1.Acceptance of the Terms

These terms of use are entered into by and between You and Sandmark Intelligence L.L.C-FZ, 2529195.01, Meydan Grandstand, 6th floor, Meydan Road, And Al Sheba, Dubai, U.A.E.  ("Company," "we," or "us"). The following Terms govern Your access to and use of sandmark.com, including any content, functionality, and services offered on or through sandmark.com (the "Website") and any mobile app we make available ("App"), whether as a guest or a registered User.

Please read these Terms carefully before You start to use the Website or App. By using the Website or App or by clicking to accept or agree to these Terms if this option is made available to You, You accept and agree to be bound and abide by these Terms. If You do not want to agree to these Terms, You must not access or use the Website or App.

Unless the context otherwise requires, the following terms used in these Terms shall have meanings set out below:

  • (a) “Account” means an account registered with us by a User;
  • (b) “Privacy Policy” means the Company’s privacy policy accessible on the Website or App;
  • (c) “Promotion Terms” means any terms & conditions and/or rules which are supplemental to these Terms with regard to promotions and special offers which may apply to any part of the Services from time to time and such Promotion Terms will form part of these Terms;
  • (d) “Rewards” refers to any promotions and special offers that a User may receive in respect of the Services to which the Promotion Terms apply;
  • (e) “Services”, means (i) the range of services offered by the Company which are described at Schedule 1, which the Company may amend, remove or add to from time to time; and (ii) Users otherwise accessing and/or using the Website or App, including (without limitation) any content, information, services, features or resources available or enabled via the Website or App.
  • (f) “Software” means any (1) computer programs, software code, implementations of algorithms, models, and methodologies, whether in Source Code or object code (2) internet, intranet, and extranet websites (3) databases and compilations, including any data and collections of data, whether machine-readable or otherwise (4) descriptions, flow-charts, and other work product used to design, plan, organize, or develop anything set forth, in any of the immediately foregoing clauses (1) or (2), screens, user interfaces, report formats, firmware, development tools, templates, menus, buttons, and icons and (5) all documentation, including user manuals and other training documentation related to anything set forth in any of the immediate foregoing clauses (1) through (3) inclusive;
  • (g) “Source Code” means computer software and code, in each case in a form other than object code form, including related programmer comments and annotations that can be printed out or displayed in human readable form;
  • (h) “Terms” means these terms of use, and any rules applicable to any product or Service of the Company; and
  • (i) “User”, “You” or “Your” means any person accessing the Website or App.

 

2. General

2.1) The contact details of our Customer Services Team are info@sandmark.com. We may update these details from time to time and our current details will be set out on our Website and App.

2.2) Thank You for visiting our Website or App. These Terms govern Your access to and use of the Services. Please read these Terms carefully before using the Website, App and/or accessing any Services provided by the Company.

2.3) We reserve the right to make changes to our Website or App and all guides and policies included on our Website and App, including these Terms at any time.  Any changes to these Terms will be updated on our Website or App.  Users can see when these Terms were last revised by referring to the “Updated” legend at the beginning of the Terms.  You agree by Your continued use of the Website or App that You accept any new or modified Terms. It is the responsibility of the User to review the Terms for any changes or updates from the initial point of agreement. We therefore suggest that all Users check the Website or App for any changes to the Terms on a regular basis.

2.4) We reserve the right to withdraw or amend this Website or App, and any service or material we provide on the Website or App, in our sole discretion without notice. We will try to give You reasonable notice of any major changes to the services we offer. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict user access, including registered User access, to some parts of the Website or App or the entire Website.

2.5) You are responsible for both:

  • (2.5.1) Making all arrangements necessary for You to have access to the Website or App.

  • (2.5.2) Ensuring that all persons who access the Website or App through Your internet connection are aware of these Terms and comply with them.

     

3. Accessing the Website or App and Account Security

3.1) Certain restricted Services on the Website and App are free of charge, but only available to Users who are eligible and successfully register for an Account for such free Services (“FOC Services”). Other Services on the Website and App are only available to Users who successfully register for an Account for such premium Services and subscribe for our paid subscription plans (“Paid Services”). Users who subscribe for Paid Services must enter into a further agreement which shall apply in addition to these Terms.

3.2) To be eligible to register an Account and gain access to our Services, You must (a) be a natural person who is 18 years of age or older (b) have the power to enter into a contract with the Company (c) be physically located in a jurisdiction in which engaging with the Services is permitted and unrestricted by the country’s laws. We may accept or reject Your application for an Account for any reason at our discretion without any need to provide You with any reasons.  If an Account is opened, we may suspend or close Your Account at any time, for any reason at our discretion.

3.3) When You register for an Account to access the FOC Services, You will also be asked for a valid, working email. You may also be required to provide certain other registration details or other information to create an Account. You represent and warrant that the information You provide to us is true, complete and accurate and not misleading.

3.4) When You register for an Account, You will also be asked to create a password and username which are needed to access Your Account in a secure manner. If You forget either Your password or username, please follow the reset instructions via the Website and App.  You are responsible for all activity processed through Your Account therefore You must ensure You keep Your username and password secure and confidential.  If Your device or our Services offers You to “save” or “remember” Your password, please note that this makes it possible for third parties to access Your Account.  If You do choose to use this feature, it is entirely at Your own risk. If You believe Your details have been compromised, please reset Your Account password and/or contact our Customer Services team.

3.5) We reserve the right at our own absolute discretion, to refuse to accept You for an Account or suspend and/or terminate Your Account at any time and we shall not be obliged to provide You with reason for doing so.

3.6) Please note that the Website and App are available in a number of countries which have different laws. It is Your responsibility to comply with Your own national laws applicable to the use of our Services. We make no representations or warranties, express or implied, as to the lawfulness of Your use of the Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. 

3.7) The Company accepts no responsibility, and shall not be liable for any consequences that are alleged to have occurred through Your misuse of our Services. Notwithstanding any of the other part of these Terms, the Company in its absolute discretion reserves the right to make persons, their households, their entry phone numbers ineligible to further access the Services and to close their Accounts where applicable. The Company may deny access to Your Account if it has reasonable grounds to suspect that You may be in breach of these Terms and/or Your use of the Services may be fraudulent, unlawful or has or may harm in any way the Website, App or other Users.

3.8) You, as the holder of Your Account, are solely responsible for complying with these Terms. You must not allow any other person to (i) access Your Account; or (ii) access Services through Your Account. Neither Your Account nor Your Services are transferable to any other person or Account.  You must immediately notify our Customer Services team of any unauthorised use of Your Account, Your login details, or any other breach or threatened breach of our security or the security of Your Account.

3.9) If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or App or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

3.10) We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms.

3.11) Duplicate Accounts.  By registering, You also verify that You do not already have an Account, as You may only hold one Account.  Duplicate registrations are not permitted.  In the event that we have reason to suspect that a person has made duplicate registrations, all registrations by that person will be cancelled.

 

4. Promotions and Marketing

4.1) From time to time, the Company may offer promotions and Rewards which may be offered to specific Users, at our discretion.  For the latest promotions please see our Website or App.

4.2) Each promotion may be governed by its own set of rules and Promotion Terms, which form part of these Terms.  You must ensure You have read and understood such rules and Promotion Terms before participating. If You cannot find the applicable rules and Promotion Terms of a particular promotion or offer, please visit the FAQ on our Website or App or contact our Customer Services team.

4.3) For more information on the applicable terms and conditions of promotions and Promotion Terms, please check the FAQ page on our Website or App. If You have any questions or require any assistance, please contact our Customer Services team. 

4.4) The Company reserves the right to review transaction records and logs from time to time, for any reason whatsoever.  If upon such review it appears that User(s) are participating in strategies that the Company in its sole discretion deems to be abusive, or fraudulent which in the Company’s opinion constitute an Abuse, the Company reserves the right to revoke the entitlement of such player(s) to any Rewards including, but not limited to, any referral promotion.

4.5) The Company reserves the right to change the specific terms and conditions of the offers and Promotion Terms at any time.  It is each User’s responsibility to periodically check for changes and updates in the FAQ, on our Website or App.

4.6) In the event of a dispute regarding any promotions or special offers, the decision of the Company management is final.

 

5. How You may use material on our Website/App

5.1) We are the owner or the licensee of all intellectual property rights on the Website/App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2) You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.3) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
  • You may store files that are automatically cached by Your Web browser for display enhancement purposes.
  • You may print off one copy, and may download extracts, of any page(s) from our Website or App for Your personal use and for no other purpose.
  • If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, You may take such actions as are enabled by such features.

5.4) Our status (and that of any identified contributors) as the authors of content on our Website or App must always be acknowledged (except where the content is user-generated).

5.5) You must not use any part of the content on our Website or App for commercial purposes without obtaining a formal written licence to do so from us.

5.6) If You print off, copy, download, share or repost any part of our Website or App in breach of these Terms, Your right to use our Website or App will cease immediately and You must, at our option, return or destroy any copies of the materials You have made (except that You are permitted to print off a copy of these terms of service).

 

6. No text or data mining, or web scraping

6.1) You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or App or any services provided via, or in relation to, our Website or App for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

  • (6.1.1) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Website or App or any data, content, information or services accessed via the same.
  • (6.1.2) Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

6.2) The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

6.3) You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our Website or App or any services provided via, or in relation to, our Website or App for the purposes of developing, training, fine-tuning or validating any AI system or model. This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

 

7. Acceptable Use and User Responsibilities

7.1) Rules of Conduct.  You are personally responsible for Your use of the Website, App and all other Services and whilst doing so, You must conduct Yourself in a lawful and respectful manner in accordance with the Company’s rules of conduct set out in these Terms, set out on the Web or App or otherwise issued by the Company from time to time.  We may at our sole discretion temporarily or permanently suspend Accounts and ban Users who violate these rules, or who abuse email or support communications, as determined by us in our sole discretion. In particular, the following actions are not acceptable: 

  • (7.1.1) Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
  • (7.1.2) You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
  • (7.1.3) Do not share personal information with other Users.
  • (7.1.4) You may not attempt to participate in any Service by means of automatic, macro, programmed or similar methods.
  • (7.1.5) You may not commit fraud with regard to any Service.
  • (7.1.6) You may not attempt to impersonate or deceive another User for the purposes of illicitly obtaining cards, passwords, account information etc. (aka scamming).

7.2) Usernames must not be offensive or illegal. We reserve the right to edit a User’s username at any time.

7.3) Your Commitment. Abusive and offensive language by You with the Companies’ staff or contractors will not be tolerated.  In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company’s operation in any media or forum.  Any violation of this policy may result in the temporary or permanent suspension of Your Account and use of the Services and/or such other action as may be reasonably required by us.

7.4) In accessing Website, App or using the Services, You represent and warrant to us that You will not engage in any activity that interrupts or attempts to interrupt the operation of the Web, App or Services.

7.5) Anyone who engages in, participates in, or displays behaviour that may be interpreted, in our sole discretion, as unfair methods of using the Services, including but not limited to, the opening and/or use of multiple Accounts, the use of unauthorised or altered software or hardware to assist in using the Website or App (e.g., bots, bot nets, and collusion with bots), acts which may constitute money laundering, breach of these Terms, breach of security of Your Account (collectively, "Abuse"), may be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: immediate termination of Your Account and blocking of Your access to the Website, the App and Services. In addition to the foregoing, we reserve the right to disclose or report any activity to law enforcement and regulatory authorities.  Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against You and/or any of Your co-conspirators arising out of or related to Your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable legal fees) in connection with such efforts.

7.6) User Responsibility. In consideration for us allowing You to access the Services, You represent and warrant to us (and acknowledge that we rely on these representations and warranties) as follows:

  • (7.6.1) Your use of the Services is personal and not professional on behalf of any trade, business or other organisation; and
  • (7.6.2) You are solely responsible for the acquisition, supply and maintenance of any Devices, all of the computer equipment and telecommunications networks and Internet access services and all other consents and permissions that You need to use in order to access our Website, Apps and Services. 

 

8. Proprietary Rights

8.1) All the material on our Website, App and Services, including but not limited to the content, text, graphics, photographs, pictures, sounds, data, images, audio and video clips (“the Material”) are the exclusive property of the Company and/or our licensors.  The Material, including compilation, selection, presentation, and arrangement thereof, is protected by laws and agreements on copyright, moral rights and other intellectual property rights. 

8.2) We grant You limited, non-exclusive, non-transferable, non-assignable, non-passable, and revocable permission to use the Materials as is strictly necessary for the purpose of using the Services for Your personal use in accordance with the Terms. The Materials is not sold or otherwise transferred to You and remain the property of ours or our licensors and You have no other rights to use or exploit any of the Materials. You may only use the Material for Your personal use and reproduce extracts of the Material for strictly personal purposes, without prejudice to the copyright in works featured in the Material.  The use of the materials is limited in scope and any other form of use (including in particular, reproduction, translation, alteration, modification, distribution, transmission, re-publication, display, broadcast or public representation of the Material) is strictly forbidden.

8.3) The Company’s and its associated companies’ names, logos and Software, including any algorithms and databases and any other graphics, logos, trademarks and Software used by us and our associated companies, are protected by the laws and agreements on intellectual property.  Our trademarks must not be used in association with the products or services of a third party or in a manner which could, either directly or indirectly defame or discredit us or a third party.  All other trademarks and trade names appearing on our service (including names of products belonging to third parties) remain entirely the intellectual property of their respective owners.

 

9. User Contributions

9.1) The Website or App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or App. All User Contributions must comply with the Content Standards set out below.

  • (9.1.1) You warrant that any such contribution complies with those standards, and You are liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage we suffer as a result of Your breach of warranty. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website or App.
  • (9.1.2) Any User Contribution You post to the Website or App will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or App, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assignees a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to Your account settings.
  • (9.1.3) We have the right to remove any posting You make on our Website or App if, in our opinion, Your post does not comply with the content standards set out below.

9.2) Our Website or App may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website or App do not represent our views or values.

 

10. Content Standards

10.1) These content standards apply to any and all User Contributions and use of any Interactive services. User Contributions must in their entirety comply with all applicable laws and regulations in any relevant jurisdiction. Without limiting the foregoing, User Contributions must not:

  • (10.1.1) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • (10.1.2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • (10.1.3) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • (10.1.4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • (10.1.5) Be likely to deceive any person.
  • (10.1.6) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • (10.1.7) Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
  • (10.1.8) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • (10.1.9) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

     

11. Services and Software

11.1) We may, with or without notice to You at our sole discretion: (i) modify, suspend or terminate Your access to the Website, App, Services and/or any part of the Software; and (ii) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work, whether on a routine or emergency basis.

11.2) The Company is not liable for any technical failure in relation to the Internet and mobile carriers or any third party services or any other technical infrastructure that results in interference in Your use of the Services.

11.3) You are not allowed to use any sort of code, program, bot or artificial intelligence (each a “Software Aid”) in connection with Your use of the Services.  We constantly review the use of the Services in order to detect the use of any Software Aid.  In the event that we have reasonable suspicion that any Software Aid has been used, we reserve the right to take any action we see fit, including immediately blocking Your access to the Services, suspending or terminating Your Accounts, and/or seizing any money held in such Accounts.  Users should report suspected Software Aid usage to our Customer Services.

11.4) Without prejudice to clause 11.3, in relation to the Website, App and Services, the following is prohibited:

  • (11.4.1) to use any tools that may adversely affect the operation of the Website, App or Services or that would be intended to take advantage of errors, bugs or other deficiencies of the Website or Services;
  • (11.4.2) to circumvent geographical restrictions of availability or any other technical restrictions;
  • (11.4.3) to make copies or back-ups of the Website, App or any Materials;
  • (11.4.4) to reverse-engineer, decompile, disassemble or otherwise modify the Website, App, Software or Materials;
  • (11.4.5) to sell, rent, lend, license, distribute, reproduce, spread, stream, broadcast or use the Services or other Materials otherwise than as permitted;
  • (11.4.6) to use automated means to view, display or collect information available through the Website, App or Services; and 

  • (11.4.7) to use any other tools or means the use of which could cause any damage to us. 

     

12. Disclaimers

12.1) The Website, App, Services, Materials, and Software are provided to You on an “as is” basis, without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights. The entire risk as to the use, quality and results of the Services lies with You. In addition, any security mechanism included on our Website, App or in the Software have inherent limitations, and You must determine that they meet Your requirements.

12.2) The User is solely responsible for verifying the information as being accurate and appropriate for their personal use. The information is not to be deemed as advice or relied on as such. The Company makes no guarantee as to the quality, accuracy or completeness of the information provided and shall not be held responsible or liable for any errors or omissions in the information, or for any losses or liabilities arising out of the User’s reliance on the information.

12.3) Personalized services packages, while curated in accordance with Users’ desired topics and so on indicated at registration, are not based on any circumstances of the particular individual User and should not be relied on as such. The Company shall not be held responsible or liable for any losses arising out of such reliance and use.

12.4) All content and information on our Services is presented only as of the date published or indicated on the materials and may be superseded by subsequent market events or other reasons and should not be relied on as current and up to date when being utilised. The Company makes no guarantee that all information provided is up to date and shall not be held responsible or liable for any losses arising out of reliance on the materials as up to date.

12.5) If You are using any third party equipment, devices, software or services (collectively, the “third party services”) in connection with Your use of our Services or the Software, the entire risk as to the quality and performance of such third party goods/services shall at all times rest with You. Should such third party goods/services prove defective, You assume the entire cost of all necessary repairs or corrections.

12.6) You acknowledge and agree that the Services are a passive conduit for any user content and that we do not pre-screen user content or communications.  We do not control, verify or pay for any user content or communications.  We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content.  In addition, we may terminate Your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part.  Abusive and offensive language will not be tolerated on our chat boards, our social media platforms or otherwise by You with the Company’s staff or contractors.  In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company’s operation in any media or forum.  Any violation of this policy may result in the temporary or permanent suspension of Your account and use of the Services and/or such other action as may be reasonably required by us.

12.7) None of the Services provided to You by us can be considered any kind of investment or financial service in accordance with any applicable laws. We only provide information on a generic basis and not tailored to Your specific needs or situation and Your use or reliance on that information entirely at Your own risk.  None of the Services constitute investment advice or recommendations. No employees, staff, or representatives that are connected with us are authorized to provide investment advice or recommendations. Should any information or statement of any employee, staff, or representatives of us be interpreted as investment advice or recommendations, we explicitly disclaim that the same is investment advice or recommendations and shall not be responsible for them. You shall be solely responsible with respect to the Company for any opinions, recommendations, forecasts or other conclusions made or actions taken by You or any other third party based on Your use of the Services.

12.8) The Website, App and Services may contain / feature advertisements to third party websites and services operated by third parties other than the Company (the “Third Party Advertisers”). Such advertisements may include, without limitation, ad banners, webinars, offers to register to third party services, “trade now” buttons, directories, sponsored articles, press releases, or such other hyperlinks throughout the Site, and may also include email communications including third party offers . You acknowledge that the Company may be compensated for such advertisements, including compensation which is based on Your interaction or engagements with the advertisements or services. 

12.9) For the avoidance of doubt, the Services do not involve any regulated activity and therefore are not subject to the supervision of (or protection afforded by) any financial services regulatory body. 

 

13. Limitation of Liability

13.1) Nothing in these Terms shall limit or exclude the Company’s liability for fraud, death or personal injury caused by our negligence or any other liability to the extent that it is unlawful to limit or exclude such liability under applicable law.

13.2) To the fullest extent permitted under applicable law, we, together with our licensors or suppliers, will not be liable to You or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits, lost data or loss of goodwill), or incidental damages, arising out of or in connection with the Services, the Website, the App or any information, Services or Software made available or accessible to You. 

13.3) To the fullest extent permitted by applicable law, any claim which You may bring against the Company must be brought no later than sixty days after the date of the event giving rise to the claim, and You hereby irrevocably waive any right to bring any claim not brought within such time period.

13.4) We may provide links to websites which are not controlled by Us. These websites shall be subject to their own terms and conditions which You must review and You access those websites at your own risk. The Company does not accept any responsibility for such websites and hereby excludes any liabilities for any claims or losses that may be incurred as a result of their use by You. 

13.5) Hyperlinks to Third Party Advertisers are provided for your reference and convenience. You agree not to hold the Company responsible for the content or operation of such websites. An advertisement on the Site for another website or third-party service provider does not imply that the Company endorses such third party or any content on that website or the operator or operations of that website. The Company is in no way involved in operating the third party websites and services offered therein, and they are subject to separate terms and conditions, privacy policy, copyright notices and license provisions. You are solely responsible for determining the extent to which you may use any content or such website.

13.6) Except as expressly stated in these Terms and with the exception of any of your mandatory statutory rights as a consumer under applicable law, any other conditions, warranties, representations or other terms that may have been expressly given by Us or which might otherwise be implied into, or incorporated in these Terms on behalf of the Company whether by statute, common law or otherwise, are all excluded to the fullest extent permitted by applicable law.

 

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms or Your use of the Website or App, including, but not limited to, Your User Contributions, any use of the Website’s or App's content, services, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Website or App.

 

15. Governing Law and Jurisdiction

15.1) This Agreement and any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) may be governed by and construed in accordance with the law of England and Wales.  You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.  To the fullest extent permitted by applicable law, the Company reserves the right to apply to the court or tribunal in any jurisdiction to obtain any provisional or protective measures as are available under the laws of that jurisdiction at its sole discretion.

15.2) These Terms are written in English and may be translated from time to time.  In the event of any differences between the English version of these Terms and any non-English versions, the English version shall prevail.

 

16. Privacy

16.1) Any personal information You send us will be processed in accordance with our Privacy Policy, which can be found on our Website at https://sandmark.com/privacy-policy.  

16.2) You authorise us, at any time, to use any means that we consider necessary to verify Your identity and creditworthiness with any third party providers of information.

16.3) You agree to indemnify and hold us harmless in respect of the use, disclosure or release of any personal (or other) data pursuant to our Privacy Policy and/or these Terms. 

 

17. Entire Agreement

The Terms and all other documents referenced constitute the sole and entire agreement between You and the Company regarding the Website or App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or App. For the avoidance of doubt, if You subscribe for Paid Services, you will also be bound by a separate agreement in addition to these Terms.

 

18. Claims or Disputes

18.1) If You have any grievance, claim or dispute, please contact our Customer Services team in the first instance who will endeavour to resolve the issue (see above for contact details). 

 

Schedule 1 – Services

Provision of:

third party news reports, educational materials, including guides on how to trade and manage risk, as well as research relating to historical market activity (which includes no forecasts, predictions, opinions or forward-looking value judgements relating to an investment product).