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Terms and Conditions

Please read these Terms and Conditions carefully; they impose legal obligations on you. By using the Services, you are acknowledging that you have read and understood these Terms of Service and agree to be legally bound by them.

1. DEFINITIONS

The following terms shall have the following meaning:
User means a person that has registered to obtain our Services;
Services means those of the services provided by fxCalc and selected by the User;
Website means www.fxcalc.com.

2. PROVISION OF SERVICES

2.1 fxCalc shall make commercially reasonable efforts to make the Services always available to the User and shall restore the Services as soon as reasonably possible in the event of any interruption. fxCalc shall not be liable for any failure to provide the Services.
2.2 fxCalc does not warrant that the Services or the fxCalc Information will be error free or uninterrupted.

3. USE OF INFORMATION

NOT FOR COMMERCIAL USE. The User is permitted to store, manipulate, analyse, reformat, print and display the fxCalc Information and use the Services only for the User's personal use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any fxCalc Information or the Services in any format to anyone. Except as permitted by this clause, no User shall use any fxCalc Information or any of the Services in or in connection with any business or for providing a service to any person including without limitation any securities, investment, accounting, banking, legal or media business or enterprise or service.

4. NO WARRANTIES

fxCalc does not give any warranties (including, without limitation, as to merchantability or fitness for a particular purpose or use). Without limitation to this clause, fxCalc does not warrant that access to the Website will not expose the User to viruses or other harmful items and no assurance can be given that the Website or any linked website will not harm or cause loss to the User, or the User’s computer or network.

5. ACCESS TO THE SERVICES

5.1 The User shall have a username and password (specified by the User) that enables the User to access the Services.
5.2 The User is responsible for maintaining the confidentiality of the username and password and is not entitled to disclose the username or password to any other person.

6. AUTOMATED DOWNLOADS

5.1 Our data can be downloaded via the website, ftp, web services and through our DataClient software. Automated downloads from our website through scripts or utilities is not permitted. Any attempt to access our data via the website in an automated manner using download utilities will be blocked. If you would like to automate your downloads then you must use either the FTP site or our XML web service.

7. USE OF PERSONAL INFORMATION

6.1 If the User is an individual, fxCalc and its agents are authorised to collect information about the User. This information may be used for enabling access to the Services, statistical analysis, research and marketing purposes.
6.2 The User can request access to and correction of any personal information held by fxCalc about the User. Any such request must be in writing and fxCalc, at its discretion, may charge for any costs reasonably incurred in responding to such a request.

8. TERMINATION

Without prejudice to any other rights, fxCalc may without notice terminate its contract with the User immediately if the User fails to comply with any of these terms and conditions, or if fxCalc ceases to supply any Services. Customers wishing to cancel subscription based services must provide at least 30 days written notice of cancellation.

9. REFUNDS

fxCalc does not allow refunds or exchanges on any of its products or subscriptions. All sales are final.

10. EXCLUSION OF LIABILITY

To the maximum extent permitted by law, fxCalc excludes all and any liability to the User arising out of the contract between fxCalc and the User. Notwithstanding and without limiting any provision of these terms and conditions, any claim brought by the User against fxCalc must be served within one year following the date on which the cause of action accrued.

11. INDEMNITY

The User indemnifies fxCalc against all and any losses, costs (including legal costs on a solicitor client basis), expenses and damages, whether direct or indirect, arising from or in connection with a claim by a third party against fxCalc relating to Services obtained by the User.

12. ASSIGNMENT

The User may not assign its rights under the contract between fxCalc and the User.

13. SEVERABILITY

If any provision of these terms and conditions is found to be invalid or unenforceable to any extent, the remainder of the terms and conditions shall not be affected and shall remain enforceable to the greatest extent permitted by law.

14. AMENDMENTS

fxCalc reserves the right to alter these terms and conditions at any time. fxCalc will endeavour to provide reasonable notice to the User of any variation by posting the new terms and conditions on the Website and by emailing to the User at the last postal address, facsimile number or email address which the User has notified to fxCalc.