TERMS & CONDITIONS

Below are AmeTrade’s online terms and conditions. The document was drawn up by AmeTrade’s legal specialists and we have been advised to place it on our websites.

While this document may look frightening, most of the terms and conditions exist to protect you (for example, to give assurances about how we will handle the information you give to us) and to protect AmeTrade, Inc. (for example, if people attempt to hack into the AmeTrade, Inc website). 

Some words and phrases in these terms and conditions have a technical meaning.  We have included definitions of them in the Glossary, and where we use them here they have initial capitals (eg “Online Services”).  The Glossary forms part of these terms and conditions.

Use of the Online Services

1- Your licence to use the Online Services
1.1 The Online Services are made available for your private or personal use, or otherwise in pursuit of AmeTrade, Inc’s charitable objects, subject to our Terms.

1.2 You may not attempt to:
    (a) interfere with the proper working of the Online Services,
    (b) circumvent our security measures or tamper with, hack into, or otherwise enter any of our electronic equipment.

2- Terms of licence
2.1 We offer our Online Services for your convenience and ours.
2.2 We may change our Terms or stop offering the Online Services at any time, for any reason.

3- Responsible use of the Online Services
3.1 You undertake to use reasonable care not to:
    (a) introduce any material to the Online Services that breaches any applicable law (whether civil or criminal) or creates a liability under any applicable law (whether civil or criminal),
    (b) introduce any immoral, offensive or other inappropriate material to the Online Services, and
    (c) seek to use the Online Services outside the terms of the licence we grant to you, or to gain unauthorised access to the Online Services by any means.

3.2 You undertake to use utmost care to ensure that:
    (a) all details you give us for making payments using the Online Services are correct, and
    (b) any Account you use to make payments using the Online Services has sufficient funds or credit facilities to cover the payment you make.

3.3 When you submit material for public posting via the Online Services, you licence us to post all or part of the material you supply on an exclusive, royalty free basis and for a perpetual term.  We reserve the right to decide not post the data, to amend the data and to remove it.

3.4 Some of the Online Services (for example, discussion boards) enable third parties to publish material via the Online Services.  You acknowledge and accept that we do not control or endorse posted material in any way.  Please contact us at info@ametrade.com to express concerns about material published via the Online Services.  We will make reasonable efforts to monitor such material but we exclude responsibility for it to the extent permitted by applicable law.

3.5 If you let someone else use the Online Services via your username and password you are responsible for their use.
3.6 We reserve the right to destroy or return Messages if we cannot identify the sender or caller.

4- Our content
4.1 Although we will use reasonable efforts to keep the content on the Online Services complete and accurate we do not guarantee it will be complete and accurate.

4.2 Once we have put content onto the Online Services we will not normally try to keep it up to date.  This applies particularly (but not exclusively) to archived content on the Web Services.

4.3 When we make available guidelines or instructions for carrying out activities you must not rely on them as stating best, recommended or safe practice.  Before you engage in such an activity you should consult an appropriately qualified independent adviser.  See condition 7.2.

5- Termination of licence

5.1 We can suspend or terminate your licence to use the Online Services, or bar you from using the Online Services, in each case at any time and for any reason and without giving any reason.

5.2 If we suspend or terminate your licence or bar you, it will take effect immediately.

5.3 We may refuse any request by you to register for Subscriber Services.

6- Our liability
6.1 If we are liable to you for any reason, our liability will be limited to £10.  (This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.)  In view of the fact that we provide the Online Services free of charge, you agree that this limit is reasonable.

6.2 We accept no liability in the event that you do not follow our advice in condition 4.3, above.

7- Websites linked to ours
7.1 We outsource some of the Online Services, which means those services will be provided to you by another organization.  It is important to distinguish between outsourced Online Services (for which we take some responsibility) from links between our Online Services and all other services provided by third parties, for which we take no responsibility.

7.2 We will give you clear indication when you are using outsourced Online Services.

7.3 All the Online Services are controlled by us from our office in Miami, Florida - USA.

8- General
8.1 Click here for general contact details and information about our regulators.

8.2 If any provision of these terms and conditions is declared illegal, invalid or unenforceable for any reason whatsoever, that provision will be deemed to be deleted from them without affecting the other terms.

8.3 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

8.4 Except in respect of a payment obligation, neither you nor AmeTrade, Inc will be held liable for any failure to perform any obligation due to causes beyond your or our respective reasonable control.

8.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.

8.6 English law applies to these terms and conditions, notwithstanding the jurisdiction where you are based.  It is agreed that the courts of England have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these terms and conditions.  The place of contractual performance and commission of tort by you or us is England.

8.7 If you visit our website from another location you are responsible for satisfying yourself that you can lawfully use the Online Services.

9- Confidential information
9.1 If we mark anything as being confidential you must treat it as being confidential to AmeTrade, Inc.  You must not disclose it to anyone else without our prior written consent.  We will do likewise if you mark anything as being confidential.

9.2 You are solely responsible for all use of and for protecting the confidentiality of any security information (for example, a username and password) needed for access to the Online Services.  If the confidentiality of your username or password is breached you should notify AmeTrade, Inc. so that we can cancel the breached account.  If you want to share access with someone else (for example, a minor) or run an account for a group of people we recommend that you register a separate username and password.