These terms shall also govern access to any historical data available on LME.com (whether available for free or otherwise).
Please read them carefully as they affect your rights and liabilities under the law. By placing an order, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
Note that there are additional data privacy terms beyond those in the privacy statement, at Clause 7 of these Terms.
Sections of these Terms.
These Terms are split into sections.
Section A is the General Terms, which apply to all purchases made on the LME Online Store, and also covers registration with the LME Online Store (see Clause 3). In addition, depending on which goods or services you are buying, extra terms will apply:
Section B – Terms for Products (Clauses 12 to 15)
Section C – Terms for Courses and Events (Clauses 16 to 20)
Section D – Terms for Online Training (Clauses 21 to 23)
Section E – Terms for LME Historical Data (Clauses 24 to 26)
Please refer to the relevant terms for the goods or services you buy.
SECTION A - GENERAL TERMS
These general terms and conditions apply to the placing of any order on the LME website. If you are placing an order for education/training courses and events or for historical data, special terms and conditions will apply in addition to these general terms and conditions: please see sections 2 and 3 below.
1.1 Certain terms used in these Terms have the meanings defined in this Clause 1.
1.2 In these Terms, “LME” means the London Metal Exchange (company number 02128666) and “Customer” (“you”/”your”) means you (the person or entity who is paying for the goods or service provided).
1.3 The Customer may be separate from a “User”, or a “Delegate” attending a course (terms defined below), for instance where a company is buying a course or online training for one of its employees. Typically a company or partnership that is purchasing goods or services for its employees or agents will be the Customer. But if you are an individual consumer, you will typically be both Customer and User/Delegate.
1.4 “Customer” or “you”/”your” may additionally or instead refer to a Delegate or User where the context requires.
1.5 The LME and the Customer are together referred to as “the parties”.
1.6 “Administration Charge” means a fee determined by the LME, chargeable per instance, Delegate and booking.
1.7 “Benchmark” Any price or index falling within the definition of 'Benchmark' under the Benchmark Regulation, MAR II or MiFIR.
1.8 “Benchmark Regulation” Regulation (EU) 2016/1011 on indices that are used: (i) as benchmarks in financial instruments and financial contracts; or (ii) to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) 596/2014;
1.9 “Booking Form” means a booking form issued to the Customer, or Customer’s representative, by the LME or the booking mechanism used by the Customer, or Customer’s representative, to enable purchases of goods and services from the LME.
1.10 “Course” means a course run or arranged by the LME that is offered for sale by the LME.
1.11 “Date(s)” means the date(s) upon which a Course/Event is to take place as set out in the Booking Form.
1.12 “Delegate” means the person attending or due to attend a Course, Event or Online Training.
1.13 “Derived Data” means data of any kind (including LME Historical Data) derived as a result (directly or indirectly) of the data being Manipulated;
1.14 “Event” means an event run or arranged by the LME that is offered for sale by the LME.
1.15 “Event Partner” means a company or partnership, other than the LME, identified in the product name or description of an Event, Course or Online Training as being involved in the delivery or promotion of the Event, Course or Online Training.
1.16 “Information” means any information in any form relating to the LME or its members, vendors or other stakeholders including, without limitation, market data prices, volumes, quotations, indices, time stamps, news and other information related to the contracts and other instruments traded on any platform operated by the LME. It includes any information contained in or delivered by Products, Courses, Events, Online Training or LME Historical Data.
1.17 “Intellectual Property Rights” means all intellectual property, including patents, utility models, trade and service marks, trade or business names, domain names, rights in designs, copyrights, moral rights, topography rights, and rights in databases and rights in trade secrets and confidential information, in all cases whether or not registered or registrable in any country for the full term of such rights including any extension to or renewal of the terms of such rights and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
1.18 “Losses” means, in respect of any matter, event or circumstance includes all losses, claims, demands, actions, proceedings, damages and other payments, costs, expenses or other liabilities of any kind.
1.19 “LME Historical Data” means LME market information that is not real time or same day information, that is offered for sale on the LME Online Store or made available on the LME website (or through such other method as the LME might offer from time to time). This data includes but is not limited to daily stocks, official prices, monthly volumes, monthly average prices and market open interest (other than real time) from previous trading on the LME.
1.20 “LME Online Store” means the online store offered by the LME on its website.
1.21 "Manipulate(d)" means the acts of amending, adapting, modifying, altering or changing the data in any way, or to combine, aggregate or incorporate the data (wholly or in part) with other data of any kind (including by way of calculation) as deemed by the LME in its absolute discretion;
1.22 “MAR II” Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation);
1.23 “MiFIR” Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012;
1.24 “Online Training” means training being provided solely or principally via services such as a website, email or other electronic communications, that is offered for sale on the LME Online Store.
1.25 “Product” means any physical item made available for sale from the LME Online Store.
1.26 “Registration Form” means the online registration form available on the LME Online Store, to be used to register a Customer on the LME Online Store.
1.27 “Service” means the provision of the Information, to the Customer via the LME Online Store website including, but not limited to, web pages, images and other media, RSS feeds and other downloads.
1.28 “Terms” means these terms and conditions.
1.29 “Training Location” means the place at which a Course or Event is to be provided by the LME as set out in the Booking Form.
1.30 “Use Rights and Restrictions” has the meaning given in Clause 6.1.
1.31 “User” means the end user of Information that has been purchased by the Customer under these Terms; it includes Delegate.
1.32 Headings are for convenience only and do not affect the interpretation of these Terms.
2 AMENDMENTS TO THESE TERMS
2.1 We may update these Terms from time to time and any changes will be notified to you via any e-mail addresses provided by you on registration or via a suitable announcement on the LME's website.
2.2 The changes will apply to the use of the LME Online Store after we have given notice.
2.3 If you do not wish to accept the new Terms you should not continue to use the LME Online Store. If you continue to use the LME Online Store after the date on which the change comes into effect, your use of the LME Online Store indicates your agreement to be bound by the new Terms.
2.4 Subject to Clause 2.3, if you:
a) do not wish to accept the new Terms; and
b) will not be continuing to use the LME Online Store,
you may give us written notice within 20 business days of the new Terms being notified under Clause 2.1 that you do not accept the new Terms. If you give us such notice, then solely in relation to goods and services that you have previously purchased and to information that you have previously given us, your use of those goods and services and our use of your information will continue to be governed by the old Terms. For the avoidance of doubt, upon any future use of the LME Online Store you will be deemed to have accepted the new Terms (including in relation to previous purchases and information given) in accordance with Clause 2.3 above, despite any notice that you have given under this Clause 2.4.
3.1 To register as a Customer of the LME Online Store, you must complete a Registration Form, in accordance with this Clause 3. Once registered, a Customer can make purchases by completing Booking Forms.
3.2 You must choose a username and password on completion of Customer registration for the LME Online Store. You are responsible for all actions taken under that username and password and shall only use the LME's website including the LME Online Store under your own username and password.
3.3 You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. The LME shall have no liability to you for any loss or damage suffered by you as a result of your failure to keep your password safe, or if your password is compromised for any reason. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
3.4 If there are any changes to the details supplied by you it is your responsibility to inform LME as soon as possible.
3.5 The person completing the Registration Form warrants that they represent the Customer and are authorised to complete purchases for and on behalf of the Customer.
3.6 Subject to the other provisions of these Terms, in consideration of the Customer and any Users and Delegates abiding by the terms of these Terms, the LME agrees to provide the Service to the User on a non-exclusive basis.
3.7 By submitting an application to the LME using the Registration Form, you agree to be bound by these Terms.
3.8 You acknowledge and agree that the LME has exclusive and valuable property rights in and to its own Information, and such Information constitutes valuable confidential information, trade secrets and/or proprietary rights of the LME.
4 CONTRACTS OF SALE
4.1 Your contract for purchases made through the Site is with the LME.
4.2 No contract for the sale of any goods or services will subsist between you and LME unless and until LME accepts your order by way of an e-mail confirming that it has received your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time LME sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by LME of your offer to buy goods or services from LME or a third party supplier that is engaged on your behalf by LME.
4.3 In the event that you order goods or services and the price published on the LME Online Store is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price (as no contract will yet have been formed, in accordance with Clause 4.2). We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount (in accordance with Clause 12 (Cancellation) in relation to Products).
4.4 You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
4.5 You undertake that all details you provide to LME for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
4.6 Subject to Clause 12 (Cancellation) and Clause 13 (Defects) for Products, Clause 18 (Cancellation/Transfer – Courses and Events) and Clause 23 (Cancellation/Transfer – Online Training) below, all purchases are non-exchangeable, non-refundable and non-transferable.
5 DISCLAIMERS AND LIMITATION OF LIABILITY
5.1 Customer is responsible for suitability of goods and services
5.1.1 You are responsible for verifying that the goods or services selected by you will meet any specific requirements which you may have and will meet your needs, including ensuring that Delegates and Users have the appropriate qualifications and/or experience to derive benefit from the Services.
5.1.2 The LME does not assume responsibility for your choice of goods and services, nor does it make any commitment to you that any particular result will be obtained from completion of the Courses, Events or Online Training and/or the use of Products or LME Historical Data.
5.2 Goods and services are provided “as is”
5.2.1 The Information is provided “as is”.
5.2.2 As such, save for those warranties expressly set out in Clause 5.6 below, all representations (other than fraudulent misrepresentation), warranties and conditions, are hereby excluded to the maximum extent permissible by law. For the avoidance of doubt this includes the following conditions implied by the Sale of Goods Act 1979; the conditions relating to: sale by description (section 13), quality or fitness (section 14), and sale by sample (section 15), which are excluded.
5.2.3 We may make changes to the goods and services offered on the LME Online Store and their prices at any time without notice.
5.3.1 The LME will not be responsible to you for any delay or disruptions to your access to material as a result of any of the following: a) Operation of the internet and worldwide web (including, but not limited to, the effect of viruses);
b) Firewall restrictions which may have been placed on your network or the computer you are using to gain access to the Information; or
c) The failure of telecommunications links or equipment or browser issues.
5.3.2 The LME may, in its sole discretion, with or without cause or prior notice to the Customer or User, alter, vary or replace the Information or the Service or temporarily or permanently cease to make the Information available or suspend, terminate or restrict User’s access to the Information. This includes a right to undertake maintenance and software reliability works (and therefore suspend the Service) without prior notice to the Customer or User. During such periods customers will not be able to, amongst other things, process subscription changes including cancellations and amendments to product and user requirements.
5.4 Further exclusions of LME’s liability
5.4.1 The LME does not accept liability for:
a) any indirect loss or consequential loss;
b) any loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties, each whether direct or indirect;
c) any loss or damage due to viruses that may infect computer equipment, software, data, or other property on account of access to, use of, or browsing the LME Online Store or downloading of any material from the LME Online Store or any web sites linked to the LME Online Store; or
d) any costs relating to servicing, repair or correction of equipment, software, or data,
arising out of the use of the LME Online Store or for any goods or services purchased from the LME Online Store.
5.4.2 There are additional liability exclusions and indemnities at Clause 22 (Liability for Courses/Events).
5.5 Customer indemnifies the LME for breach of contract and IPR infringement
The Customer indemnifies the LME and their respective directors, officers, employees and agents against all Losses suffered or incurred by the LME, persons associated with it or their licensors in connection with:
a) any breach of these Terms by the Customer or any act or omission on the part of the Customer in contravention of these Terms; or
b) the infringement (or alleged infringement) of the LME’s Intellectual Property Rights in the Information arising from the access or use of the Information by the Customer other than as permitted under the Use Rights and Restrictions or otherwise permitted by these Terms.
5.6.1 If a material inaccuracy or other problem with its goods and services is notified to the LME, it shall seek to take steps to remedy that inaccuracy or problem, if it is commercially practicable to do so. In relation to Products specifically, please see also Clause 13 (Defects).
5.6.2 The LME warrants that in proving Courses, Events and Online Training it has and will exercise all reasonable skill and care to be expected of a professional experienced in such work.
5.6.3 The LME has good title to the goods and services that it sells and the Customer has a right to the quiet possession of the goods and services purchases (pursuant to Section 12 Sale of Goods Act 1979 and Section 2 Supply of Goods and Services Act 1982).
5.6.4 For the avoidance of doubt, LME does not exclude or limit any liability for:
a) personal injury (including sickness and death) where such injury results from LME’s negligence or wilful default, or that of LME's employees, agents or subcontractors; or
b) fraudulent misrepresentation.
5.7 Events outside the LME’s control
5.7.1 The LME will not be liable for any delay or failure to meet its obligations under these Terms due to any cause outside its reasonable control and which is neither an intentional act nor an act of gross negligence by the LME; such causes shall include governmental order, war, electronic malfunction, act of God or government, flood, fire, act of terrorism, emergency, legal or regulatory requirement.
6 BREACH OF USE RIGHTS AND RESTRICTION
6.1 If the LME reasonably suspects that the Customer or User has failed to comply with the “Use Rights and Restrictions” (meaning Clauses 8.3 and Clause 8.4 (Intellectual Property Rights) and Clause 26 (Use of LME Historical Data)), upon the LME’s instruction to do so you must immediately:
6.1.1 In the case of Products, either: (i) return them to the LME, or (ii) destroy all copies of the Products, in each case without keeping any copy or transcripts thereof in any form; or
6.1.2 In the case of electronic Information, permanently remove the Information and other related materials then in User’s possession or under User’s control, without keeping any copy or transcripts thereof, except for any automated back-ups that cannot be practicably removed and which will not be accessible to you in future. You must not attempt to use or view any automatically backed up Information that cannot be removed; and
6.1.3 Certify to the LME in writing that you have fully complied with Clause 6.1.1 or 6.1.2 above, as appropriate.
6.2 The provisions of this Clause 6 are without prejudice to any indemnity claim the LME may have under Clause 5.5 (Customer indemnifies the LME for breach of contract and IPR infringement), above.
7 DELEGATE PERSONAL DATA AND MARKETING
7.1 We shall process Customer and User data in accordance with the terms of our Privacy statement, as modified by the provisions of this Clause 7.
7.2 The LME may process Delegate personal data as set out below. Customers are responsible for obtaining the relevant permissions from Delegates to:
a) Provide their information to the LME;
b) For the LME to contact the Delegate via email, post, phone, fax or SMS with regard to the administration of their booking, attendance at the training prior to and after the training and to obtain permission;
c) Where indicated on the Course, Event or Online Training listing that the Course, Event or Online Training is conducted in partnership with an Event Partner, to provide their name, company and contact details to any Events Partner(s);
d) Allow the Event Partner to contact them in relation to the Course, Event or Online Training and/or their products and services;
f) Allow the LME to process the Delegate's information in accordance with Clause 7.4 below.
7.3 Unless otherwise specified in the Booking Form, the Delegate shall be deemed to be the person completing the Booking Form.
7.4 The LME may store information related to the Delegates for the purposes of:
a) contacting them to administer the use of the Service;
b) research and analysis; and
c) informing Delegates about the products and services offered by the LME and other members in the same corporate group as the LME.
7.5 A Delegate can withdraw its consent to the above processing of his or her personal data by contacting the LME or any Event Partners, as applicable.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Intellectual Property Rights in the Information shall be and remain vested in the LME or its licensors. The Customer acknowledges the LME’s and its licensor's ownership of the Information and agrees that neither receipt of the Information by the Customer nor use of the Information by the Customer has any effect on the Intellectual Property Rights of the LME and its licensors, save as expressly set out in Clause 8.2 below.
8.2 The Customer is only granted a non-transferrable, non-exclusive license to use the Information in a personal capacity and for internal business purposes, subject to the Use Rights and Restrictions.
8.3 Customers and Users confirm that they will only use the Information contained in Products, Courses, Events and Online Training for their own educational purposes and will not, without the LME’s prior written consent, copy, permit the copying of, make available, retransmit, reproduce, sell, license, distribute, publish, broadcast or otherwise circulate materials from Products, Courses, Events and Online Training to people other than those identified by the email address nominated for access by the Delegate, nor use the same for running the Customer’s own courses or other presentations. The use rights and restrictions for LME Historical Data are set out in Clause 26.
8.4 Unless specifically authorised by the LME in writing, the Customer shall not use or register any trade mark which is identical or similar to any trade mark, whether registered or unregistered, of the LME or any entities related to it.
9 PROCESSING OF ORDERS
9.1 Where the method of payment selected is credit or debit card, the card will be debited on the day of purchase by LME via such online payment provider as the LME appoints from time to time.
9.2 Where the method of payment selected is bank transfer or cheque payment then Products will not be dispatched until payment has been received and cleared.
9.3 All quoted prices exclude sales taxes (where applicable) unless otherwise stated. VAT and postage charges will be added to the sales total at the checkout stage.
9.4 LME aims to arrange shipment of all ‘in stock’ items within 2 business days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. The LME is not able to supply dates by when our suppliers may re- stock.
9.5 You can keep track of your order status yourself on-line with the order history facility on your account page.
9.6 All charges and other fees shall be quoted by the LME in UK sterling. The rate of exchange in respect of funds transferred from overseas shall be that obtained by the LME at the date payment is received.
9.7 The Customer shall pay the charges without deduction or set-off.
9.8 Please note that separate provisions apply for bookings and processing orders in relation to Courses/Events, Online Training and LME Historical Data (see Clauses 16 (Booking Courses and Events), 21 (Booking Online Training) and 25 (Orders), respectively, below).
10 ADVERTISING / CONFIDENTIALITY
The LME may make reference to the fact that it has provided or is due to provide Products, Courses, Events, Online Training or LME Historical Data to a Customer in general advertising literature or proposals to other Customers or prospective Customers. The LME will not make reference to the amount paid under these Terms. If the Customer wishes its purchase to remain confidential, it should inform the LME in writing.
11 OTHER TERMS
11.1 If any part, term or provision of these Terms is held illegal, invalid or unenforceable, the validity or enforceability of the remainder of these Terms is not affected.
11.2 These Terms constitute the entire agreement between the Parties with regard to the subject matter hereof and supersede all proposals, representations or prior agreements, whether oral or in writing, relating to the receipt and use of the Information.
11.3 The Customer may not assign any right or obligation of these Terms without the prior written consent of the LME.
11.4 Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
11.5 The parties do not intend any third party to have the right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.6 These Terms shall be governed by the laws of England and the parties shall submit to the exclusive jurisdiction of the courts of England.
SECTION B – TERMS FOR PRODUCTS
12.1 You may cancel your order at any time prior to your order being processed by contacting the LME by sending an email to firstname.lastname@example.org or by telephoning +44 (0) 207 264 5555 (or such other contact details as are published on the LME website from time to time) during normal office hours (0900 – 1800 London time). You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order, but no later than seven business days after the day after you receive the product, by:
a) sending the notice of cancellation by email to email@example.com (or such other email address as is published on the LME website from time to time) ensuring that you quote your name, address and order reference number; or
b) where you have already received the goods, returning the goods to LME unopened together with the original invoice. LME will refund you the purchase price of the goods.
12.2 Once LME receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to LME from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by LME in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to LME.
In the unlikely event that you receive Products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, LME shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective Products, or refund to you the amount you paid for the Products in question PROVIDED THAT you notify LME of the problem in writing at the address stated in the confirmation e-mail within 10 business days of delivery of the Products.
The period stated within which you will receive your order is approximate. Products will be sent to the address given by you in your order and stated in the invoice dispatched on successful completion of the order process. Please note that your Products may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
15 CROSS-BORDER DUTIES AND INSPECTIONS
15.1 If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; the LME advises each Customer to contact their local customs office for further information.
15.2 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
SECTION C – TERMS FOR COURSES AND EVENTS
16 BOOKING COURSES AND EVENTS
16.1 If a booking is made but the Customer does not pay the charges at the time of booking, places on the Course/Event will only be held for two weeks from the date of booking, after which their place may be given to other delegates if the charges have not been received.
16.2 Notwithstanding the previous sentence, if the LME does not receive the charges at least 15 days before the date of the first day of the LME Course, the LME may cancel the booking and give the place(s) to other delegates.
16.3 The LME reserves the right to modify the booking procedure from time to time.
16.4 All charges, and any other fees if applicable, shall be due upon booking and shall be paid as specified in the Booking Form.
16.5 Course/Event charges cover, amongst other things, the cost of training materials and books supplied by the LME, use of appropriate facilities, lecturer's time, refreshments and any room or equipment rental the LME undertake. Where relevant, examination fees and other related expenses will be charged to Customers or Delegates if agreed in advance.
17 TRAINING LOCATION
17.1 Subject to Clause 17.2 and 18.6 below, the LME shall provide the Course/Event on the Date(s) and at the Training Location.
17.2 The LME may by notice alter the Training Location at any time until 72 hours before the Course/Event is due to commence, provided that the new location is within 5 miles of the original location.
17.3 Public courses may be undertaken using portable equipment such as laptop computers and may be in rented accommodation such as a hotel conference rooms or similar. Customers agree that they understand and accept this and shall advise the LME if this is likely to be inappropriate for the Delegate(s) concerned.
18 CANCELLATION / TRANSFER – COURSES AND EVENTS
18.1 If a Customer wishes to cancel the Course/Event or transfer one or more Delegates to another LME Course, the Customer must do so by written notice to the LME.
18.2 Once a booking is confirmed in accordance with Clause 16, the Customer shall be entitled to cancel all or part of the Course/Event provided that the LME receives written notice of the cancellation from the Customer at least 15 business days before the first date the Course/Event is due to take place.
18.3 The Customer shall be entitled to a refund in relation to that part of the Course/Event that is cancelled. For the avoidance of doubt, if the LME receives written notice of cancellation from the Customer in relation to all or part of the Course/Event less than 15 business days before the first date the Course/Event is due to take place, the Customer shall not be entitled to any refund. In no circumstances shall the LME be liable to refund any amount in excess of the charges agreed for the Course/Event.
18.4 Subject to Clause 18.5, the Customer shall be entitled to provide one or more substitute Delegates or transfer one or more Delegates to another LME Course (subject to availability) at no additional cost, provided it gives the LME at least 15 business days’ written notice. If it gives less than 15 business days’ written notice, the LME shall be entitled to charge the Customer an Administration Charge.
18.5 The LME shall be entitled to charge the Customer an Administration Charge on any subsequent changes to a booking where:
a) a Delegate has previously been transferred from another Course/Event, Date or Location; or
b) a Delegate has previously been substituted for another Delegate,
regardless of number of business days’ written notice given.
18.6 In the unlikely event that the LME has to cancel the Course/Event, the Customer shall be entitled to a full refund, except in circumstances beyond its reasonable control (as set out in Clause 5.7). In the event that the LME is required to postpone the Course/Event and can provide an alternative date suitable for the Customer, the Customer shall not be entitled to any refund. The LME shall inform the Customer of any cancellation or postponement as soon as possible.
19 DELEGATE BEHAVIOUR
19.1 Delegates shall act in a reasonable and appropriate manner throughout the Course/Event. The LME may remove a Delegate from a Course/Event, where, in the opinion of the trainer (which shall be final) the Delegate is behaving in an unreasonable and/or inappropriate manner.
19.2 The LME may at its discretion make some material relating to Courses or Events solely available to Delegates on the LME Website for a period of time. To access such information Delegates may be required to register on the LME website and agree to the Website Terms and Conditions, Privacy statement, and Cookies policy in force at the time to access the information.
20 LIABILITY FOR COURSES/EVENTS
20.1 The Customer acknowledges that Courses/Events are generally held on property not owned or controlled by the LME (such as a hotel or conference centre), and that the LME owes no duty of care towards the Customer and/or Delegates whilst on such property. The LME and its agents and employees shall not be liable for any loss, theft, damage or injury to persons or property in the provision of Courses or Events due to any cause whatsoever.
20.2 The Customer shall indemnify the LME against any Losses which the LME incurs in respect of the personal injury to or the death of any person or in respect of any loss or destruction or damage to property (other than as a direct result of any default or neglect of the LME or any person for whom the LME is directly responsible) which arises out of the participation in the Course/Event of the Delegates or any other person for whom the Customer is responsible.
SECTION D – TERMS FOR ONLINE TRAINING
21 BOOKING ONLINE TRAINING
21.1 All charges, and any other fees if applicable, shall be due upon booking and shall be paid as specified in the Booking Form.
21.2 Course fees cover access to the relevant Online Training materials made available on the LME's websites. Where relevant, examination fees and other related expenses will be charged to Customers or Delegates if agreed in advance.
22 ACCESS TO ONLINE TRAINING
22.1 Subject to Clauses 22.2 and 22.3 below, the LME shall provide access to the Online Training for the Delegate via nominated user account(s) protected by username and password on the LME website.
22.2 Access to the Online Training is subject to the Delegate registering on the LME Website and agreeing to our Website Terms and Conditions, Privacy statement, and Cookies policy.
22.3 Once booked, Online Training may be available for the Delegate to undertake for a limited period of time only, as set out on the LME Online Store or relevant Booking Form prior to purchase. Failure by the Delegate to undertake or complete the Online Training during the time it is available will not entitle the Customer to a refund.
23 CANCELLATION / TRANSFER – ONLINE TRAINING
23.1 If a Customer wishes to cancel the Online Training or transfer one or more Delegates to another Online Training service, the Customer is entitled to do so at no additional cost, subject to providing written notice to the LME prior to access being made available to the originally requested Online Training.
23.2 In the unlikely event that the LME cannot make the Online Training available at all, the Customer shall be entitled to a full refund.
23.3 In the event that the LME is required to postpone availability of the Online Training and can provide an alternative date suitable for the Customer, the Customer shall not be entitled to any refund.
23.4 The LME shall inform the Customer of any cancellation or postponement as soon as possible.
SECTION E – TERMS FOR LME HISTORICAL DATA
24 NO REFUNDS
The LME does not allow refunds or exchanges on any data services. All sales of LME Historical Data are final.
Orders for LME Historical Data will be fulfilled on receipt of full payment of the charges. Orders will be dispatched by email where file size permits. Where email delivery is not possible, the LME will contact the Customer to arrange delivery of their order by other means.
26 USE OF LME HISTORICAL DATA
26.1 The LME grants to the Customer the right to use (including the right to extract, store, verify, arrange, manipulate, package, reproduce, make available, distribute, process) the LME Historical Data for personal use and limited internal purposes (including, but not limited to, development, help desk support, marketing, sales, demonstrations and editorial purposes) provided that, in the opinion of the LME, the LME Historical Data is not being used for or does not amount to a separate profit making commercial initiative to which the LME has not given its written consent. For the avoidance of doubt, the Customer shall not (i) use the LME Historical Data as a Benchmark or in connection with the determination of a Benchmark or pass the LME Historical Data to an Administrator in connection with the determination of a Benchmark; and (ii) create any Derived Information from the LME Historical Data.
26.2 The Customer must not misrepresent the LME Historical Data or display or distribute the LME Historical Data in any way that may, as determined by the LME at the LME’s sole discretion, create a false or misleading impression as to the origin or value of any item of the LME Historical Data or the operation of financial markets to which the LME Historical Data relates.
26.3 Any use of the LME Historical Data by the Customer that is not specified in these Terms is not authorised. The LME, upon written request by a Customer, may at its sole discretion approve alternative use of the LME Historical Data by a Customer and the Customer acknowledges that any such approval requires prior separate written agreement from the LME.
26.4 The Customer expressly acknowledges that the interpretation of LME Historical Data requires special skill and knowledge of financial markets.