Terms and Conditions
Last updated: July 4, 2021
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by Sarus Systems Limited ("Sarus", "us", "we", or "our").
The services offered are for professional users and commercial enterprises only. They are not available to private consumers.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- "Company" Sarus Systems Limited (and the terms "Sarus", "we", "our" and "us" shall be construed accordingly).
- "Service" means all services provided by us and subscribed to by the subscriber.
- "Website" means any website, web service or application through whatever platform owned or operated by Sarus.
- "Subscriber" means a professional or individual representing a commercial enterprise who has registered and paid to obtain our Services (and the terms "you" and "your" shall be construed accordingly).
- "Market Data" means price and trade related data as published by banks, stock exchanges, commodity markets and independent market assessment companies. It includes derived data (prices created using market data available from the website).
- "Metadata" refers to detailed information about a market data price. It includes but is not limited to description, market source, category, vendor, currency, data type, and conversion information.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription(s) will by default renew automatically under the exact same conditions unless you cancel it or we cancel it.
The setting of this automatic subscription renewal feature can be changed through your account control panel on our website or when registering your payment method.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip or post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason or be disabled by the subscriber, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We may from time to time vary the benefits associated with a subscription. We will give you written notice of the variation and providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
Sarus may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Sarus, in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle.
Sarus Limited will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness.
By posting content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the Service, who may also use your content subject to these Terms.
You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree not allow any other person to use your account to access the website.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service, market data and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sarus and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sarus.
All market data (or derivative works based thereon) on or from our web site or Service is not to be redistributed or published in any form without express permission from Sarus or as allowed in your active Service subscription with us.
Please refer to the Fair Use Policy on our website for detailed information on permitted use of the market data.
When you upload content, you give to Sarus a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Sarus business.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Sarus.
Sarus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sarus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Sarus and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Sarus nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The market data provided in the Service and on the website is for reference use only and should not be used in any pricing, trading or commercial activity.
Sarus, its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, is secure or be available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements; or
- the Service is free from missing market data or metadata.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Sarus ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Sarus or any person for whom Sarus is responsible, and even if Sarus has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination by us, your right to use the Service will immediately cease.
If you wish to terminate your account, you may do so using your account control panel on the website. Your Service will stop at the end of your current billing cycle.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination of your account, you will no longer have permission to use the service. All material from our website (including market data and metadata) must be deleted and destroyed. All rights granted by this notice, your subscription or EULA license agreement with us are revoked.
If you have any questions about these terms, please contact us