Capitalised terms shall have the meaning given to them in the Terms.
Welcome to CMC Markets’ Chart Forum ("Chart Forum"). The terms set out below ("Terms") and our Chart Forum house rules ("House Rules") govern your use of the Chart Forum. Please read both documents carefully before proceeding. A copy of these Terms and the House Rules may be found on our website. The House Rules will also be available to you on the Chart Forum itself, should you need to refer to them at any time.
By using the Chart Forum, you agree to be bound by these Terms and the House Rules. If you do not accept these Terms and/or our House Rules, you may not use the Chart Forum.
We may change these Terms and/or our House Rules at any time, and the Terms and/or our House Rules in place at any time will be binding on you. You should review them each time you visit the Chart Forum and print out a copy of these Terms and the House Rules for future reference.
We have different legal terms for different products and services. These Terms apply to your use of the Chart Forum only. If there is any conflict between these Terms and any of our other terms in relation to your use of the Chart Forum, these Terms shall take precedence. In relation to your use of other CMC Markets’ products or services, the relevant terms for those products and services shall take precedence.
1.1. The Chart Forum is operated by CMC Markets UK Plc ("CMC"), a public company registered in England and Wales under company number 02448409 with a registered office at 133 Houndsditch, London EC3A 7BX, United Kingdom ("we", "us", "our"). We are authorised and regulated by the Financial Conduct Authority ("FCA") and our FCA reference number is 173730. Our VAT number is GB 849175783. You can contact us using the following email address: email@example.com.
2.1. You may only view and use the content ("Content") available on the Chart Forum for personal use and not in the course of any business.
2.2. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the Content or the Chart Forum, or download or otherwise copy (whether directly or indirectly) any Content to make or populate a database or publication of any kind whatsoever. If you require any further information on permitted use or a licence to copy or re-publish any part of the Chart Forum or any of the Content, please email us at firstname.lastname@example.org.
2.3. You must not:
2.4. In the event that we, acting reasonably and in good faith, consider that you have breached any of the provisions in clause 2.3. above, we reserve the right to take any action that we deem necessary or appropriate including, without limitation, the suspension and termination of your access to the Chart Forum, or the commencement of legal proceedings as appropriate.
3.1. In order to access the Chart Forum, you must:
3.2. If you are a demo account user, then you will have “read-only” access to the Chart Forum. You must be a CMC client with a live account if you wish to participate and contribute to it.
3.3. Upon the submission of your user account registration, we may require you to activate your user account ("Account") by sending you a confirmation email. We reserve the right at all times and at our sole and absolute discretion to accept or reject your account registration.
3.4. You must keep your username and password confidential and secure at all times. You may not hold more than one Account at any one time. We are entitled to suspend and/or terminate your access to and use of the Chart Forum if we have reason to believe that you have created more than one Account.
3.5. You must not:
3.6. You are responsible for all access to, use of and actions performed using your Account and we will treat any such use as use by you. If you have reasonable suspicion that a third party may have access to or is using your username, password and/or Account, then you must notify us immediately by emailing email@example.com.
4.1. We may, at our sole discretion, publish or remove all or part of any Content, including your name and location, which you submit to us. Whilst the Chart Forum screens and removes Content that contains expletives and profanities automatically prior to publication via a profanity software filter, we do not monitor, moderate, vet, review or edit any of the Content submitted by you prior to publication on the Chart Forum. We may however, do so at our sole discretion after publication of such Content on the Chart Forum. It is your sole responsibility to ensure that you comply with these Terms and the House Rules when posting your Content on the Chart Forum.
4.2. You retain any copyright you may have in your Content. By submitting your Content to us, you hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, reproduce, edit, adapt, amend, modify, publish, translate, create derivative works from, make available to, communicate and distribute your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. By submitting your Content, you warrant that you have the right to grant this licence and allow us to sub-licence your Content to other entities within our group companies.
4.3. To the extent permitted by law, you hereby waive your moral rights to being identified as the author of and object to the derogatory treatment of your Content. In essence, you agree that upon publication of your Content on the Chart Forum, we may without limitation:
5.1. You must not submit Content to the Chart Forum that:
5.2. Please note that submitting Content in breach of any of the restrictions set out in these Terms and our House Rules may result in you committing a criminal offence. In this case, we are entitled to take any action which we deem appropriate or necessary.
5.3. You must not and must not attempt to circumvent or threaten the integrity, security or any protections we put in place in the operations of the Chart Forum or any of our other products or services. We reserve the right to suspend and/or terminate your Account with us if we have reason to believe that you are in breach of this clause 5.3.
5.4. You must not re-submit Content which has been removed by us. The re-submission of such Content shall be removed and we reserve the right to terminate and/or suspend your Account with us.
5.5. You must not use framesets or provide access to the Chart Forum or part of it under any other URL including but not limited to domain forwarding and URL re-direction.
5.6. If you have any doubts as to whether your Content is likely to breach any of the restrictions in these Terms and/or the House Rules, then you must not submit such Content on to the Chart Forum.
6.1. We may suspend, terminate or prevent your registration for an Account if:
6.2. We may also suspend and/or terminate your use of the Chart Forum (including your Account):
6.3. We will use our reasonable endeavours to notify you (where we are not prevented from doing so) if your Account has been suspended and/or terminated. However, you agree that we are not obliged to provide you with such notice in advance or at all, nor are we obliged to provide you with the reason for doing so.
6.4. Where we suspend, terminate or prevent your registration for an Account, you must not attempt to re-register or re-submit your Content (for example, by registering using a third party’s name and details) without our prior written permission. The period of any such suspension shall be determined by us in our sole discretion and will depend on all circumstances including events giving rise to the suspension. Any decision we make including any temporary, permanent or extension of the suspension shall be final.
7.1. The Chart Forum is not intended for issuing financial promotions, providing investment advice or encouraging users to engage in investment activity.
7.2. Where we contribute Content to the Chart Forum, we will not have taken your circumstances or needs into account.
7.3. You must:
7.4. You agree that you are responsible for all Content posted by you or anyone using your Account on the Chart Forum.
8.1. Whilst we may monitor and moderate Content at our sole discretion after publication on the Chart Forum pursuant to clause 4.1. above, we do not have control over any such Content. As such, all Content is made available to you “as is” for information purposes only and may not be accurate or may not contain all relevant facts. We exclude all our liability in respect of Content on the Chart Forum. We also recommend that you check and verify such Content and use your own judgement in making or refraining from making a decision or to embark on a specific course of action.
8.2. If you see something which you reasonably believe breaches any of these Terms or our House Rules, please contact us immediately by using the flag abuse functionality on the Chart Forum or sending us an email on firstname.lastname@example.org.
8.3. Except for liability for fraudulent misrepresentation by us (but not other users), we are not liable for:
8.4. We rely in part on software and other supplier and services to operate the Chart Forum. Whilst we will monitor the technical performance of the Chart Forum and use our reasonable endeavours to fix bugs and viruses, we cannot guarantee that the Chart Forum will be available at all times, is fault-free, is free from bugs and virus, or that you will be able to access the Chart Forum properly or at all. We are also not responsible of any event outside our control including but not limited to performance of your or our ISP, your browser or the Internet.
8.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.
9.1. You hereby indemnify us for any loss, damages and/or expenses we or any of the CMC group companies suffer or incur as a result of any breach of these Terms and any part of our House Rules by you.
10.1. We routinely perform maintenance and general diagnosis of the Chart Forum such as install updates and fix bugs. We will try to perform such scheduled maintenance during times when we anticipate or reasonably believe that online use of the Chart Forum is lower than normal but we cannot guarantee that your experience of the Chart Forum will not be disrupted.
10.2. We may also need to perform emergency maintenance and/or suspend access to the servers (including your access and use of the Chart Forum) where, in our reasonable discretion, we see the need to do so. Whilst any response and turnaround times are subject to the emergency maintenance, we will work towards making your use of and access to the Chart Forum available again as soon as we think it is safe to do so.
11.1. We will use your personal information in accordance with our privacy and security policy, which forms part of these Terms. Our privacy and security policy may be found on our website.
12.1. If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
13.1. No waiver of any breach by you of any provisions of these Terms shall be deemed to be a waiver of any subsequent or other breach of that or any other provision, and no failure to exercise, or any delay in exercising, any right or remedy under these Terms shall constitute a waiver.
14.1. These Terms are governed by and construed in accordance with the Laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction over any dispute relating to or arising out of these Terms.