Our privacy policy
1. PURPOSE
Access and use of this site, all or part of the CaSys platforms and web applications (each a “Site” and collectively the “Sites”) and all services made available via a Site and including reports by email, from time to time (the “Services”) are granted by CaSys Technologies subject to the terms and conditions set forth herein. Please read the Agreement carefully before accessing or using any Site or Services. The Client's attention is particularly drawn to the indemnities, limitations and exclusions of liability, as well as the rights of control and registration relating to the access and use of the Sites and/or the Services by the Client.
The Contract is concluded between CaSys Technologies and the Client. Access to the Site or the Services is only authorized if: (i) the Framework Contract, where applicable, has been signed by the Client on paper; or (ii) the T&Cs have been signed electronically. The T&Cs will be concluded electronically when a User, acting for and on behalf of the Client, indicates the Client's agreement to these terms by "clicking to accept" on any introductory screen when accessing the Site. People who access the Site are referred to in these T&Cs as “User”. By accessing the Site and/or the Services, you declare, as a User, to be duly authorized by the Client to:
(a) access the Site and/or the Services on his or her behalf;
(b) bind Customer to any Transaction, Instruction or other action executed through the Site in connection with the Services and any transaction agreement;
(c) sign and accept the T&Cs for and on behalf of the Customer, when you click to accept these terms on behalf of the Customer.
As a user, you agree that:
(a) you will not exceed or violate any limit or condition of your authority;
(b) you will observe and comply with all applicable laws and all provisions of the Agreement that are relevant to Users.
To the extent that there is an inconsistency between the T&Cs that the Customer has signed on paper and the T&Cs presented to Users on a Site and which Users are required to accept electronically in order to access the Site, the provisions set out in the executed T&Cs or the paper copy of the T&Cs will control, except to the extent that such inconsistent terms are communicated in accordance with clause 10 of these Terms of Use. To the extent that there are any inconsistencies between the TOS and any applicable Master Agreement, the terms of the Master Agreement shall control.
2. SCOPE AND ACCEPTANCE
2.1 The Site and the Services are provided by or on behalf of CaSys Technologies. The execution of the Contract, in electronic and/or paper form, will give rise to a contract legally relating to the terms and conditions contained in the Contract between the Client and CaSys Technologies.
2.2 Access or use of certain features of the Site, receipt of certain Services or completion of certain categories of Transactions and/or Instructions may be subject to Special Conditions. Any applicable Specific Terms will be presented to you in due course or posted on the Site.
2.3 In relation to a Transaction and/or Instruction, the relevant Transaction Agreements shall prevail in the event of any inconsistency with any provision of the Contract. Subject to the foregoing, in the event of inconsistency between the Special Conditions, these Conditions of use of the CaSys Platform and any Transaction Agreement concerning access and use of the Site and/or the Services:
(i) clause 3 of these Platform Terms of Use will prevail over any conflicting terms in the Specific Terms;
(ii) in all respects, the Special Conditions will take precedence over these Conditions of Use;
(iii) the Agreement will take precedence over any Transaction Agreement.
2.4 The Client will ensure that only Users authorized by the Client will have access to the Site.
2.5 Except with respect to Applicable Laws with which CaSys Technologies is required to comply, Customer is solely responsible for compliance with all Applicable Laws, including (if applicable) suitability requirements, preparation and/or the filing of one of its reports to the competent authorities and the keeping of adequate records to be kept by the Client concerning the access of its Users to the Site and the use of the CaSys Services.
3. ACCESS AND SECURITY
3.1 Access to the Site and Services is protected by the access and security measures described in this Clause 3 and may be subject to additional access and security measures described in the applicable Specific Terms.
3.2 The Client may request that employees or other persons acting on their behalf be granted access to the Site. The Client guarantees that all individuals designated to CaSys Technologies to access the Site are duly authorized to use the Site and the Services, and to enter into Transactions or give Instructions on behalf of the Client or the Principal (if applicable), in accordance with the Agreement. To avoid any ambiguity, all actions taken by Users via the Site and/or Services, including issuing Instructions and executing Transactions, will bind the Client.
3.3 The Client may (if applicable) request one or both of the following methods for granting and managing access to the Site for Users.
3.4 In each case, CaSys Technologies may, at its sole discretion, choose whether or not to grant the Client such access provisions.
3.5 CaSys Technologies may, at its sole discretion in each case, grant access to all or part of the Site(s) and/or Services to the Client or an authorized User notified to CaSys Technologies in accordance with Clause 3.3 of these CaSys Platform Terms.
3.6 If the Client requests or has already requested and obtained site administrator approval, the Client must provide satisfactory evidence to CaSys Technologies (at CaSys' sole discretion) that the site administrator has the necessary authority to act as a site administrator in accordance with the Agreement. If CaSys Technologies allows the Client to use the Site Administrator Agreement, then:
(a) CaSys Technologies is entitled to treat an instruction from a Site Administrator to grant access to a User as if it came from the Client; and
(b) the Client will be responsible for all decisions and actions of a Site Administrator as if the Client had made the decisions and carried out the actions themselves.
3.7 The Client and any relevant site administrator will ensure that:
(a) only Users to whom Access Details have been provided will access or use (or attempt to access or use) the Site and Services;
(b) each User must use the Site and Services only for authorized purposes;
(c) each User is at all times:
(i) authorized to act as a User and use the Site and Services in accordance with the Agreement, and
(ii) a natural person to whom it is appropriate to grant access, given the nature of the Site and Services;
(d) Access Details (other than authorization devices) are strictly confidential, and authorization devices are securely stored.
3.8 The Client will be solely responsible for the confidentiality, security, and use of all Access Details.
3.9 CaSys Technologies reserves the right (without liability to the Client or Users) to suspend access to the Site (or any part thereof), including, but not limited to, suspending the Access Details concerning the Client and/or User at any time during the period(s) it deems appropriate at its sole discretion if:
(i) the suspension is necessary for maintenance purposes (routine or emergency);
(ii) for security or technical reasons; or
(iii) the suspension is necessary to prevent or reduce any material damage or disadvantage to either Party.
CaSys Technologies will make reasonable efforts, when the applicable law allows, to inform the Client of such suspension.
3.10 The Client must implement and maintain all reasonable security procedures and measures (including those set forth in any applicable Documentation) to protect the Site, the Equipment, and the Services from unauthorized access, as well as any system or equipment accessible through the Site and/or Services, against unauthorized access, alteration, destruction, corruption, or loss.
(i) If Access Details or security procedures are lost, misused, disclosed, or become known to anyone other than a User or an employee of the Client who needs to know them, or
(ii) if Access Details have been stolen, or
(iii) there is a failure to comply with CaSys Technologies' instructions and guidelines, or
(iv) the Client has not received a message from CaSys Technologies indicating that an Instruction, order/request, or confirmation related to a Transaction or otherwise has been received and/or accepted by it.
3.11 When email is used as a communication means between the Parties, the Client acknowledges that these means are not secure and accepts the risk that the security of data sent via this method may be compromised, including the loss of data. The Client acknowledges that using public domain email addresses (including, but not limited to, "Gmail" or "Yahoo" email addresses) significantly increases this risk, and by choosing to use a public domain email address in any communication with CaSys Technologies, the Client accepts this increased risk.
3.12 If a User ceases to be an employee or otherwise in the service of the Client or authorized to act by the Client, or if CaSys Technologies notifies the Client that it is terminating the right to access and use the Site, the Client must:
(i) immediately notify CaSys Technologies in writing (unless the Client has already received notification of such termination) and ensure that the User ceases to access and use the Site and Services, and
(ii) promptly return any Authorization Device issued to that User by CaSys Technologies.
3.13 When use or access to the Site, Services, or Equipment, or any Transaction and its execution, or any Instructions, orders/requests, or other communications made via the Site or Services, is undertaken using Access Details ("Client Activity"), the Client will be responsible for all Activities and will be bound by all Transactions, Instructions, and/or other agreements made with CaSys Technologies or any expenses incurred by CaSys Technologies on behalf of the Client, unless the Client’s activity occurs after they have:
(i) informed CaSys Technologies of any loss, misuse, disclosure, or theft of the relevant access details under Clause 3.11 of these CaSys Platform Terms, or
(ii) given CaSys Technologies notice regarding the relevant user under Clause 3.13 of these CaSys Platform Terms, and (in each case) CaSys Technologies has had a reasonable period to act upon the same.
3.14 Without prejudice to the generality of the foregoing, the Client and Users each acknowledge that there are security, confidentiality, and other risks associated with access to and use of the Site and Services, including, but not limited to:
(a) system, hardware, software, communication, or network failures, including, but not limited to, communication functionality;
(b) user errors, whether in the operation of the Site, entering transaction information, or using the Services;
(c) misuse or unauthorized use of Access Details and unauthorized routing of orders;
(d) system failures, processing errors, software defects, user errors, hardware failures;
(e) capacity deficiencies, network vulnerabilities, control weaknesses, security gaps, sabotage, eavesdropping, malicious attacks, phishing attacks, hacking incidents, fraudulent conduct, and defective recovery;
(f) the introduction of viruses, spyware, or other harmful components that could interfere with the Site, Services, or the Client’s or CaSys Technologies' computer systems, leading to (among other consequences) inability to access the Site; enter into Transactions; issue Instructions; Transactions being executed or Instructions issued fraudulently or otherwise without consent or authorization; delays, failures, or inaccuracies in executing Transactions or communicating Instructions; defects or inaccuracies in notifications, acknowledgments, or confirmations related to Transactions or Instructions; theft, loss, or diversion of data, passwords, confidential or commercially sensitive information; system failures; or otherwise resulting in losses, damages, service interruptions, or other security vulnerabilities. By choosing to use the Site and Services, the Client agrees to bear all such risks, unless CaSys Technologies is held liable under Clause 9 of these CaSys Platform Terms.
4. COMMUNICATION FUNCTION
4.1 This Clause 4 applies only to the extent that the Communication Feature is made available to the Client through the Site.
4.2 The Client may request access and use of the Communication Feature, and upon such request, CaSys Technologies may, at its sole discretion, grant the Client access to this Communication Feature.
4.3 CaSys Technologies reserves the right to suspend or cancel the Client's or any User's access to the Communication Feature at CaSys' sole discretion and without prior notice to the Client or the User.
4.4 Unless otherwise stated in the Specific Terms, the Client and Users may not and will not attempt to conclude Transactions or send orders or Instructions (whether in relation to Transactions or otherwise) using the Communication Feature. Without prejudice to any rights or remedies of CaSys Technologies under the Agreement or applicable law (including, but not limited to, Clause 4.3 of these CaSys Platform Terms), if a Client attempts to conclude a Transaction or send an Instruction (whether related to Transactions or otherwise) using the Communication Feature, CaSys Technologies will be entitled (at its sole discretion) to accept or reject such orders or instructions.
4.5 The Client and Users agree to grant CaSys Technologies a worldwide, perpetual, royalty-free, irrevocable, and transferable license to use, copy, modify, reproduce, display, and distribute any Communication Material in any manner chosen by CaSys. Notwithstanding the foregoing, when a User chooses to upload an image or photograph to create a link to their user ID (a "User Image"), this license only extends to the use of that User Image on the site.
4.6 Users will ensure that User Images are appropriate for use on the Site and are not obscene, offensive, defamatory, or abusive, and guarantee that CaSys Technologies’ use of the User Images will not infringe any third-party rights, including intellectual property rights.
4.7 The Client and Users must not use the Communication Feature in any way or transmit or upload any material or link to any material that is false, fraudulent, inaccurate, or misleading, obscene, offensive, defamatory, abusive, or in violation of third-party rights (including intellectual property rights) or applicable laws.
4.8 The Client and Users agree to use the Communication Feature solely for communication purposes in the context of the Services.
4.9 The Client and Users acknowledge that the Communication Feature is accessible to internal CaSys Technologies users from various operational units, some of whom may not be authorized to access information that, if disclosed, could have a significant impact. The Client and Users agree not to include any Non-Public Material Information in any Communication Material.
4.10 The Client and Users acknowledge and accept that CaSys Technologies may monitor and record the use of the Site and any Communication Material.
4.11 CaSys Technologies reserves the right to remove, without notice, any material from the Site that, in its sole discretion, is objectionable or violates the Agreement, third-party rights, or applicable laws.
4.12 The Client and Users acknowledge that CaSys Technologies has no obligation to read, confirm, follow up on a request, or otherwise respond to any communication made via the Communication Feature. Accordingly, the Client and Users acknowledge that all communications requiring urgent attention from CaSys Technologies should be communicated to the relevant team within CaSys Technologies through other means, such as by phone.
4.13 CaSys Technologies disclaims any liability for the content or transmission of any Communication Material, and without limiting Clause 9.6 of these CaSys Platform Terms, the Client must indemnify and hold CaSys Technologies harmless from any third-party liability, claim, cost, loss, or damage incurred by the Bank or any other CaSys Technologies member due to the Client’s or any User’s use of the Communication Feature.
5. CONPLIANCE
5.1 All rights, titles, interests, and IP on the Site, Services, and Materials are owned by CASYS Technologies or its licensors. CASYS Technologies shall handle all claims, disputes, and proceedings related to such IP (including any proceedings in which the Client is a party) (each, a "Claim"). CASYS Technologies shall decide, at its sole discretion, what action (including litigation, arbitration, or settlement), if any, to take regarding the Claims. CASYS Technologies shall not be obligated to initiate or defend any proceedings related to such IP.
5.2 The Client and Users may use, display, download, and print copies of the Materials for authorized purposes. However, any other use or distribution of the Materials (in whole or in part by any means) is prohibited without prior written permission from CASYS Technologies. Furthermore, the Client must ensure that neither they nor their Users, employees, or agents remove or alter any copyright or other notices displayed on the Materials or their copies.
5.1 Unless otherwise stated in this clause 5, the Client and Users must treat Confidential Information as confidential and must not (except as permitted by the Agreement or when authorized or required by applicable law) use or disclose it to anyone or allow its disclosure.
5.2 This clause 5 will survive the termination of the Agreement for a period of 5 years. Nothing in the Agreement shall be deemed to limit the effect of applicable laws protecting IP and the confidentiality of Confidential Information after the expiration of this period.
6. EXTENTE AND LIMITATION FOR MATERIALS
6.1 CaSys Technologies may provide on or through the Site, the Services, or any related tool or feature, information, data, and other general content such as general market studies and analyses ("Materials"). In doing so, CaSys Technologies will make all reasonable efforts to ensure that the Documents are compiled from sources that CaSys Technologies believes to be reliable and accurate. However, CaSys Technologies makes no representations, express or implied, that the content of the Documents or any opinion based on them and contained in the Documents is accurate or complete, and the Documents may be incomplete or condensed and may be modified without notice.
6.2 The Documents are of a general nature and cannot and do not take into account the financial situation or investment objectives of the Client or Principal, and in the case of Documents prepared solely for marketing purposes, they do not constitute an offer or solicitation to engage in a trading strategy or to buy or sell financial instruments. Given the general nature of the Documents, the information included in the Documents does not contain all the elements that may be relevant for the Client or Principal to make an informed decision regarding the strategies or financial instruments discussed herein.
As a result, nothing in the Documents may be interpreted as personal recommendation or investment advice and should not be the sole basis for the Client or Principal’s assessment of any Transaction. The Client acknowledges and agrees that they and any Principal will make an independent decision when entering into a Transaction. When evaluating the merits and suitability of any Transaction, the Client or Principal must duly consider the legal, tax, accounting, regulatory, financial, and other aspects of it. The Client or Principal must carefully examine, among other things, their eligibility to enter into transactions and issue instructions under the applicable law in any relevant jurisdiction and must review any specific risk disclosures included, attached, or linked to specific documents or contained in any transaction agreement or Special Terms. The Client or Principal must also be aware of and responsible for complying with any specific short-sale restrictions that may apply under applicable law.
6.3 Except to the extent that such liability cannot be excluded or limited by applicable law and subject to Section 9 of these CaSys platform terms, CaSys Technologies:
(i) assumes no obligation and accepts no liability (express or implied) to any person regarding the Materials; and
(ii) hereby excludes any liability for any losses that may be incurred or suffered by any person in relation to the Materials or their use, including the consequences of reliance on any opinion or statement contained in these materials or any errors or omissions in them, whether negligent or not.
7. LINKS
"7.1 The Site may contain links to other websites, which in turn may contain material produced by independent broadcasters or providers not affiliated with CaSys Technologies. CaSys Technologies has no control over these other websites and accepts no responsibility for the information or content provided, or opinions expressed, on these websites."
8. DATA PROTECTION
8.1 You acknowledge that, subject to applicable laws, we may, as the data controller (as that term is defined in data protection legislation):
(a) record, store, use, and otherwise process records and information about you and any User, including Personal Data or special categories of Personal Data referred to in Articles 9 and 10 of Data Protection Legislation, that is disclosed to CaSys Technologies, by or on your behalf; and use and otherwise process information about your accounts, Transactions, and Instructions;
(b) To the extent that the GDPR applies, the Data Protection Notice sets out CaSys Technologies' obligations as well as your rights and those of your User regarding this collection and use, and provides the legally required information in this regard, including information about the legal basis for processing, the sources and categories of Personal Data collected, the categories of recipients of the Personal Data, and the criteria used to determine how long the Personal Data will be retained.
8.2 Before using the Sites or Services, you agree and warrant that you have informed your Users of the Data Protection Notice, and you acknowledge that CaSys Technologies may process your Users' Personal Data as stated in these CaSys Platform Terms.
8.3 Except as required by law or contract, you and the Users are under no obligation to provide Personal Data to CaSys Technologies. However, access to and use of the Sites and/or Services may be restricted if the client or Users do not provide Personal Data.
8.4 The site(s) may use small pieces of text known as cookies, which are either used only for the duration of a session and then deleted from a user’s hard drive ("session cookies"); or stored on a User’s hard drive and later used to identify that User, or information about that User, the next time the User logs into the site(s) ("persistent cookies") (collectively, "Cookies"). Session cookies are used to store unique session tokens to identify the client or user and obtain limited information about the client's and user's interaction with the site.
Persistent cookies may be used by the site(s) to store the user's username and preferences (e.g., time zone and language) in order to enhance the login procedure. None of the persistent cookies used on the site(s) is essential to its operation. CaSys Technologies may use other technologies to monitor and record a User’s and/or Client’s use of the site(s) or Services. This may include, but is not limited to, monitoring and recording the times of day a user accesses the site(s) and the specific pages on the site(s) a user navigates. This information may then be used for marketing purposes by CaSys Technologies.
By accepting the Agreement, the Client and User consent to:
(i) the use of Cookies;
(ii) the monitoring and recording of the use of the site(s) and/or Services; and
(iii) the use of any data collected for marketing purposes. Furthermore, before allowing a User to access or use the site(s) or Services, the Client agrees to obtain the User’s consent for:
(a) the use of Cookies;
(b) the monitoring and recording of the use of the site(s) and/or Services; and
(c) the use of any data collected for marketing purposes. The User may withdraw consent to the use of persistent cookies by choosing to block these cookies in the settings of the browser or devices used to access the site(s).
The User may withdraw consent to the use of their Personal Data for marketing purposes by making a request to CaSys. In the event of withdrawal of consent for Persistent Cookies and/or the use of Personal Data for marketing purposes, the Client and User retain the rights of access to the site(s) and associated Services in accordance with the Agreement. Session cookies and other controls for non-marketing purposes are essential to the use of the site(s) and the Client and User must accept their use to access the site(s). Without this acceptance, the Client and User cannot access or use the site(s) and its associated Services.
8.5 The Client will fully cooperate with CaSys Technologies in any inquiries made by any third-party provider, reseller, or regulatory authority.
9. RESPONSIBILITY AND INDEMNITY
9.1 Nothing in the Agreement shall restrict, exclude, or limit any liability of CaSys Technologies that cannot be limited or excluded under the Applicable Laws.
9.2 To the extent prohibited by the Applicable Law, nothing in the Agreement shall: (i) exclude or limit any obligation that CaSys Technologies or any other member of CaSys Technologies owes to the Client under the Applicable Law, or (ii) require the Client to indemnify CaSys Technologies for any breach by CaSys Technologies of such an obligation.
9.3 If CaSys Technologies is prevented, hindered, or delayed in performing any of its obligations under the Agreement by an event or circumstance beyond its reasonable control (including any accident, breakdown, or other failure of equipment, software, or communication networks (including, but not limited to, the Internet or the SWIFT network)), CaSys Technologies: (i) shall not be liable for failure to perform its obligations under the Agreement to the extent it is prevented, hindered, or delayed by such event; and (ii) shall notify the Client as soon as possible of the event and its likely effects on CaSys Technologies' ability to provide the Services.
9.4 Subject to clauses 9.1 and 9.2 of these CaSys Platform Terms, neither CaSys nor any of its agents, licensors, or delegates, or their directors, officers, or employees (each a "Concerned Party") shall be liable for any Loss suffered by the Client, the Principals (if any), the User, or a Client Counterparty, directly or indirectly in connection with the Agreement, the Site, the Services, the Materials, or the Documentation, except to the extent that such Losses result directly from the intentional breach or fraud of that Concerned Party.
9.5 To avoid any doubt, CaSys shall not be liable for any Loss or damage caused by a distributed denial of service attack, viruses, or any other technologically harmful material that may infect computer equipment, software programs, data, or other proprietary materials due to the use of the site or services or the accessing or downloading of any materials.
9.6 Subject to clauses 9.1 and 9.2 of these CaSys Platform Terms, the Client shall indemnify and keep indemnified each Concerned Party from and against all Losses incurred by a Concerned Party directly or indirectly in connection with: (i) any breach of the Agreement by the Client, a User, or a Client Counterparty, or any violation of CaSys' rights or any Applicable Law; or (ii) the Client, a User, or a Client Counterparty accessing or using, or being unable to access or use, the Site, the Services, or the Materials; or (iii) any false or inaccurate statement regarding the Client's eligibility to enter into a Transaction, as described in the applicable Specific Terms; or (iv) the introduction of any virus or other malicious, defamatory, or technologically harmful element into or onto the Site, the Services, or the Materials by the Client, a User, or a Client Counterparty; or (v) any claim made against a Concerned Party by a Client Counterparty. The indemnity under this clause 9.6 shall not apply to any Concerned Party to the extent that such Losses result directly from fraud, intentional breach, or (in the case of (i) to (iv) only) proven negligence of that Concerned Party.
9.7 Subject to clauses 9.1, 9.2, and 9.4 of these CaSys Platform Terms, CaSys' total aggregate liability and that of the Concerned Parties for all Losses arising out of or in connection with the Agreement, the Site, the Services, the Materials, and the Documentation shall not exceed €100,000, to the extent permitted by the Applicable Laws. Furthermore, in case of inconsistency between this clause 9 and any other provision of the Agreement, this clause 9 shall prevail.
9.8 The Client shall be responsible and fully liable for all acts, errors, and/or omissions of the Users in relation to the use of the Site, the Services, and any Transactions or Instructions.
9.9 The Client agrees that the exclusions and limitations set out in the Agreement are reasonable, given the nature of the Site, the Services, and the Materials and the technology used to support them (including the fact that the Internet is not a completely reliable transmission medium).
10. CUSTOMER OBLIGATIONS
10.1 CaSys acknowledges that, to the extent the Client has accepted these Terms of Use in writing, the Client may use the Site and the Services and execute Transactions or give Instructions on behalf of and for the account of the various entities for which it acts as an agent (each, a "Principal"). Upon CaSys' request, the Client shall provide satisfactory evidence that it has the necessary authority to act as an agent for such Principals. Such evidence shall be in the form reasonably requested by CaSys. Unless otherwise agreed as specified in this clause 10.1, CaSys shall treat the Client as acting for its own account.
10.2 The Client represents and warrants that the following is and will be true whenever the Client or a User accesses or uses the Site or the Services: (a) the Client and each User have all the necessary powers, authority, and approvals (including regulatory approval) to enter into and perform their obligations (and/or the obligations of the persons on behalf of whom the Client is acting) under the Agreement; (b) the Agreement and each Transaction and/or Instruction constitute valid and legally binding obligations for the Client; (c) the Client's performance in its own name or, as the case may be, on behalf of the Principal under the Agreement and each Transaction or Instruction and Transaction Agreement does not violate, contravene, conflict with, or constitute a breach under any law, regulation, rule, decree, order, judgment or charge, contract, trust deed, or other instrument binding upon the Client, the Principal (if applicable) or any of their respective assets or (if a corporation) any provision of its memorandum and articles of association (or equivalent constitutional documents); and the Client has, at the time of any transaction entered into or instruction given on behalf of a Principal, full power and authority to bind such Principal as a counterparty to that transaction or party giving instruction to that instruction (as the case may be) under the Agreement.
10.3 The Client shall provide CaSys with all information that CaSys may reasonably require from time to time in connection with (i) the access or use of the Site and Services by the Client and Users, and (ii) any Transaction and Instructions, as soon as reasonably possible upon request.
11. PENALTY
11.1 CaSys may modify the T&Cs by informing the Customer of the modified T&Cs, which may include visibly posting the modified T&Cs on the Site, and the User clicking to accept the terms of such modified T&Cs via the Site. If a Customer does not wish to be bound by the amended terms, it must ensure that Users do not click to accept the amended terms and that Users do not continue to use the part of the Site or Services to which the terms relate. updates.
11.2 Any modification shall take effect on such date as CaSys specifies, which date shall not be earlier than Applicable Law may require, but may otherwise be immediate if the modification is to reflect a change in Applicable Law and at least 10 (ten) days after sending the notice or posting on the Site referred to in clause 11.1 of these CaSys Platform Conditions in all other cases. The Customer and Users will be deemed to have accepted such modification if the Customer or a User continues to access and use the Site, the Services or the Materials after the applicable date.
12. NO OFFER OR ADVICE
12.1 CaSys does not provide any legal, tax, accounting, investment or other advice regarding the Agreement, the use of the Site or Services, the entering into of Transactions or any applicable Transaction Agreement or the issuance of Instructions, or makes recommendations regarding the suitability of the Site, any Service, any Transaction or any Instruction for the needs and objectives of the Client or the Principal, and has no fiduciary duty to the Client and the Principal. CaSys will not be responsible for any opinions or views provided.
13. DISCLOSURE
13.1 Without affecting any other rights or remedies that a party may have and without liability to the other party, a party may terminate the Agreement in its entirety, or may terminate one or more sets of specific terms without terminating the CaSys Platform Terms or any annex. This requires thirty (30) calendar days' written notice.
13.2 CaSys may terminate the Agreement and/or any Specific Terms and/or any Annex with immediate effect and without notice in the following circumstances: (a) the Client has breached a material obligation under the Agreement or has failed to remedy a non-material obligation within thirty (30) calendar days from the date on which CaSys sent written notice of such breach to the Client; (b) any representation or statement made by the Client in the Agreement or in any document executed or delivered under or in connection with the Agreement is incorrect or misleading in any material respect; or (c) the Client becomes insolvent and/or any action is taken by the Client or any person to declare bankruptcy, liquidation, judicial management, sequestration, or dissolution of the Client, or any equivalent event occurs that would have similar effects to the events mentioned above, provided that termination is permitted under such circumstances by applicable law.
13.3 In the event of termination of the Agreement in its entirety or the CaSys Platform Terms: (a) the Client's and Users' rights to the Site, Services, and Materials shall cease; (b) any signed framework agreement shall be automatically terminated; (c) CaSys shall terminate the access and use of the Site and Services by the Client and Users and invalidate all or part of the relevant Access Details; (d) the Client shall promptly return to CaSys all Authorization Devices (or any equivalent device) that have been issued to the Client or Users. In the event of termination of one or more sets of Specific Terms.
13.5 The Client’s and Users’ right to use all Sites, Services, and Materials associated with these Specific Terms shall cease if: (a) CaSys terminates the access and use by the Client and Users of the Sites and Services associated with these Specific Terms and invalidates all or part of the relevant Access Details; and (b) where Authorization Devices issued to the Client or its Users are no longer required for any other Site or Service where the applicable Specific Terms remain valid and binding, the Client shall promptly return those Authorization Devices to CaSys.
13.6 Termination of the Agreement for any reason shall not affect (i) the rights, responsibilities, or obligations accrued before such termination, including, for the avoidance of doubt, those related to Transactions entered into or Instructions issued before the termination date; or (ii) any part of the Agreement that is intended to continue in effect after such termination.