User Terms & Conditions for UE residents
Who are we?
Ninety Nine Equities S.L. conducts software development activities and provides online and application-based services (hereinafter referred as “us” “our” or “we”). Ninety Nine Equities, S.L. is duly incorporated and existing under the laws of Spain, with registered office at Madrid, registered at the Companies’ Registry of Madrid under Volume 37427, Sheet M 667223, Page 130.
Acceptance of the Terms
The access and use of any of the services and content of www.ninetynine.com and the mobile application (referred collectively as “online platforms”) is governed by the following Terms & Conditions (the “Terms”), together with the rest of the applicable corporate policies and procedures. By accepting the Terms set out below you will be bound by all of its content. Therefore, you must read and agree to the Terms before registering to join and participate in the online platforms. In case you do not wish to be bound by the Terms, you should not use the online platforms. Notwithstanding, your petition to use the online platforms will not be processed if you do not accept these Terms.
Access and use of any of the services and content is exclusively limited to users over 18 years of age.
Description of services
The online platforms allow users to enjoy the use of various contents and services offered by us, which, in some particular cases, may also be offered by Third Party providers with which we have agreements in place.
Acquiring “preferential access” to the online platforms means enrolling for a position in our waitlist queues with a valid email address, full name, country of residence and password. Preferential access to our platform should not be construed as admission as a brokerage services client or that admission as such will be granted.
Our services allow for different user types with different rights and benefit as set out below:
- “Soft Users” are users who have successfully completed the enrolment process and have thereby secured a position in our waist list queue for future access to our online platforms.
- “Basic Users” are users who have been granted access by us to our online platforms and who have not upgraded to a premium account.
- “Premium Users” are users who have upgraded from a basic account to a premium account and who benefit from additional content and features not available to Basic Users.
Users will be rewarded with a gift of one share of stock for a maximum value of 50EUR upon successful enrolment in our waitlist queue.
The gift share will be delivered to users only once a company of the ninety nine group holds in the relevant Member State of the European Union a license to provide securities brokerage services (i.e. reception and transmission of orders in relation to one or more financial instruments). However, if for whatever reason ninety nine finally decides not to act in a certain Member State of the European Union, users based there will not be delivered any gift share.
Users may refer other friends for enrolment in our waitlist queue. Users will be rewarded with one share of stock, up to a maximum of five shares of stock (i.e. five confirmed referrals), valued at 50EUR maximum, for each referral that successfully completes the enrolment process and attains a place in the waitlist queue.
Users who reach fifteen referred users will be rewarded with a premium account for a six month period. Users who reach twenty-five referred users will be rewarded with priority access to our online platforms.
By offering you access to the online platforms, we provide you the opportunity to learn or expand your knowledge on trading in stocks and other investment opportunities. Our online platforms provides information on a wide range of trading opportunities and related services, comprising, among others, (i) a brokerage services simulator; (ii) simulated market data and securities quotes; (iii) trading simulator; (iv) news, reports and other market general information; and (v) simulator for own account positions, transaction and order history.
Limitations of liability
To the extent permitted under applicable law, the information, names, images, pictures, logos and any other content or services provided on the online platforms are provided “as is” and on “as available” basis, without representations or warranties of any kind with respect to the content and services (whether express or implied) including, but not limited warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Neither us, nor Third Party providers guarantee the accuracy, timeliness, completeness or usefulness of the content. Therefore, you agree to use the content and services at your own risk.
ninety nine is currently not registered with the Spanish Securities Exchange Commission (Comisión Nacional del Mercados de Valores) nor with any other Securitites Exchange Authorities in the European Union. The online platforms do not constitute an offer to sell, a solicitation of an offer to buy or a recommendation of any security or any other investment product or service offer by ninety nine or any third party provider. We are not providing financial advice or recommending securities through the use of the online platforms. We do not represent that the securities, products or services discussed in the online platforms are suitable or appropriate for any particular person. Consequently, you are solely responsible for determining when an investment or related transaction is appropriate for you.
We do not guarantee that functions on the online platforms will be uninterrupted or that no errors occur, neither that the server(s) that makes it available are free of viruses or bugs. It is your responsibility to implement security programs and conduct any virus checks.
Under no circumstances we will be liable for any direct, indirect, foreseen, foreseeable, known or otherwise losses or damages (even if we or any Third Party provider has been advised of the possibility of such losses or damages), including, but not limited to: (i) loss of data; (ii) loss of revenue, income, or anticipated profits; (iii) loss of business; (iv) loss of opportunity or other intangible losses; (v) loss of goodwill or injury to reputation; (vi) losses suffered by third parties; (vii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the online platforms; (viii) alteration or access to your own account or data due to your negligence or conduct; or (viii) any special, consequential, or exemplary losses damages arising from the use of the online platforms regardless of the form of action or omission.
We will neither be liable for any loss or damage caused by your reliance on the information accessed or obtained through the online platforms. Information and data published on our online platforms is for information purposes only.
Your conduct and use of the online platforms content
The information, data, images, charts, including but not limited to communications, materials, opinions, advice or statements (referred as “content”) published on the online platforms is the sole responsibility of the creator of such content i.e. the person / persons / entity / entities from whom the content originated. Therefore, are fully responsible for any content that is uploaded, posted, transmitted, shared, stored or otherwise made available on the website by you and we shall not be made liable for your actions or that of third parties.
We do not guarantee the accuracy or veracity of the content made available in the online platforms, either created by us or Third Party providers, being the use of or reliance on the content entirely at your own risk.
We have no duty to update the information contained in the online platforms, and the content shall be understood as being published as of its stated date or, the date of first posting when no date is stated.
Neither we guarantee the Third Party providers content accuracy, completeness and clarity, nor we are responsible or liable for any content, advertising, products, or other materials and information on / available from Third Party sites.
In line with the above, you will not hold us or any Third Party provider liable neither for inaccuracies, errors, delays or omissions of the content, nor for any losses or damages arising from or occasioned by any of those inaccuracies, errors, delays, omissions, or any other cause beyond our / Third Party provider reasonable control.
EU residents only
The online platforms content and services are intended for European Union residents only over 18 years of age. Consequently, such content and services shall not be considered a solicitation to any person in any other jurisdiction in where such solicitation is contrary to the applicable laws.
Security and identification
The maintenance of the confidentiality of the log-on password is of your sole responsibility. You are responsible for using appropriate security measures to avoid any unauthorised access to the online platforms. Any unauthorized access that you become aware of, shall be notified to us promptly. Hence, you will indemnify us for any loss or damage derived from the access to the online platforms by any third person who use your access names and passwords.
By agreeing to these Terms you are giving consent to have your personal data transferred to and processed by us and / or our affiliates, as well as to receive certain communications and administrative messages that constitute part of the services we provide.
Intellectual property rights
All the names, logos and images identifying us or Third Party providers and their services are subject to copyright, design rights and trademarks. These Terms do not confer or imply any licence or right to use any of those names, logos and images.
Communications and conversations recording
When using the online platforms content and services, you consent that any conversation, communication or information / data exchange between you and us / our representatives, may be recorded. These communications and conversations are registered and accessible at least for ten years.
Communications in Forums
The online platform may allow the usage of message boards and live questions and answers forum (referred as “Forums”). By agreeing the Terms herein, you acknowledge the public nature of these Forums and that the content you choose to disclose there is of your sole responsibility.
When using the Forums, without limitation, you agree not to:
- promote or engage in any way in unlawful conduct;
- upload, post, transmit or otherwise make available any content that may be considered (by us) as defamatory, offensive, threatening, inflammatory, abusive, racist, vulgar, pornographic, obscene, profane, indecent, hateful or any otherwise objectionable material;
- upload, post or otherwise transmit any content intended to annoy, intimidate or impersonate another person or conduct any other action that may constitute a criminal offence or give rise to a civil liability;
- discuss or agree with other users anything implying anti-competitive behaviour;
- offer to sell any goods or services, advertise or promote any surveys for any commercial purpose;
- misrepresent your affiliation with any person or entity;
- upload, post or otherwise transmit any content that may infringe any duty of confidentiality, copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right;
- upload, post or otherwise transmit viruses, corrupt files, or other similar means, programs or files that may damage another person’s computer, software, or network;
- obstruct or disrupt directly or indirectly the content, service, servers or networks connected to the online platforms;
- collect, store or reproduce personal data about other users of the online platform.
You will be solely responsible for any damages or losses derived from any action or omission related to the above stated.
You acknowledge that when we provide links to other websites or resources, neither we, nor Third Party providers are responsible for the availability or the content of those external websites or resources. Consequently, we and the Third Party providers are not liable for any damage or losses derived from the content available on such websites or resources.
Amendments & revisions
Be aware that we may revise and modify the Terms at any time. We will notify you via email of any amendments and revisions. The most updated version of the Terms will be posted in the online platforms. Therefore, please review the Terms regularly to ensure that you are aware of any changes made. Your continued use of the online platform after changes are posted means you agree to be legally bound by these new Terms.
These Terms will terminate without notice from us, and in our sole discretion, the moment you do not comply any of the stated herein. In any case, we may terminate these Terms or suspend your access to the content and services of the online platforms, at any time and without notice.
We shall not be liable to you or a third party for the termination or suspension of access to the content or services of the online platforms.
You will neither hold us, nor Third Party provider liable for any inaccuracy, error or delay on the content or services of the online platforms, or for the losses or damages caused by such inaccuracy, error or delay, when caused by any Force Majeure situation, among others: extreme weather conditions, floods, hurricanes, earthquakes, wars, fire, labour disputes, accidents, action of government, equipment or software malfunctions, communications or power supply failures, or any other act of God.
You agree to indemnify and hold harmless us (including our directors, officers, employees, partners, licensors, distributors, representatives and agents) and Third Party providers from and against all liabilities, claims, losses, costs, damages and expenses including reasonable legal fees (which are reasonably incurred by us), arising from your use of the online platforms and your violation of the Terms or any applicable law.
These Terms are to be governed by and construed according to Spanish law and the parties agree to submit any disputes to the exclusive jurisdiction of the Spanish courts.