1. LBMA publishes weekly statistical trade data relating to the Loco London and Loco Zurich OTC markets (the "Data") on its website (lbma.org.uk) and the LBMA-i website (www.lbma-i.com). LBMA attempts to ensure the Data is accurate. However, the Data is not intended to be comprehensive and has not been independently verified. The Data is provided "as is" and "as available" and without responsibility on the part of Simplitium, LBMA, its affiliates, directors, officers, employees, agents or Members (including affiliates of Members) (collectively the "Disclaiming Parties") including as to the correction of any defects in the Data.
2. To the extent permitted by law, the Disclaiming Parties expressly disclaim all liability in relation to the accuracy or completeness of the Data. No Disclaiming Party shall have any liability for any errors, omissions, delays or interruptions in the provision of the Data.
3. No party should take or fail to take action in reliance upon the Data. The Disclaiming Parties bear no responsibility or liability for any such action or omission or the consequences thereof. Any reliance placed by a party on any Data shall be at such party's sole risk.
4. No Disclaiming Party guarantees or makes any representation in relation to the Data’s accuracy, reliability, timeliness, completeness, performance or fitness for a particular purpose.
5. There are no express or implied: (a) warranties; (b) conditions; (c) guarantees; or (d) representations attached to the Data.
6. No Disclaiming Party shall have any responsibility or liability for any:
a. lost profit, revenue or anticipated revenue;
b. business interruption;
c. lost contract or business opportunity; or
d. loss of goodwill
arising from any publication or use of the Data.
7. No Disclaiming Party shall be responsible or liable for any indirect, special, punitive, incidental or consequential losses or damages howsoever arising. This applies even if the Disclaiming Party was advised in advance of the possibility of such loss, or if such loss would otherwise be considered foreseeable.
8. The limitations of liability set out in this Disclaimer shall not exclude or restrict the liability of the Disclaiming Parties in respect of:
a. the fraud, wilful default or gross negligence of the applicable Disclaiming Party;
b. personal injury or death resulting from negligence; or
c. any liability which cannot be excluded or restricted in accordance with applicable law.
9. The exclusions and limitations of liability contained herein shall apply whether:
a. a claim arises in contract, tort, negligence, strict liability, breach of statutory duty, contribution or otherwise;
b. a party brings a claim directly; or
c. a third party brings a claim.
10. The Data is not offered as professional, legal, financial or investment advice to any third party, whether or not a Member of LBMA. It is provided for general information purposes only.
11. Any party accessing the Data does so at their own risk.
12. Any party accessing the Data is not permitted to redistribute the data.