into disrepute. In addition, you agree to indemnify us against any and all damages, claims, losses, liabilities, expenses resulting from your misuse of the Traders Own website, as well as linked or associated services.
Traders Own PLC reserve the right to suspend or cancel your access to any part of the Traders Own website should we become aware of any regulation, claim, condition or restriction in any part of the world which requires us to do. The same rights apply should we become aware of any claim or potential claim of liability pertaining to the above.
3. Traders Own PLC website – Bulletin Board and Network Messaging Standards
In order to operate our network and bulletin board effectively and comply with the legal requirements, some rules have to be applied. Please read these conditions carefully. They govern the contributions you may or may not decide to make once you receive your personal Username and Password. When you contribute any information to our network and bulletin boards, you are accepting these conditions and agreeing that you will comply with them. A serious breach or repeated minor breaches will mean that we cannot accept further contributions from you and activity resulting in a breach of the Code of Market Conduct may in addition result in legal proceedings in accordance with the Financial Services & Markets Act 2000. The conditions are as follows:
(a) You must not post any message which might constitute investment advice or infringe any trademark, copyright, or database right of any other person.
(b) You must not post any message that is or may be considered as defamatory of anyone whether another contributor, the owner or manager of any company or any third party or any goods supplied by that company. Defamation can arise from derogatory comments about another person and damages for defamation can be high. If you are in doubt as to whether a statement is defamatory then do not make the statement. If action is taken against Traders Own PLC as a result of defamatory statements made by a contributor, Traders Own PLC will consider claiming compensation from the contributor.
(c) You must not post information that is or is purported to be “inside information”.
(d) You must not post any messages that would have the effect of “ramping” or “shorting”. This is the use of information intended to impact the performance of a company’s share price with the intention of misleading others into a course of action that acts to the benefit of the initiator but the detriment of those acting upon the information. Ramping is when the intention is to drive up the company’s share price and shorting is when the intention is to drive down the company’s share price and obviously any breach of this rule may carry the liability to further legal proceedings.
(e) You must indicate in any notice you post if you have or anticipate or plan to have any interest in the company on which you are making comment but it is not necessary to disclose the extent of that interest.
(f) You must not post any material that could be construed as obscene or offensive.
(g) You must not post any message that might constitute an advertisement, an encouragement or a specific recommendation to trade in any specific security or which would constitute direct personal promotion or commercial advertising.
(h) You must not breach any other persons copyright. For example, to copy the full or even part of the text from a commercial information service is a breach of copyright and could result in legal action. However it is perfectly acceptable to refer to the existence of such a report and to its availability through normal commercial channels. If you are unsure whether to copy something would be a breach of copyright, err on the side of safety and do not copy it onto the site.
(i) You must not post any information in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence.
(j) You must not post any material likely to deceive any person.
(k) You must not post any material likely to upset, annoy or unduly alarm any person.
(l) You must not post any material likely to disrupt our service in any way.
(m) You must not post any material that could be construed as originating from Traders Own PLC or it’s associates.
(n) You must not through use of the bulletin boards or networking services in any way help, advocate promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Please also note the following:
(a) Any bulletin board or network message which is deemed by Traders Own at our discretion to be unacceptable will be removed.
(b) You are responsible for the messages and information you cause to be displayed on the message board. If a posting contravenes any of these rules or becomes the subject of legal proceedings or enquiry by regulatory authorities Traders Own PLC may be required to disclose the identity of the person posting the message.
(c) Others may not always share your views and it is the essence of freedom of speech in a civilised society that they are entitled to their own opinions.
(d) You are aware that by using the Traders Own bulletin board and networking service you are liable to see information about companies, their performance and the performance of their shares. Any action you take influenced by such information is your responsibility and its display across Traders Own bulletin boards and network is not a guarantee of its authenticity. You are responsible for checking validity of information presented and you use the information at your own risk.
(e) Links to the Traders Own website may created or applied, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. Most importantly, you must not establish links that suggest any form of association, approval or endorsement on our part where none exists. The Traders Own website must not be framed on any other website, nor should you establish a link to any part of the Website other than the home page. Traders Own PLC reserve the right to withdraw, amend or alter the permission granted above without notice.
(f) The Traders Own website contains links to various websites and other resources provided by third parties. Traders Own PLC provide these links for your information only, but have no control over the contents of websites or resources available through those links, and accept no responsibility for them or for any loss or damage resulting from your use of them.
Please note the following. Whenever you make use of a feature that allows you to upload material to the Traders Own website to make contact with other users of the Website you must comply with these Content Standards. You hereby certify that any such contribution does comply with those standards and you agree to indemnify us for any breach of this.
(g) The Traders Own networking system provides private messaging functionality and a networking Inbox system. This system is scanned regularly as a matter of course to protect our members and to prevent spamming and other forms of message abuse.
4. Traders Own website – Investment Warning and Risk Warning
The services provided by the Traders Own website are provided for your general information and use and are not intended to cater specifically for any particular requirements.
SimplyStockbroking Ltd, Traders Own PLC its subsidiaries, their directors, officers or employees may from time to time hold a position in one or more of the investments mentioned on the site. We may also, (to the extent permitted by law) act on the information received before or after publication.
Risk warning notice – General
All investments are speculative and will fluctuate in value. It should not be assumed that the value of investments always rise. Past performance will not necessarily be repeated and is no guarantee of future success. Investors should carefully consider their own personal financial circumstances before dealing in the stock market, and should seek independent advice from their investment adviser if in any doubt.
Risk warning notice – Penny Shares
You run an extra risk of losing money when including “penny shares”. There is a big difference between the buying price and the selling price of these shares. If you have to sell them immediately, you may get back much less than you paid for them. You may have difficulty in selling these shares. It may be difficult for you to obtain reliable information about the value of this investment or the extent of the risks to which it is exposed. The price may change quickly and it may go down as well as up. Past performance is no guarantee of future success and clients should carefully consider their own personal financial circumstances before dealing in the stock market. Clients with fixed incomes and people approaching retirement age should carefully consider the above.
Risk warning notice – Alternative Investment Market
This is a market designed primarily for emerging or smaller companies. The rules of this market are less demanding than those of the official List of the London Stock Exchange and therefore carry a greater risk than a company with a full listing.
Risk warning notice – Plus Markets
Plus Markets is authorised as a Prescribed Market under the FSMA 2000. It is not a recognised or designated investment exchange. Companies trading on Plus Markets are not listed and are not subject to the same level of regulation as those companies trading on the aim or those companies with a full listing on the London Stock Exchange and there is a much higher level of risk attached to companies trading on Plus Markets. It may be difficult to obtain reliable information about the current trading position of companies on Plus Markets and if there is only one market-maker quoting prices, there may be occasion where you may have difficulty in buying or selling shares at a reasonable price or at all. Similarly the difference between the buying and selling prices can be wide and prices being quoted on Plus Markets may only be indicative prices and not firm two-way prices. Additionally, there may have been little or no trading in the stock since its issue. Consequently, if you have to sell your shares immediately you may get back much less than you paid for them
5. Traders Own website – Private Investor Access (non professional)
The Traders Own website may not be used for commercial purposes, either directly or indirectly. By entering into this agreement, you agree and hereby certify that you will at all times be acting as a private investor (non professional) and not in the course of any employment, trade or profession which you may carry on.
You are classed as a private investor if you meet all of the following criteria for the entire duration of your subscription.
(a) You are subscribing to the service in a personal capacity.
(b) You are not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognized professional body.
(c) You do not currently act in any capacity as an investment advisor.
(d) You use the service solely in relation to the management of your personal funds and not as a trader or an advisor to the public or to the investment of corporate funds.
(e) You do not distribute, republish or otherwise provide any data from the service to any third party in any manner.
Further investment and risk warning information concerning the Traders Own online sharedealing service can be found here. Please note the Traders Own online sharedealing service is not available for investment clubs.
6. Copyright and rights of Traders Own PLC
The content of this Site and Network is the property of Traders Own PLC and is protected by copyright and other intellectual property laws. It may be re-formatted or printed for personal use only. By copying from it you agree not to re distribute in any form, the content of this Site to anyone without obtaining written consent from Traders Own PLC. Also you may not post any content from this Site to newsgroups, mail lists or other bulletin boards without the prior written consent of Traders Own PLC
This copyright extends from original Traders Own PLC material, to the compilation articles, network messages and posts on our message boards, to edited and filtered compilations of material sold or distributed.
Traders Own PLC reserves the right to republish the material contributed to the site. By posting an article, message or bulletin board message, a subscriber expressly grants the right to Traders Own PLC to republish or sell the message in a format considered suitable by the Traders Own team. The author will however receive due recognition in any republished works.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of Traders Own PLC or other companies. Content of this nature is the sole property of Traders Own PLC. Reproduction in whole or in part is strictly prohibited without explicit written permission, OR such reproductions are attributed to “Traders Own” and include any copyright or other proprietary notices and disclaimers applied by us. Traders Own PLC own and are the authorised licensee of the copyrights and other intellectual property rights for the Traders Own website and sharedealing service. The website and services are protected by copyright laws and treaties around the world.
For further information on the Traders Own PLC Member Equity Participation Scheme, please click here
For further information on the Traders Own PLC online sharedealing service terms and conditions, please click here.
The input into our website from data providers, newsfeed, contributors and other sources is believed to be reliable, but subject to change without notice. Neither Traders Own PLC, nor our data providers and affiliates guarantee or certify the accuracy or completeness of information seen on the site, neither do they accept any liability for loss, without limit loss of profit and consequential loss, or damages should such information be used or relied on in any way. It also follows that information or opinions on the site do not in any way constitute offers or recommendations from Traders Own PLC to in any way have dealings in or hold any interest in any form of investment.
Similarly, Traders Own PLC does not undertake or confirm the accuracy of any information on websites that may be linked to the email communications and promotions we send to our members. Neither do we endorse, recommend or guarantee as accurate products advertised by other companies via our email service.
The information is provided on the site to help investors make decisions in regard to their investments. The information does not constitute personal investment recommendations; neither will it be suitable for all investors.
The Traders Own website, and information and material made available is supplied as is, and is subject to changes, amendments and updates from time to time. No notice will be supplied as regards the timing and implementation of such changes or updates, but by using the website you agree to our system of operation. The material and information viewed on the Traders Own website is supplied on an if available basis, and Traders Own PLC hereby exclude and disclaim all warranties, conditions, representations and terms, whether detailed or implied by statute, common law. In addition, no guarantee or warranties are made that the Traders Own website and services are free from infection by viruses or anything else that holds potentially damaging or destructive properties.
Investments referred to on the site may incur tax liabilities. Traders Own PLC does not provide tax advice. The value of investments can fall as well as rise. Past performance is not necessarily a guide to future performance.
None of the investments, associated services or instruments appearing on the site are available in any country or jurisdiction where they would be contrary to local law.
Whilst the business of Traders Own is almost entirely internet based, it is by no means completely reliable. Transmission of information over the internet may be subject to delays over which Traders Own PLC have no control, and which may subsequently interrupt provision of information and services or access to the website. Consequently Traders Own PLC do not accept any liability for loss, without limit loss of profit and consequential loss, or damages as a result of inability to access the site or inability to transmit information to, or receive information from the site. However, nothing in this agreement excludes or limits our liability for:
(a) Death or personal injury caused by our negligence (or that of our employees, agents or directors).
(c) Any liability which may not be limited by or excluded by law.
Who we are
This social networking website is made available to you by Traders Own PLC. We respect your right to privacy and will only process personal data you provide to us in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.
If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please click here to contact us.
An important note about children
We do not and will not knowingly collect information from any unsupervised child under the age of 13. If you are under the age of 13, you may not use the Services unless you have the consent of, and are supervised by, a parent or guardian.
The personal data we collect about you
When you access and browse the Services (including when you submit personal data to us through data entry fields on the Services), we may collect the following information from you:
(a) Your name;
(b) Your age, date of birth and sex;
(c) Your postal address;
(d) Your phone and e-mail details;
(e) Your employment details (these are optional);
(f) Your wishes in regard to collecting equity units in Traders Own Plc; and
(g) Information on your trading activities (these are optional);
(h) Any other personal data that you choose to upload to or post on the Services, including blogs, photographs, messages, hobbies and interests and other personal details.
In addition, we may collect anonymised details about visitors to our Services for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details that we collect for these purposes.
How we may store and use your information
We (or third party data processors acting on our behalf) may collect, store and use your personal data listed above for the following purposes:
(a) to make the Services available to you and to provide you with content which is tailored to your individual tastes;
(b) to complete any further activities you make through the Services and to provide you with services that you request;
(c) to further develop and improve the Services;
(d) to maintain and support any accounts that you have with us;
(e) to include (or to permit the inclusion of) advertising within the Services of our own and third party products, services and promotions that we or they think may interest you;
(f) where you have given us your consent, to contact you (including by SMS and e-mail) with products, services and promotions which we think may interest you; and
(g) where you have given us your consent, to disclose your personal data to carefully chosen third parties so that they may contact you (including by SMS and e-mail) with products, services and promotions which they think may interest you.
However, if a third party acquires all (or substantially all) of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition.
We may also disclose your personal data where we are required to do so by applicable law, by order of a court, by a governmental body or by a law enforcement agency. We may also disclose your personal data in the context of investigating or reporting any issue arising in connection with activity by you or content supplied or purporting to be supplied by you, to you or on your behalf that we reasonably believe could be unlawful or otherwise in breach of our terms of service.
Technology Licensor disclosures
Cookies used with the Traders Own online sharedealing services ensure that when you log into your online dealing account that you are the account holder and we can ensure your account security. As Traders Own is defined as a ‘Transactional’ site under the directive we will be unable to offer you sharedealing services if you remove the cookies from your computer as you will be unable to use the site securely
Whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.
You have the following rights:
(a) the right to ask us to provide you with copies of personal data that we hold about you at any time, subject to a fee specified by law (currently £10);
(b) the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge; and
(c) the right to opt out of any marketing communications that we may send you. We also draw you attention to the section “The Entitlement To Shares” on the Traders Own MEPS document
If you wish to exercise any of the above rights, please e-mail us at the address specified above.
Third party sites
9. Regulatory Statement
Traders Own PLC, FSA registered number 522838 is an Appointed Representative of Simply Stockbroking Ltd, 49 Whitehall, London, SW1A 2BX, who are authorised and regulated by the Financial Services Authority, registered number 485165 and are members of the LSE.
10. Governing Law
This agreement is prepared and applied in accordance with English law, and accordingly Traders Own PLC and all parties will submit to the jurisdiction of the English courts. Additionally, should any term of this agreement be found or held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The term/terms in question will be replaced by valid and enforceable term/terms which correspond, as far as possible, with the original.