1. Use of the Edge Platform
2. Other Terms that Apply to You
- Cookies policy: https://www.onyxcapitalgroup.com/cookie-policy/
3. Information about Onyx
Onyx Capital Advisory Limited is registered in England and Wales with company number 11472304 and has its registered office at Lynton House, 7-12 Tavistock Square, London, United Kingdom, WC1H 9BQ.
We are authorised by the Financial Conduct Authority and our registration number is 822509.
Our VAT number is 336 275 292.
4. Trial Period
This section only applies if you have been granted access to the Edge Platform on a limited trial basis, as agreed between us and the Customer (“Trial Period”).
The Edge Services available during the Trial Period shall be administered by us at our discretion and we do not guarantee to provide the full scope of the Edge Services, the availability of the Edge Platform or that the Edge Platform will be error-free during the Trial Period.
Onyx may suspend or terminate your access to the Edge Platform and receipt of the Edge Services during the Trial Period at any time and for any reason at its sole discretion.
5. Use of Edge Platform
You agree not to use the Edge Platform:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as communicated to you or the Company from time to time;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of the Edge Platform;
- any equipment or network on which the Edge Platform is stored;
- any software used in the provision of the Edge Platform; or
- any equipment or network or software owned or used by any third party.
We do not guarantee that the Edge Platform, or any content on it, will always be available or be uninterrupted and error free (see section 11 below). We may suspend or withdraw or restrict the availability of all or any part of the Edge Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6. Reliance on Deliverables
You assume responsibility for results obtained from any Deliverables produced from the Edge Services and for conclusions drawn from such use. The Deliverables are provided for general information purposes only on an “as is” basis and should not be relied on in any way.
Whilst we will endeavour to keep the Deliverables up-to-date, we cannot and do not guarantee the accuracy of the Deliverables, and we accept no responsibility, and shall have no liability, for any loss or damage which may arise from your use or reliance on the Deliverables.
You may wish to obtain independent professional or specialist advice before taking, or not taking, any action on the basis of the Deliverables or content of the Edge Platform.
If notwithstanding the above you take any action or decision to buy, sell, subscribe for or underwrite any securities, shares or other financial investments, you do so entirely at your own risk and Onyx shall have no liability whatsoever for any loss, damage, costs or expenses incurred or suffered by you as a result.
7. Intellectual Property Rights
The Deliverables, including the reports and strategic data, any information, data or other materials made available to you and all designs, text and graphics on the Edge Platform and the selection or arrangement thereof, along with all software and databases forming part of the Edge Platform and/or provided by Onyx (together, the "Materials") are owned by and are confidential to Onyx or its licensors, and are protected by copyright, database rights and other intellectual property rights throughout the world.
You must not reproduce or modify paper or digital copies of any Materials in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
All copyright, database rights and other intellectual property rights in the Materials are and shall remain vested in Onyx or its licensors, and except as expressly provided or granted to you or the Customer by Onyx pursuant to an MSA or otherwise, you or the Customer will not acquire any right, title or interest in or to the Materials and no such rights are or shall be implied.
More generally, by accessing the Edge Platform, you warrant and represent that you have taken all requisite actions and obtained all necessary third party consents and licences to enable you to: (a) receive the benefit of the Edge Services and (b) fulfil your obligations under the MSA.
Where any of the Materials contain or have affixed to them trade marks, trade names, notices or other proprietary marks of Onyx or its licensors, you may not alter, obscure, remove, interfere with or add to any of the said trade marks, trade names, notices or proprietary markings.
You may use the Materials provided within the context of the Edge Services in accordance with the terms of the MSA. If you wish to use such Materials for other purposes, you may only do so if you have first obtained Onyx's prior written consent (which Onyx may withhold in its absolute discretion). You may be held responsible for any infringement of Onyx's intellectual property rights that arise out of or are connected with your granting any unauthorised user access to Deliverables, the Edge Services or other Materials made available on the Edge Platform.
For all other Materials made available on the Edge Platform, you may view such Materials for your own personal and private use provided that they are not altered or changed in any way and are not used, in whole or in part, in any other publication, in whatever medium. Otherwise, the Materials on the Edge Platform may not be downloaded, printed, stored, copied, reproduced, transmitted or otherwise made available on any network or in any other medium, in whole or in part, without the prior written consent of Onyx.
Where the Materials comprise any software, you may not decompile, disassemble or reverse engineer any object code of such software, save to the extent expressly permitted by Section 50B of the Copyright, Designs and Patents Act 1988 (Decompilation incidentally or into a higher level language).
8. Third Party Content
9. Limitation of Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Edge Platform or any content on it and the Edge Services, whether express or implied.
(a) loss of profits, business, contracts, revenue, goodwill or anticipated savings (whether such loss is direct or indirect, foreseeable or otherwise); or
(b) indirect or consequential loss.
Additional limitations of liability are set out in the MSA.
10. Security and Right of Access to the Edge Platform
You are solely responsible for all use of your user name and password to access the Edge Platform, and must ensure they are kept confidential at all times. You may not share the user name and password with or transfer them to any third party, including any other employees of the Customer.
Please notify Onyx immediately if you become aware of any unauthorised use of your login details or any other breach of security regarding access and use of the Edge Platform that becomes known to you.
Access and use of the Edge Platform and the Edge Services are limited to the authorised users and locations as specified in the MSA. You have no independent right to access and use the Edge Platform, and your right to access and use the Edge Platform will cease when your employment with the Customer terminates, or when the Customer terminates its MSA with Onyx. You and the Customer shall be responsible for notifying Onyx of the termination of your employment, and for any unauthorised use of Edge by you after your employment with the Customer ceases.
Onyx does not guarantee that the Edge Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Edge Platform. You should use your own virus protection software.
You must not misuse the Edge Platform 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 the Edge Platform, the server on which the Edge Platform is stored or any server, computer or database connected to the Edge Platform. You must not attack the Edge Platform 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. Onyx 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 the Edge Platform will cease immediately.
12. Data Processing
Please also review the Data Processing schedule of the MSA for further details around how we may process your personal data provided through the Edge Platform and in connection with the Edge Services.
Onyx may suspend or terminate your access to the Edge Platform and provision of the Edge Services immediately:
- on expiry or termination of the MSA for any reason;
- for business or operational reasons; or
- if, in Onyx’s reasonable opinion you bring Onyx’s reputation into disrepute.
Following termination for any reason you must:
- promptly destroy or (at Onyx’s direction) return all Materials and/ or Deliverables held in your possession to Onyx; and
- comply with the post-termination obligations in the MSA.
14. Governing Law and Jurisdiction
To the extent that you access and use the Edge Platform, you acknowledge that you are bound by the terms of the MSA which has been entered into by yourself or the Customer.
Any legal notices to Onyx must be sent by first class post (receipt requested) or confirmed by e-mail to the address set out under section 16 below.
Onyx Capital Advisory
95 Cromwell Road, Second Floor
London, SW7 4DL
Telephone: 0203 981 2790
Email address: firstname.lastname@example.org