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2. Acceptance
2.1 These Terms and Conditions are concluded between the parties upon your submission of the online
registration form or reliance or use of (“TOP”) in any manner or form. By using TOP, you accept to be
bound by these Terms and Conditions.
2.2 TTSE reserve the right to amend or unilaterally change any provisions of these Terms and Conditions
subject to notifying you of any such amendments. Such notifications shall be posted on TOP and on the
TTSE’s website at least fifteen (15) days prior to any amendment or change to these Terms and
Conditions. Use of TOP after notification of amendments shall be deemed acceptance.
2.3 If you do not agree with the new or any changes made to these Terms and Conditions, you must
immediately stop using the TOP service and notify us.
2.4 You should also read our Privacy & Security Policy. By using TOP, you acknowledge that you
have read the Privacy & Security Policy and agree to its terms.
3. Registration
3.1 You are required to register for online trading by clicking on the “Sign Up” tab on TOP. You shall also
supply such other information as may be required by your broker from time to time for the purpose of
updating registration information provided by you.
3.2 You shall formulate a unique username and password in connection with the use of TOP.
3.3 You agree to keep your username and password protected at all times.
3.4 You shall always log out of TOP after each use.
4.1 You are responsible for any use of your password. You acknowledge that use of your username
and/or password is your authorization for the purposes of any activity conducted on TOP. You
shall be responsible for any result arising out of any use of your password. TTSE shall not be
held liable under any circumstances for any actions taken on unauthorized instructions.
4.2 You shall report any suspicious or unauthorized activity on your account to your broker. You can contact
us: 1-868-625-5107/9.
5.1 Neither the TTSE nor any of their directors, officers, employees or agents are soliciting, inducing, inviting
or making any offer for any sale or purchase of any securities;
5.2 TOP, the market data and any other data or information contained on or made available by TOP does
not constitute any recommendation, advice, invitation, offer or solicitation for any sale or purchase of any
securities. Use of and reliance on any data or information contained on or made available through TOP
is at the user’s own risk;
5.3 TOP is not directed at or intended for dissemination or publication to any person in any jurisdiction where
such actions would be in contravention of any applicable laws or regulations.
6 Payments
You agree that:
6.1 Before placing any transactions on TOP, you must first deposit funds to your TOP account with
your broker;
6.2 All fund deposit and fund withdrawal requests are subject to a special procedure in accordance
with your broker(s) requirements and policies;
6.3 The TTSE is not directly or indirectly a participant in any fund deposit or fund withdrawal conducted
through TOP.
8.1 TTSE have the sole and exclusive right at any time and for whatever reason to suspend or terminate
trading on TOP without giving any reasons for such termination or suspension;
8.2 Users acknowledge and accept that TOP may become unavailable from time to time due to
various circumstances, including: technical failure or problems with TOP; technical failure or
problems with the TTSE’s computer systems, server(s), network(s), electronic systems or any
other systems (TTSE’s Systems); technical failure or problems with third party computer
systems, server(s), network(s) or other systems; or unavailability of data, communication,
electricity or other services. In no event will the TTSE or any of its directors, officers, employees
or agents be liable for any losses, damages, or other claims arising out of the unavailability of
TOP for any reason unless such unavailability is as a result of the negligence or intentional
misconduct of the TTSE, it employees or agents;
8.3 TTSE have the sole and exclusive right for whatever reason to suspend or withdraw the use of
TOP permanently without giving any reasons for such withdrawal or suspension. Users shall
receive a minimum of thirty (30) days’ notice of the TTSE’s intention to suspend or withdraw the
use of TOP. Such notifications shall be posted on TOP.
8.4 TTSE may terminate your access to TOP, with or without notice and with or without cause or for any
action that the TTSE determines is inappropriate or disruptive to TOP or any other user of TOP.
8.5 TTSE may suspend or terminate your use of TOP in the event of any breach by you of the securities laws
of Trinidad and Tobago or the jurisdiction in which you reside.
9.1 The TTSE reserves the right, in its sole discretion, to monitor any and all use of TOP.
9.2 Your use of TOP is at your own risk. However, the TTSE warrants that it has instituted industry standard
security measures to secure TOP against unauthorized access.
Users shall bear the risk of their use of the internet and under no circumstances shall TTSE be liable for any
loss, harm or damage suffered by users as a result thereof.
13 Disclosure of Information
Users acknowledge that:
13.1 Users’ information entered into TOP will be shared or transferred in TOP to users’ brokers in connection
with online trading;
13.2 The TTSE may disclose information to legal and regulatory authorities if required to do so by
order of a court of competent jurisdiction or the Trinidad and Tobago Securities and Exchange
Commission.
14 Indemnity
You agree to indemnify and hold harmless the TTSE and its directors, officers, agents, and
employees from and against any and all claims, demands, costs, damages and or penalties arising
out of any failure by you [or any agent acting on your behalf] to fully observe these Terms and
Conditions or by reason of any access or use by you [or such agent] of TOP.
15 Intellectual Property
15.1 All rights, title and interest in TOP and the contents of TOP including but not limited to the
graphics, photographs, images, video, audio, appearance of TOP, the logos and marks and any
other data or information contained on TOP are the sole and exclusive property of the TTSE, its
licensors and/or consenting third parties.
15.2 Nothing contained on TOP should be construed as granting any licence or right to use any
trademark without the written permission of TTSE and/or such third parties.
00975320-1 Online Trading Terms and Conditions – July 2020 Page 5
16 No Warranties or Representations
TOP is provided "as is" and TTSE makes no express or implied representations or warranties with regard
thereto. The TTSE will take reasonable precautions to minimize the risk of viruses and security threats that
could be introduced to TOP. Without limiting the generality of the foregoing:
16.1 TTSE does not warrant that TOP will be free from any viruses, security threats or that it will
be error-free or will meet any particular criteria of accuracy, completeness or reliability of
information, performance or quality.
16.2 The TTSE expressly disclaims all implied warranties, including, without limitation, warranties
of merchantability, title, fitness for a particular purpose, non-infringement, compatibility,
security and accuracy.
17 Limitation of Liability
17.1 The TTSE, its directors, officers, employees and/or agents will not be liable for any losses, damages or other
claims arising out of or relating to the failure of the TTSE’s Systems, the use of TOP, any failure of
performance, error, omission, interruption, defect, computer virus, security threats, unlawful access, delay
in operation or any other breakdown of TOP or third party services save and except where such failure of
TOP is a result of the negligence or intentional misconduct of the TTSE, its employees or agents.
17.2 Subject to Clause 14.1 above the TTSE’s maximum liability to you arising under or in relation to these Terms
and Conditions shall be for direct costs and damages only and shall be limited to the sum for which the
TTSE carries insurance cover.
17.3 Notwithstanding Clause 14.1, in no event will the TTSE or any of its directors, officers, employees or agents
be liable for indirect, special, incidental, consequential or exemplary damages.
17.4 Nothing in this Clause 14 shall restrict or limit your general obligation at law to mitigate any loss or damage,
cost, or expense you may suffer or incur arising out of anything done or not done by the TTSE under or in
connection with the use of TOP.
17.5 You acknowledge and agree that the limitations on the TTSE’s liability in this Clause 14 are reasonable in
the context of the use of TOP being provided free of charge.
18 Jurisdiction
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