Update : Oct. 15, 2004
TSE Futures & Options Club Membership Agreement
(1) The purpose of the TSE Futures & Options Club ("Club") is to encourage the market to develop, by raising public interest in derivatives such as TOPIX Futures & Options, Individual Options, Japanese Government Bond ("JGB") Futures, and Options on JGB Futures on the Tokyo Stock Exchange, Inc. ("TSE"). This will be achieved by delivering information related to such futures and options ("Information") to the club members through the TSE Futures & Options Club Mailing Service ("Service").
(2) The Club is managed by the TSE.
(3) This Membership Agreement is applicable to the service which the Club offers, the contents of which Agreement may be changed at the discretion of the TSE, without the members' consent.
(4) The Service is offered to club members under the conditions as described in paragraph (1) of this section, and no statement in this document should be construed as a recommendation to buy or sell a security, or to provide investment advice.
(1) A club member is a person, etc. who has applied for membership upon consent to this Membership Agreement, following the procedure as defined in paragraphs (2) and (3) of this section, and has been recognized as a club member by the TSE.
(2) The procedure of membership registration shall be made by filling in the application page on the TSE web site or by sending an appropriate e-mail to the TSE. Written application is also possible, provided that prior approval by the TSE has been sought.
(3) Recognition of the membership application by the TSE as defined in paragraph (1) of this section shall be sent by e-mail. When necessary, however, the TSE reserves the right to acknowledge approval in any other form.
(4) Membership shall not be subleased nor transferred to any third parties.
(Entrance Fee, Membership Fee, etc.)
(1) No charge shall be made for entrance fees, membership fees nor for the delivery of information.
(2) Club members shall bear the cost of telecommunication / online connection costs, (necessary for receiving information from the Club), travel expenses (for attendance to seminars / functions organized by the Club) and any other expenses incurred.
(Notification of alterations)
Club members shall notify the TSE immediately of any changes to the details of the membership registration by filling in the assigned page on the TSE web site or by sending the appropriate e-mail or documentation to the TSE.
(Notice of Withdrawal)
When a club member wishes to withdraw from the Club, the member shall notify the TSE of the withdrawal by filling in the assigned page on the TSE web site or by sending the appropriate e-mail or documentation to the TSE.
(Disqualification of Membership)
(1) The TSE reserves the right to disqualify membership of a club member without any prior notification, in the event that: an e-mail can not reach the member, it becomes clear that the member provided false details upon registration, the member violates any part of this Membership Agreement, or that the TSE deems it necessary to disqualify a member.
(2) The TSE shall not be liable for any costs or damages sustained by club members or any third party caused by the disqualification of membership as defined in paragraph (1) of this section.
(1) The TSE delivers Information to the club members.
(2) Information in paragraph (1) of this section shall be delivered to the club members primarily through e-mail. Unless the TSE deems it necessary to use alternative forms of correspondence, this will remain so.
(3) The TSE may issue the club member with a password which will be used when applying to attend seminars, etc.
(4) The password referred to in paragraph (3) of this section shall not be disclosed, lent, nor transferred to any third parties.
(5) Club members shall use the Information for legal purposes only.
(6) The TSE holds the copyright to the Information. The offering of the Information, in part or in whole, to third parties in the form of a copy, transmission, quotation, distribution for public consumption, alteration to details, transfer, or any other form, without the permission of the TSE is strictly prohibited.
(7) The Service may be terminated without any prior notice, at the discretion of the TSE.
(8) The TSE shall not be liable for any costs or damages sustained by club members or any third parties caused by changes to the way in which the Information is delivered as is defined in the proviso of paragraph (2) of this section or by the termination of the Service as defined in paragraph (7) of this section.
(1) The TSE shall not be liable for any costs or damages sustained by club members caused by delay, non-delivery, etc. because of malfunctioning or suspension of the TSE's web server, network devices, lines, etc., or by power failures, natural disasters, maintenance work, or any other reasons.
(2) The TSE shall not be liable for any costs or damages sustained by club members resulting from the members' decision to act upon information delivered through the Service, since there is a possibility that errors can arise from artificial or system failure, or for any other reasons.
(3) The Information delivered through the Service is such at the date of delivery, however the information may be changed without prior notice. In addition, information delivered through the Service shall not be construed as a statement by the TSE that the information is appropriate to each club member. Club members shall judge for themselves whether or not the information applies to them, based upon their own responsibility and risk.
(4) The TSE shall not be liable for any costs or damages sustained by club members caused by the use of the Information.
(5) The TSE shall not be liable for any costs or damages sustained by other members or any third parties caused by a member's use of the Information, these shall be resolved under the responsibility and at the expense of the member concerned.
(6) The provision of paragraphs (4) and (5) of this section shall be applicable, in the event that there is an error or omission in the Information.
(7) Club members shall take responsibility for the management and use of each password. The TSE shall not be liable for any costs or damages sustained by club members or any third parties caused by misuse of the password or use by any third parties.
(8) The TSE may terminate the management of the Club without prior notice. The TSE shall not be liable for any costs or damages sustained by club members or any third parties caused by the above reason.
In the event of a lawsuit between parties, Club members and the TSE agree to be subject to the jurisdiction of the court, with original jurisdiction being in the district of the TSE's main office in Tokyo .