Market Data Subscriber Agreement
(ACN: 007268386 AFSL: 300767)
17 December 2021
1. OVERVIEW
This Market Data Subscriber Agreement (the “Agreement”) is entered into by and between Client (“Subscriber”) and Tiger Brokers (AU) Pty Limited (“TBAU”). This Agreement governs Subscriber’s receipt and use of the Market Data and constitutes a binding legal agreement by and between TBAU and the Subscriber (collectively the “Parties”).
2. PROPRIETARY RIGHTS IN THE MARKET DATA
2.1 Subscriber acknowledges and agrees that each of the Exchanges has exclusive and valuable property rights in and to its own Market Data, that such Market Data constitute valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges, not within the public domain, that such Market Data shall remain valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges at least until the Exchanges place their respective Market Data in the public domain or authorize placement of their respective Market Data in the public domain, and that, but for this Agreement, Subscriber would have no rights or access to such Market Data.
2.2 "Exchanges" means including but not limited to NASDAQ, NYSE, OPRA, HKEX, LSE, NZX, CME, SGX, CBOE, ASX, Chi-X, NSX and SSX.
2.3 "Market Data" means including but not limited to, opening and closing prices, high-low prices, settlement prices, real- time buying and selling prices, open interest information, last sale prices, price limits, requests for quotations, fixing prices, data curves, estimated and actual volume data, contract specifications and advance or delayed messages. With respect to Subscriber’s obligations under the Agreement, Market Data also includes information, data and materials that convey information to Subscriber substantially equivalent to Market Data.
3. REPORTING
Subscriber agrees to furnish promptly to TBAU, any information or reports that may be requested or required by any of the Exchanges as applicable and that is reasonably related to Subscriber’s receipt of Market Data. Subscriber further agrees to furnish promptly to TBAU any additional information or reports that may be required by TBAU as it relates to Subscriber’s receipt of Market Data.
4. MARKET DATA FEES
4.1 When Subscriber applies for acceptance and use of Market Data, TBAU needs to determine whether Subscriber is a
“Non-professional” stipulated by Exchanges. If Subscriber confirms not to meet, or is not confirmed as a “Non-professional”, TBAU can choose to collect relevant fees from such Subscriber or provide delayed Market Data. The Subscriber may be required to pay a market data fee if certain market data subscriptions are activated. Please refer to TBAU’s online trading platform for details about applicable market data fees.
4.2 TBAU can adjust the Market Data fee standards and preferential fee policies according to the fee standards published by Exchanges and/or related market distributors. If Subscriber does not agree with the fee changes, it can notify TBAU of cancelling subscriptions for Market Data. He/she will be charged according to the Market Data fee standards for the month when TBAU confirms the cancellation instruction, and the cancellation of the market subscription will take effect on the first day of the next month.
4.3 “Non-professional” Subscriber means any person who accesses the information for their personal and private use. This expressly excludes, without limitation, the following:
• anybody registered with any securities agency, regulatory or self-regulatory body;
• anybody engaged in a financial services business or employed as a financial adviser;
• anybody accessing or using the information other than for personal use relating to their own investment portfolio;
• anybody accessing the information in the course of their employment or in connection with any form of trade of business; and
• anybody engaged in the business of accessing or aggregating information and redistributing or otherwise furnishing that information to third parties.
The Non-Professional Subscriber shall be an individual, natural person or small business entity, who must not be a member (or hold or rent any type of membership) of any exchange, or be registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any financial regulatory authority, or be acting on behalf of an institution that engages in brokerage, banking, investment, or financial activities. The Non-Professional Subscriber’s Use of Information must be solely for the Subscriber’s personal or private use and limited to managing the Subscriber’s own assets, and not be used in connection with the management of any assets of any third party(ies) in any capacity. Any Subscriber who does not meet the qualifications of a Non-Professional Subscriber will be considered as a Professional Subscriber.
4.4 When Professional subscriber confirms access to real-time Market Data, he/she shall pay the due Market Data fee to TBAU in accordance with the Market Data fee standards regulated by Exchanges, and TBAU shall pay Exchanges on behalf of Professional subscriber.
4.5 TBAU has the right to inspect from time to time to confirm whether Subscriber is a “Non-professional” stipulated by Exchanges. If it is confirmed that Subscriber’s identity should be adjusted, TBAU will notify Subscriber in writing (e.g., by email) of such adjustment and collect the due fees in accordance with the Market Data fee standards for the updated identification.
5. REAL-TIME MARKET DATA SUBSCRIPTION
When Subscriber files a request for access to a real-time Market Data, Subscriber shall re-confirm his/her rights and obligations with TBAU and Exchanges regarding the subscription of Market Data by providing explicit acknowledgment (e.g., clicking the "Accept" button on Tiger Trade which is a trading platform provided by TBAU).
6. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER
6.1 Subscriber covenants, represents, and warrants that he/she is not engaged in the business of distributing Market Data and that, to his/her knowledge after reasonable inquiry, he/she is receiving the Market Data as authorized hereunder. Subscriber must not disseminate the market data to any third party without express written consent from the relevant exchange (s) and/or TBAU even though it is not for profit.
6.2 Subscriber covenants, represents, and warrants he/she provides true and effective information in the Non-Professional Self-Certification.
6.3 Subscriber agrees that TBAU determines his/her identity by means of the Non-Professional Self-Certification.
6.4 Subscriber agrees that he/she will promptly notify TBAU in writing of any change that may cause he/she to be no
longer a “Non-professional”, and TBAU will determine his/her qualification based on the updated information.
6.5 Subscriber agrees that he/she will not use Market Data in any way to compete with the Exchanges or TBAU, nor use the Market Data in any way so as to assist or allow a third party to compete with the Exchanges or TBAU.
6.6 Subscriber agrees that the provision of Market Data hereunder is conditioned upon Subscriber’s strict compliance with the terms of this Agreement and that TBAU or Exchange may forthwith discontinue said service whenever in its judgment there has been any default or breach by Subscriber of the provisions hereof.
6.7 Subscriber understands that TBAU is obliged to furnish to Exchanges on schedule, any information or reports that may be requested or required by any of the Exchanges and that is reasonably related to Subscriber’s receipt of Market Data. Subscriber further agrees to authorize TBAU to provide his/her information regarding identity confirmation to any of the Exchanges.
7. DISCLAIMER OF WARRANTIES
Market Data is provided, and subscriber agrees that the market data is provided, on an “as is” and/or “as available” basis without warranties of any kind. Subscriber agrees that: TBAU and its affiliates; Exchange and its affiliates; and any of their respective members, directors, officers, employees, do not make any representations or warranties, express or implied, with respect to the market data or the transmission, timeliness, accuracy or completeness thereof, including, without limitation, any implied warranties or any warranties of merchantability, quality or fitness for a particular purpose or use or non- infringement.
8. INDEMNIFICATION
Subscriber will indemnify, defend and hold TBAU and its affiliates, directors, officers and employees harmless from and against any and all claims arising out of or in connection with the Agreement, including, without limitation, any liability caused by untruthful information provided by the Subscriber.
9. TERMS AND TERMINATION
9.1 By accepting and signing below, Subscriber acknowledges and agrees that this Agreement will immediately become effective until the termination of this Agreement.
9.2 Subscriber can notify TBAU in writing 30 calendar days in advance of the termination of the Agreement. TBAU reserves the right to stop services and terminate this Agreement if TBAU believes that Subscriber has violated any of the terms of this Agreement or used Market Data for inappropriate purposes.
10. MISCELLANEOUS
10.1 This Agreement is governed by the laws of Australia and the terms hereof in confliction with the law provisions will be void. The court of Australia has the exclusive right of jurisdiction over the dispute related to this Agreement.
10.2 Subscriber may not assign all or any part of the Agreement without the prior written consent of TBAU.
10.3 In the event of any conflict between the terms and conditions of the Agreement and any other agreement relating to
Subscriber’s receipt and use of Market Data, the terms and conditions of the Agreement will prevail.
10.4 TBAU has the right to modify or amend the content of the Agreement at any time and shall announce such modification or amendment at TBAU’s official website and need not to obtain Subscriber’s prior approval. Any modified or amended term shall take effect upon the date of announcement.
10.5 In case of any terms hereof being fully or partially ineffective or unenforceable due to whatever reason, the other terms hereof shall remain valid and binding.
ACCEPTED AND AGREED- I, the "Subscriber" to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Agreement, that I understand them and that I hereby manifest my assent to, and my agreement to comply with those terms and conditions by signing below.
I acknowledge that:
1. I have read and agree on the above information.
2. I am fully aware that I am declaring jointly to both the Exchanges and TBAU.
3. TBAU reserves the right to impose retroactive penalties charges on me at professional rates should I fail to declare accurately and truthfully.