TERMS & CONDITIONS
This License Agreement (“Agreement”) sets out the legal agreement between you (an accounting practitioner, an accounting practice, Legal Practice, Legal Practitioner, Corporate Finance Firm, Corporate Finance Practitioner, Private Equity Firm, Private Equity practitioner, Venture Capital Firm or Venture Capital practitioner or related service providers at the sole discretion of M&A Markets.), your directors, employees, contractors, agents and assigns, collectively the “Member” and The Commercial & Industrial Exchange Limited (“M&A MARKETS”), an Irish incorporated entity with its registered offices at Wallace House, Canada Street, Waterford, Ireland for the use of M&A MARKETS’s Service (as defined below).
By selecting the "I accept" option the Member acknowledges that the Member has read, understands, and agrees to be bound by the terms of this Agreement and subscribes to the M&A MARKETS newsletter. Notwithstanding the foregoing, the Members use of the Service shall bind them and any employees, agents or subcontractors who access the service to the terms and conditions of this Agreement.
If the Member does not agree with any of the terms or conditions of this Agreement, the Member is not authorised to use the Service for any purpose whatsoever and must discontinue any and all use.
Definitions:
“Certified User” A person nominated by a member firm who can search the Platform and set up automated notifications for themselves.
"Confidential Information" means all information (whether oral, electronic or written and whether it is specifically designated as confidential or not) that relates to the affairs and business information of either party or the party’s partners, employees or agents in anticipation of, or as a result of, this Agreement. This excludes information which is public knowledge, other than through the breach of any duty of confidentiality.
"Intellectual Property or IP Rights" means patents, trademarks, service marks, design rights and database rights (whether capable of registration or otherwise), applications for any of the foregoing, copyright (including copyright in source code, object code, procedures manuals and related documentation), know-how, trade or business names, domain names and other similar rights or obligations, whether capable of registration or not in any country (including but not limited to Ireland).
“Listing” means the advertising of a purchase, sale, merger, partial purchase or partial sale by the Member.
"Member Data" means the data inputted into the Service by the Member about itself or its customers/Clients in accordance with its rights under this Agreement.
“Qualifying entities” means entities entitled to become members of M&A Markets specifically Accounting Firms, Accounting Practitioners, Legal Practices, Legal Practitioners, Corporate Finance Firms, Corporate Finance Practitioners, Private Equity Firms, Private Equity practitioners, Venture Capital Firms or Venture Capital practitioners or related service providers at the sole discretion of M&A Markets.
“Platform” means the M&A MARKETS Digital Trading Platform.
“Publisher” means a person nominated by a member who is licensed to upload and maintain listings and correspond with other members via the Platform.
"Service" means use of the Platform subject to the terms and conditions of this Agreement.
Licence
In consideration of the payment of the fees by the Member (as provided below), M&A MARKETS agrees to provide a limited, non-exclusive, non-transferrable licence to the Member for the use of the Service and any other ancillary services on the single internet site with URL given during the application process (the “Permitted Site”) and on the premises in which the Member is located (the “Permitted Premises”) pursuant to this Agreement for the Term (as defined below) (the “License”). For the avoidance of doubt, a Licence is only permitted to be used on the computer, laptop or electronic mobile device of a Publisher or Certified User (“Authorised Device”).
Term & Termination
This Agreement is effective from the date of approval for membership of the Member (“Effective Date”), and shall remain in full force and effect for one (1) month thereafter unless this Agreement is terminated by any or both parties (the “Term”). This Agreement will renew automatically thereafter each month unless the Member cancels such renewal thirty (30) days in advance by written notice.
Either party can terminate this Agreement immediately on written notice if the other party: (i) is in breach of any of the terms of this Agreement and such breach is incapable of being remedied; (ii) is in breach of any of the terms of this Agreement and, breach being remediable, fails to remedy the breach within such reasonable period as may be specified in a written request to do so; or (iii) is subject to any insolvency or bankruptcy proceedings or ceases to do business (the “Mutual Ground for Termination”.
M&A MARKETS can, in its sole and absolute discretion, terminate this Agreement at any time.
Description of the Service
The Platform can be used by the Member to access and source potential business sales and/or acquisitions or as a platform to provide business information to potential business purchasers or sellers.
To access the Service membership will only be granted to qualifying entities and access for Publishers and Certified Users will be granted by the Member’s administrator or publishers (the “Membership Requirement”).
The Licence is only permitted to be used by a qualifying entity and access to the Service is on behalf of the Members Clients/customers only.
Service begins on the Effective Date, being the date of the approval for membership of the entity and receipt of payment by M&A MARKETS of the membership fee referred to the section Fees & Invoicing below or receipt by M&A MARKETS of a fully completed debit mandate from the Member.
Access to Platform
The Member may only access the Platform through the Permitted Site by using an Authorised Device. The Member shall ensure that the appropriate copyright notices and warnings as to confidentiality are used on or immediately adjacent to all information pertaining to the Member’s advertising or marketing of the Platform.
Fees & Invoicing
The following are fees payable by the Member to M&A MARKETS in connection with the Service:
Membership fee for the use of the Platform.
The amounts payable under each of the above listed fees is available from the Fees Section of the Platform. M&A MARKETS reserves the right to vary its pricing structure at any time, however, any change to the amount to be charged will be communicated to Members .
These fees must be paid by the Member in full prior to the use of the Service at all times unless a debit mandate is in place. However, M&A MARKETS may, at its sole discretion, offer facilities such as monthly, quarterly or six monthly payment offerings. For the avoidance of doubt, the minimum term of membership will always be one (1) month.
All M&A MARKETS fees and commissions are quoted excluding VAT or other sales taxes.
In the event that technical difficulties relating to the use of the Services and the Platform are not remedied within seven (7) days of being notified by the Member as to a fault, the Member may seek a refund of the membership fees paid to M&A MARKETS proportionate to the amount of time outstanding on the Licence. M&A MARKETS reserves the right for its technical team to determine if a fault exists.
No membership fees paid by the Member shall be refunded by M&A MARKETS if the Member unilaterally terminates the Licence on any ground other than a Mutual Ground of Termination after the Member’s partners, employees or authorised agents have accessed the Platform through the login name(s) and password(s) provided.
Information we collect
By using the Service, the Member consents to its contact information being used by M&A MARKETS to send updates about this Service including but not limited to changes to the Service description and changes in the terms and conditions. M&A MARKETS may also send to you details of other products and services from M&A MARKETS that M&A MARKETS, in its sole discretion, determines that it may be of interest to you.
The Member agrees that M&A MARKETS may publicly use the Member’s business or trading name and logo to identify you as our customer and that M&A MARKETS is providing a service to Member in promotional materials including but not limited to case studies, event materials, presentations, website, videos, tweets and any other media.
In use of the Service, the Member agrees to grant M&A MARKETS a non-exclusive, transferable, royalty-free, worldwide and fully paid-up license to use the Member Data for the purposes of analysis and development, including IP development (“M&A MARKETS Development”). Any such M&A MARKETS Development shall be fully owned by M&A MARKETS and the Member hereby agrees that it shall have no rights or claims whatsoever over M&A MARKETS Development and waives any and all rights and claims, including any moral rights, over the M&A MARKETS Development whether now known or hereafter devised.
Should the Member provide any feedback, advice, comment, instruction or any other verbal or written communication directly or indirectly to M&A MARKETS about the Service (“Member Feedback”),the Member hereby grants to M&A MARKETS a non-exclusive, transferable, royalty-free, worldwide and fully paid-up license in and to the Member Feedback.
Member Data includes payment information. M&A MARKETS does not always store complete payment information. Where relevant this data is maintained by our payment processing providers who are Payment Card Industry (“PCI”) compliant. M&A MARKETS will retain details such as your billing address, email, telephone number and partial credit card details including the expiry date, the last four digits of the card number and the name on the card. M&A MARKETS does not retain full card numbers or CVV codes. This information is retained solely for the purposes of customer service and in no way is this information share with any third party or used for any other purpose than for customer and technical support
Ownership of Intellectual Property Rights
The Member acknowledges and agrees that M&A MARKETS owns all IP Rights in the Service and the Platform or which may arise out of the performance of the Service or use of the Platform. Except as expressly stated otherwise, this Agreement does not grant the Member any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service, the Platform or any related documentation. The Member further acknowledges that all rights, title and interest to the Service are owned by M&A MARKETS and that the Member's rights to use the Service are limited to those expressly set out in this Agreement.
The Member authorises M&A MARKETS to access, store, update, modify and otherwise deal with (as appropriate) any Member Data to enable it to properly perform any Service pursuant to this Agreement.
Except as otherwise expressly provided herein, nothing in this Agreement grants to any party, any right and title or licence to the other party's Intellectual Property rights.
Upon termination of this Agreement, all rights granted under this Agreement, unless otherwise stated, shall automatically terminate and each party agrees to immediately cease using or displaying the Intellectual Property rights of the other party.
Data Protection
While we are carrying out services that you have requested, we may be required to process your personal data or that of your staff or representatives or third parties with whom you do business.
You are responsible for ensuring that the personal data you supply to us has been collected in a lawful manner and that you are permitted to disclose this information to us and that it is accurate and up-to-date.
We may process your personal data in order to send you updates on topics which we would deem relevant to your business or to inform you of additional services we could provide to your business which may be of interest to you. Should you prefer not to receive such information, please let us know.
We advise you to read our full Privacy Policy available at www.mnamarkets.com which details how we collect, process and retain personal data as well at outlining our responsibilities as a data controller and the rights you have as an individual.
M&A MARKETS's Obligations
M&A MARKETS will provide such instruction to enable the Member to make use of the Service as M&A MARKETS reasonably considers appropriate. There is no obligation on M&A MARKETS to provide direct setup and any direct setup by M&A MARKETS will be done in its absolute discretion.
M&A MARKETS will take all reasonable steps to ensure that all Member Data under M&A MARKETS’s control is kept secure in accordance with good industry practice.
For the purposes of the Data Protection 2018 and the General Data Protection Regulation EU 2016/679, where the provision of any part of the Service requires M&A MARKETS to process personal data supplied by the Member as Data Controller, then M&A MARKETS shall act only on instructions from the Member as data controller and shall only carry out processing on the Member's instructions.
M&A MARKETS may intermittingly produce and make available M&A MARKETS blogs, E-Zine and such publications on M&A MARKETS’s website or other websites (the “On-Site Commentaries”). The On-Site Commentaries do not reflect or contain M&A MARKETS’s opinions or the opinions of M&A MARKETS’s shareholders, agents and employees and the On-Site Commentaries are for information only.
The Member acknowledges and understand that M&A MARKETS does not advise, broker or value the businesses listed in the Platform and that M&A MARKETS does not accept any liability for any breach of confidentiality of such businesses’ or other information including if the breach is caused by M&A MARKETS’s employees and / or agents.
Member's Obligations
The Member shall take all reasonable technological and security measures to ensure that its login details to the Platform are physically secured from unauthorised use or access. It is the Members responsibility not to allow access to the Platform by anyone who is not a members partner, employee or authorised agent. The Member is responsible for their own password and security and the Member must ensure that usernames and passwords are not divulged to third parties.
The Member shall ensure that all information provided by them in their capacity as acting for any potential buyer or seller or investor is accurate and all such information will be deemed accurate by M&A MARKETS when inputted by the Member in the Platform. The Member is responsible for the credibility and accuracy of the data imputed or uploaded to the Platform by the Member or the Members partners agents or employees and the Member hereby accepts full liability for and indemnifies M&A MARKETS of any incorrect or unauthorised access made to the Platform through an access point listed to the Member.
The Member shall not use the information or data of the Platform or allow it to be used by other, or put information into such platform in any manner which M&A MARKETS may reasonably feel is inconsistent with M&A MARKETS’s goodwill.
The member shall also fully comply with all relevant terms and conditions on the third party marketplaces or accounts that Member links or associates with their M&A MARKETS account or Service.
The Member will fully comply with all applicable laws and regulations when performing its obligations under this Agreement and obtain all third party consents, licences and rights reasonably required in order to allow M&A MARKETS to perform the Service.
The Member shall ensure that partners, employees or authorised agents observe the restrictions on the use of the Platform as set out in this Agreement and that all of the the Member’s obligations under this Agreement are passed on to the Member’s employees (the “Restrictions Requirement”). The Member and The Member’s employees shall use the Service correctly according to guidelines supplied by M&A MARKETS. Where the Member's own employees undertake work which impacts upon the performance of the Service, then the Member undertakes to use sufficiently qualified and competent employees to ensure that the Service are not adversely affected or delayed. The Member shall be responsible at all times for the acts and omissions of any of the the Members’s employees who performs any activities under this Agreement.
The Member agrees and understands that its failure to comply with the Membership Requirement, the Restrictions Requirement and the IP Rights Requirement (as defined below) may result in financial penalties against the Member and or including the Members expulsion from the Platform. Such expulsion will incur the removal of all listings placed by the Member and M&A MARKETS reserves the right to bar either the Member or individual employees within the Member’s practice and or members their agents and employees, at the sole discretion of M&A MARKETS.
Should the Member fail to perform any of its obligations under this Agreement then M&A MARKETS will not be responsible for any delay, cost increase or other consequences arising from such failure, and the Member shall reimburse M&A MARKETS for any costs or expenses incurred by M&A MARKETS due to such failure. M&A MARKETS shall not be responsible for any matter arising from a lack of appropriate IT knowledge or experience on the part of any of the Member's employees.
If the Member’s subscription is terminated for any reason, it is Member’s responsibility to disconnect any marketplace accounts from the Service.
Intellectual Property Rights
The Member acknowledge that all IP Rights in the Service and the Platform provided by M&A MARKETS throughout the world belong to M&A MARKETS, that rights in the Service are licensed and not sold to you, and that you have no rights in or to the Service other than the right to access and/or use it in accordance with the terms of this Agreement.
The Member acknowledge that they have no right to have access to the Service in source code form or in unlocked coding. The integrity of the Service is protected by technical protection measures (“TPM”) so that the IP Rights, including copyright, in the Service are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
The Member shall ensure that: they fully protect the IP Rights in the Service and the Platform; that they shall not alter, remove or tamper with any trade name, trademark, logo or other means of identification used on it in relation to the Service; that they will notify M&A MARKETS if they suspect any infringement or other breach by a third party of these IP Rights; and that they will give M&A MARKETS all reasonable assistance (at M&A MARKETS expense) and comply with all reasonable instructions from M&A MARKETS in M&A MARKETS’s pursuit of any infringement (the “IP Rights Requirement”).
The Member shall ensure compliance with M&A MARKETS’s instructions with regard the use of M&A MARKETS’s trademarks or use of copyright acknowledgements or other indication of M&A MARKETS’s IP Rights in any report or publication which the Member creates from its use and activity on the Platform.
Indemnity
The Member shall defend, indemnify and hold harmless M&A MARKETS against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the usage of the Service and the Platform.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake: (a) not to copy the Service; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or any part thereof; (c) not to make alterations to, or modifications of, the whole or any part of the Service or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Service with another software program; (ii) is not disclosed or communicated without M&A MARKETS’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and (iii) is not used to create any software which is substantially similar to the Service; (e) to supervise and control use of the Service and ensure that the Service is used by your employees and representatives in accordance with the terms of this Agreement; (f) to use the most current version of the Service, including upgrading to any updated or upgraded version or new release provided by M&A MARKETS under the terms of this Agreement immediately on receipt of such version or release; (g) not to provide, or otherwise make available, the Service in any form, in whole or in part to any person other than your employees without prior written consent from M&A MARKETS; (h) not to access all or any part of the Service in order to build a product or service which competes with the Service; and (i) not to attempt to obtain, or assist third parties in obtaining, access to the Service other than as set out in this Agreement.
The Member shall not access, store, distribute or transmit any viruses, worms, trojans or other material which may prevent, impair or otherwise adversely affect the operation of any software, hardware, equipment, network or telecommunications service, or any material during the course of your use of the Service which: (a) is unlawful, harmful, threatening, defamatory, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or (f) causes damage or injury to any person or property, and M&A MARKETS reserves the right, without liability to you, to disable your access to any material that breaches this condition.
Limitation on Liability
Nothing in this Licence shall exclude or in any way limit either party’s liability for death and personal injury resulting from negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.
The full contents of the Platform and M&A MARKETS’s website are intended for holders of the Licence, The Platform is not intended to be read or used by non-qualifying entities and / or non-Licence holders. Notwithstanding anything contained herein, M&A MARKETS shall, in its sole discretion, be free to make available certain excerpts of the information to the general public on completion of the M&A MARKETS registration process.
The Member uses the Service and the Platform at its own risk. M&A MARKETS shall not be liable under or in connection with this Agreement for: (a) loss of income; (b) loss of business profits or contracts; (c) business interruption; (d) loss of the use of money or anticipated savings; (e) loss of information; (f) loss of opportunity, goodwill or reputation; (g) loss of, damage to or corruption of data; or (h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
M&A MARKETS’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise (including any liability for the acts or omissions of its employees or agents), shall be limited to a sum equal to the total fees paid to M&A MARKETS since Member firm’s first registering for the Service or in the six (6) month period immediately preceding the date the cause of action arose, whichever is the lowest.
M&A MARKETS does not warrant that the Service offered herein will not infringe third party intellectual property rights (whether such rights subsist in Ireland or otherwise).
This Agreement sets out the full extent of M&A MARKETS’s obligations and liabilities in respect of the supply of the Service. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on M&A MARKETS except as specifically stated in this Agreement. Any condition, warranty, representation or other term concerning the supply of the Service offered by M&A MARKETS which might otherwise be implied into, or incorporated in, this Agreement or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
The Member acknowledges that the Member alone is responsible for the information and data the Member holds, as well as that arising from the use of the Service and the Member assumes sole responsibility for the security of such information. The Member acknowledges that the Member alone is responsible for forecasting and calculating any damage the Member is liable to suffer in the event of any problem arising in the performance of the Service. As a consequence, the Member acknowledges that it is the Member’s responsibility to insure its business against all risks which the Member regards as appropriate having regard to the Member’s own individual circumstances and the terms of this Agreement.
M&A MARKETS shall not be responsible for any information, advice and recommendation given by the Member to its end users. M&A MARKETS shall not be responsible for inaction on behalf of the Member and M&A MARKETS holds no liability in relation to any breach of professional duty or care to the Member’s end users, businesses or interested parties.
The Member acknowledges that all transactions made by the Member as a result of using the Service, whether directly or indirectly, are made between the Member and the seller, buyer or acquirer directly, and M&A MARKETS accepts no responsibility for and is not a contractual party to same. The Member undertakes to abide by all legislative and regulatory provisions, including without limitation, all consumer protection, distance selling regulations and tax and indirect tax compliance.
The Member acknowledges and agrees that M&A MARKETS shall have no liability in the event that any third party operator makes changes to their service or their API for which render the Service or part of the Service offered obsolete or prevent access to the third party platform or service. M&A MARKETS shall have no liability for any decisions or actions of the third party platform operator or their consequences, whether they arise with or without warning and irrespective of the consequences.
M&A MARKETS is not liable for: (a) the integrity, completeness, precision, accuracy or updating of information or data provided by the Service which is dependent upon third parties; or (b) information uploaded by a Member to the Service or to third party marketplace service provider such as Hosting Ireland.
In the event of breach of, or failure to comply with, the terms of use or access of a third party marketplace platform (including but not limited to Hosting Ireland, or due to general issues of seller performance (including, without limitation, feedback ratings) the marketplace operator may (at their discretion) terminate your access to and use of their marketplace (on either a temporary or permanent basis). M&A MARKETS accepts no liability for any such termination whether caused by use of the Service or otherwise.
The Member hereby acknowledge that whilst the Platform regularly updates the information uploaded or imputed by the Member, M&A MARKETS does not provide an absolute guarantee of a real-time connection with the third party marketplace and as a result, there may be a discrepancy in data provided by the Service, for example, between the information displayed in the Platform and the information actually uploaded or imputed by the Member. M&A MARKETS accepts no liability in such event. It is your sole responsibility to monitor your information in the Platform on a regular basis.
M&A MARKETS shall not be liable for any fluctuations in exchange rates or currency conversions or for the accuracy, completeness or reliability of any information supplied to it by third parties, if any.
M&A MARKETS shall use commercially reasonable endeavours to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned maintenance; or (b) unscheduled maintenance. M&A MARKETS does not accept any liability for any unavailability of the Service due to events outside of its control, including without limitation, network failures.
M&A MARKETS shall not be liable for any content or information contained in the On-Site Commentaries or expressed consequently.
Force Majeure
Neither party shall be liable to the other by reason of any failure in performance of this Agreement if the failure arises from an event outside of its reasonable control (“Force Majeure”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government.
Confidentiality
M&A MARKETS and the Member agree to use the Confidential Information only for the purposes of performing the obligations imposed or the rights acquired under this Agreement, save that each party is allowed to collect, analyse and publicise data and results from such data for the purposes of trend analysis and marketing.
The Member agrees and understands that any information uploaded by the Member to the Platform will be used by M&A MARKETS to conduct marketing trends, business studies and other such business information gathering. M&A MARKETS reserves the right to remove incorrect or inappropriate material inputted or uploaded by the Member to the Platform.
Except as required by law, M&A MARKETS and the Member agree not to disclose confidential information to any third parties or to any employees except those who are directly involved with this Agreement without each other’s prior written consent. However, M&A MARKETS reserves the right to inform its employees, temporary workers or subcontractors of any Confidential Information relating to the Member or the Member’s business if such communication is necessary or desirable for M&A MARKETS’s performance of its obligations arising from this Agreement, it being understood that M&A MARKETS will bring the confidential nature of this aforementioned information to such person’s attention.
General
The Member may not transfer or assign any or all of the Member’s rights or obligations under this Agreement.
If M&A MARKETS fails, at any time during the term of this Agreement, to insist on strict performance of any of the Member’s obligations under this Agreement, or if M&A MARKETS fails to exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve the Member from compliance with such obligations. A waiver by M&A MARKETS of any default shall not constitute a waiver of any subsequent default. No waiver by M&A MARKETS of any provision of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Service and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
The parties acknowledge that, in entering into this Agreement, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Agreement except as expressly stated in this Agreement.
Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in this Agreement.
All notices which the parties are required to give to the other under this Agreement shall be made in writing. The Member shall send its notices to M&A MARKETS to support@mnamarkets.com. M&A MARKETS shall send to the Member firm to the address given during the Member’s application process or such other address which the Member subsequently provides for that purpose to M&A MARKETS. Notices affecting all members of M&A MARKETS shall be placed on the Platform and it is the sole responsibility of the Member to keep updated.
This Agreement, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising from, or related to, any element of this Agreement shall be subject to the exclusive jurisdiction of the courts of Ireland. You agree that any legal proceedings brought by you against M&A MARKETS arising out of or in connection with this Agreement may only be brought by you in the courts of Ireland unless you reside in another member state of the European Union. If you reside in any other jurisdiction, proceedings may be brought by M&A MARKETS there instead.