Merrion Capital Group

1. Terms and Conditions of Use
1.1 Your access to and use of the Merrion Stockbrokers' and Merrion Capital Group web site (which includes visiting and/or casual browsing) is subject to these Terms and Conditions of Use. By accessing any part of this site, you are deemed to have accepted these Terms and Conditions of Use in full.
1.2 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these Terms and Conditions of Use, this web site and its use.
1.3 "We", "us" and "our" as used in these Terms and Conditions of Use means Merrion Stockbrokers. Merrion Stockbrokers is a member firm of the Irish Stock Exchange and the London Stock Exchange and is authorised by the Irish Financial Regulatory Services Authority under Section 18 of the Stock Exchange Act, 1995.
2. Services
2.1 We may, at our discretion, provide you with services including online dealing services and information services. Any such services will be provided to you subject to these Terms and Conditions of Use and such other terms and conditions, including our Terms and Conditions of Business, as may apply. You will be provided with a copy of all applicable terms and conditions in advance.
2.2 We reserve the absolute right to terminate, withdraw, restrict, extend or re-introduce any or all of the services and update, alter, suspend or discontinue any aspect of this web site (including your access to it) for any reason and at any time without notice at any time and for any reason and without liability or compensation.
2.3 In the event of termination of your access, you are no longer authorised to access the web site and we shall be under no obligation whatsoever to you. The terms and conditions of each disclaimer and the limitations on liability shall remain binding at all times (including after termination).
3. Access from Ireland Only
3.1 The services are available for use by, and the web site is directed at, [clients of Merrion Stockbrokers resident in Ireland only] [Irish residents only]. Any attempt to access the services in any particular country other than Ireland may constitute an offence in that country. You accept that if you are resident outside Ireland, you must satisfy yourself that you are lawfully able to access the web site and (where applicable) receive the information and/or services (or any part thereof). We accept no liability for any costs, losses or damages resulting from or related to availability of the web site to persons in jurisdictions outside Ireland.
4. Use of Information
4.1 No information contained or opinion expressed in this web site is intended or should be regarded as an offer or solicitation by Merrion Stockbrokers to buy, sell or otherwise deal in any particular investment.
4.2 All information on this web site is provided solely to assist investors to make their own investment decisions and is not intended to and does not constitute personal recommendations to buy, sell or otherwise deal in investments. The investments and investment services referred to on the web site may not be suitable for all investors and you should not in any way rely on any information contained on the web site without taking investment, taxation and/or other professional advice.
4.3 This web site has been prepared by Merrion Stockbrokers on the basis of publicly available information, internally developed data and other sources believed to be reliable. Opinions constitute our judgement and are subject to change. While care has been taken in the preparation of the information contained in this web site, the information contained in this web site is of a general nature and has not been tailored to your particular financial needs or circumstances. In all cases, you have the ultimate responsibility to decide whether any particular investment is relevant or appropriate to your circumstances or needs. You should not in any way rely on any information contained in the web site without taking independent professional advice. Merrion Stockbrokers does not confirm or guarantee the accuracy of such information contained herein and use of such information is at the user's sole risk.
4.4 Information contained in this web site is subject to change without notice and to being updated from time to time. However, we assume no obligation to keep the information on the web site up to date and we accept no liability for any failure to do so.
5. No Warranties
5.1 The web site is provided "as is" exclusive of any warranty whatsoever, whether express, statutory or implied. Specifically, but without limitation, we make no representation or warranty to the adequacy, accuracy, quality or fitness for any particular purpose of products described, pricing, performance data, news, opinions, analysis and other information on the web site. The use of the web site is at all times at the user's sole risk.
6. Hypertext Links
6.1 We may provide hypertext links to Internet sites operated and maintained by third parties. These other web sites are independent of our web site and we have no control over them. The inclusion in our web site of hypertext links to other web sites does not mean that we approve or endorse those web sites. We accept no liability for any information, statements, products or services (including, without limitation, software) that are published on or may be accessible from those other web sites.
7. Security and Delays
7.1 Messages and information passing over the Internet, an open network, may not be free from interference by third parties and should at all times be independently verified and checked. Although we use encryption technology, we do not warrant the security, privacy or confidentiality of any communications between us over the Internet.
7.2 In particular, you understand that data transmitted via e-mail is unprotected and acknowledge that the confidentiality of information transmitted by you to us by e-mail might not be secure.
7.3 Transmission of information over the Internet may be subject to delays beyond our control which may delay provision of the services. Merrion Stockbrokers shall have no liability for any losses or damages arising from such delay.
8. Limitation of Liability
8.1 We will have no liability to you (whether for negligence, breach of contract, misrepresentation or otherwise) for any claims, losses and/or damages of any nature, whether direct, indirect or consequential (including, without limitation, loss of profit, goodwill, business opportunity, anticipated savings or data) arising from:
(a) your use of the web site or any software or materials provided on or downloaded from the web site.
(b) any computer virus transmitted through the web site
(c) the unavailability of or your inability to use the web site at any time or any error in the provision of the web site
(d) any delay or failure of the transmission or the receipt of any instructions, notifications or other communications sent through the web site
(e) your use of e-mail communications to contact or instruct us (including, without limitation, any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication)
(f) your use of any other web site or any third party services or any statement or conduct of any third party
(g) any inaccurate information or opinions published on the web site or your reliance thereon.
9. Suspension of Web Site Access
9.1 We do not guarantee or confirm that operation of the web site will be uninterrupted or error free, or that this web site or the server that makes it available are free from viruses or malicious software. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the web site and to ensure compatibility of any such software or material with your equipment. The nature of the Internet is such that access to this web site may be suspended (whether by us or due to external causes) temporarily or permanently and without notice.
10. Risk Warnings
10.1 The value of investments may fall as well as rise and past performance is not necessarily a guide to future performance. Investments denominated in foreign currencies are subject to fluctuations in exchange rates that may have an adverse affect on the value of the investments, sale proceeds and on dividend or interest income. You should be aware that income from any particular investment may fluctuate from time to time.
10.2 We do not make any personal investment recommendations.
10.3 The services referred to on our web site may have tax consequences. The level of taxation depends on individual circumstances and you should be aware that the rates and bases of taxation may change from time to time. You should bear in mind that we do not provide tax advice and we strongly recommend that you consult your tax adviser to confirm the suitability and consequences of tax-based investment decisions.
10.4 We or any of our connected or affiliated companies or their employees may have a position in any of the securities or may have provided, within the last twelve months, significant advice or investment services in relation to any of the securities or related investments referred to in our research.
11. Intellectual Property Rights
11.1 We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks, trade secrets and design rights whether registered or unregistered) which subsist in the web site, its contents and underlying software.
11.2 You may only use information retrieved from our web site for your personal, non-commercial use. [You may make an electronically stored transient copy of the Merrion Stockbrokers' web site or extracts or parts thereof for the purpose of viewing them offline only but otherwise,] unless expressly authorised by us to do so, you may not change, copy, store, publish, sell, rent, licence or distribute in any way any of the web site, its contents or its underlying software.
12. Privacy and Data Protection
12.1 The Content Form on our web site enables you to request information about Merrion Stockbrokers Ltd and other members of the Merrion Capital Group. You accept that by completing the Content Form and requesting such information you authorise us to use your details to advise you of other products and services which we think you might be interested in (including those arranged by us with other members of the Merrion Capital Group).
12.2 We will comply with our statutory obligations as regards personal information and will make available for inspection by you any such information in accordance with the Data Protection Act, 1988.
13. Severability
13.1 If any or any part of these Terms and Conditions of Use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall be deemed to be severable and shall not affect the validity or enforceability of the remainder.