Terms of Use

March 2015

PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE

These Terms of Use (together with the documents referred to herein) govern how you may make use of this website (‘our site’), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. Please read these Terms of Use carefully before you start using our site. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our site.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Other Applicable Terms

These Terms of Use refer to the following additional terms, which also apply to your use of our site:

The UK REGULATORY NOTICE, which contains important information about this website and Mako Group entities;
Our PRIVACY POLICY which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate; and
Our COOKIE POLICY which sets out information about the cookies on our site.

This site is owned and operated by Mako Europe Ltd, a member of the Mako Group which includes the following companies:

Mako Europe Ltd, a limited liability company registered in England and Wales (with registration number 05015714) whose registered office is at the Mako Group Headquarters;
Mako Global Derivatives Partnership LLP, a limited liability partnership registered in England and Wales (with registration number OC306610), authorised and regulated by the Financial Conduct Authority (FRN 231154) and whose registered office is at the Mako Group Headquarters;
Mako Fixed Income Partnership LLP, a limited liability partnership registered in England and Wales (with registration number OC301401), authorised and regulated by the Financial Conduct Authority (FRN 210887) and whose registered office is at the Mako Group Headquarters;
Mako Financial Markets Partnership LLP, a limited liability partnership registered in England and Wales (with registration number OC306611), authorised and regulated by the Financial Conduct Authority (FRN 231157) and whose registered office is at the Mako Group Headquarters;
Mako Global Investors LLP, a limited liability partnership registered in England and Wales (with registration number OC361320), authorised and regulated by the Financial Conduct Authority (FRN 214498) and whose registered office is at the Mako Group Headquarters; and
Mako Futures US, LP, a limited partnership incorporated in Delaware (with registered number 3318192), and whose registered office is at c/o Corporation Service Company, 80 State Street, New York, NY 12207-2543, and also includes parents, subsidiaries and affiliated companies of the above Mako Group.

See UK Regulatory Notice for further important information. The Mako Group Headquarters address can be found here.

Legal Disclaimer and Limitation of Our Liability

The information provided on our site or in any communication containing a link to our site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mako Group to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in our site constitutes a solicitation or offer by Mako Group to buy or sell any securities, futures, options or other financial instruments or to provide any investment advice or service. Information on our site may be subject to change without notice. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Our site contains links to other companies within the Mako Group. Each site has been approved by the relevant Mako Group entity and may contain additional restrictions on access either to areas of our site or the services provided.

Our site may contain links to other sites which are unconnected with any company within the Mako Group. These links have been provided for informational purposes only. The Mako Group has not reviewed the contents of these sites and is not responsible for linking to or the contents of unconnected sites. Information contained on these sites may be related to an activity that is deemed to be a regulated activity and therefore connection to these sites is made entirely at your own risk.

The Mako Group’s services are only available to market professionals (Eligible Counterparties and/or Professional Clients as defined by the Markets in Financial Instruments Directive (‘MiFID’) and the rules of the Financial Conduct Authority) and may be password protected to restrict access. The Mako Group does not transact business with or for retail customers. Services also may not be available to certain investors due to regulatory or other constraints either in the UK or elsewhere.

Our site is reserved exclusively for non-US persons and should not be accessed by any person in the United States. The information herein is not for the distribution to or for the benefit of US persons.
There may be companies within the Mako Group that may at any time be long or short of any securities or financial instrument mentioned in our site, or act as market maker or otherwise deal or provide, or have provided advice or services, in relation to such securities or financial instruments.

Our site may contain information regarding research undertaken by the Mako Group for the purposes of trading undertaken by any company in the Mako Group, its officers, employees and for distribution to clients. Such research does not constitute investment advice or a solicitation for the purpose of the purchase or sale of securities or financial instruments. Although the research information and opinions expressed on our site were considered valid at the time the information was posted on our site, the Mako Group does not make any representation or warranty as to the accuracy or completeness of this information and any person placing reliance on this information does so entirely at their own risk and the Mako Group does not accept any liability as a result of such reliance.

The Mako Group will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via our site. Neither the Mako Group, nor any of its, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of our site, or resulting from the act or omission of any other party involved in making our site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of our site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Mako Group or of any vendor providing software or services support. In no event will the Mako Group, or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if the Mako Group or any other party have been advised of the possibility thereof.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

In addition to the above exclusions, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use, our site; or
Use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

Loss of profits, sales, business, or revenue;
Business interruption;
Loss of anticipated savings;
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use and any other terms provided to you on the issuance of any security information. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

Data Protection

Any information held by the Mako Group and which is subject to the Data Protection Act 1998 will be held only for the purposes that you have contacted us and for the use of informing you about products and services which we deem may be suitable for you. We adhere to a strict code of client confidentiality and we will not disclose any such information outside the Mako Group except, as we are required by law and regulation. If we transfer your information to a member of the Mako Group outside the United Kingdom we will ensure that the same level of Intellectual Property Rights.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on unrestricted areas of our site. You must not redistribute any of the research or other materials provided on any restricted part of our site or 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. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our Site

You may link to our home page with our prior written consent and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to create a link or make any use of content on our site other than that set out above, please contact us.

Applicable Law

These Terms of Use, their subject matter and the formation of the contract formed hereunder (and any non-contractual disputes or claims) are governed by English law. You agree to the non-exclusive jurisdiction of the courts of England and Wales.