Agreement of Terms of Use
KINDLY CAREFULLY READ THIS AGREEMENT PRIOR TO SUBMITTING THE REGISTRATION FORM.
By submitting the Registration Form and checking the box next to “I have read and agree to be bound by the Agreement and the Terms and Conditions therein” as instructed, you hereby agree to, subject to the Company’s approval of your application, enter into a legally binding contract with the Company and abide by all the terms as outlined in the applicable Agreement on an ongoing basis.
YOU hereby accepts the following terms and conditions (Terms and Conditions), in addition to any other terms and conditions issued by the company in the future. General Terms and Conditions of COMPANY’S Services (hereinafter referred to as “COMAPNY”), which expression shall include its successors and legal assigns agreeing to (as hereinafter defined) to the customer or the performance of any transaction or subscription to any COMPANY’S services (as hereinafter defined).
These Terms and Conditions shall apply to all COMPANY accounts of any sort that the customer opens or maintains with the COMPANY, and shall govern all transactions made through such accounts. A customer’s subscription to, use of, or completion of any transaction with the company constitutes acceptance of these terms and conditions, as they may be updated from time to time.
PHRASING
If a word only applies to the singular, it also applies to the plural and vice versa. If an account is opened in the name of one customer, it also applies to all customers whose names are on the account, unless the text specifically states otherwise. Any reference to a gender shall refer to all genders, and any reference to a person shall include a sole proprietor, a partnership, a business, a corporation, or any other legal entity. These Terms and Conditions and their amendments constitute an integral part of this Agreement documents and relevant Service offered by the COMPANY TO THE CUSTOMER.
HEADINGS AND TERMS
Unless the context requires otherwise, the following expressions in these Terms and Conditions shall have the meanings herein designated where the context so permits:
ACCOUNT. Any account a customer opens with a COMPANY is referred to as an account.
COMPANY: “we,” or “us” or “seller” shall, where the context so permits or requires, be deemed to mean TRADEMH.NET its subsidiaries and their successors and assigns;
CUSTOMER: shall mean the party (or parties) who have agreed to be bound by the terms of this Agreement; “you,” or “your” or “user” or “buyer” or “member” means you and your Authorized Users
SERVICE: means any kind of service(s) offered by the COMPANY to the Customers such as and without limitation Website, Purchased plans, data services, making payments through the internet or any other technology, and/or any other kind of COMPANY Services provided to the Customer at any time.
AGENTS: means any person or persons appointed or approved by the COMPANY to support or offer COMPANY Services.
BENEFICIARY: means the authorized recipient of any funds through Services.
CUSTOMER ACCOUNT: means your account on the Services.
CUSTOMER CONTENT: means any content, including profile information, comments, questions, and other content in any form or medium, that is submitted, posted, displayed, transmitted, or otherwise made available on the Services by or on behalf of Customer or any other Authorized User. For the avoidance of doubt, output, copies, reproductions and other derivative works generated by your use of the Services as expressly permitted hereunder which are derived from Customer Content are themselves also Customer Content; provided, however, that Aggregated Statistics is not Customer Content.
DOCUMENTATION: means COMPANY’s user manuals, handbooks, guides, FAQs, instructional videos, relating to the Services provided by COMPANY to Customer electronically and relating to the Services available at www.trademh.com
FEEDBACK: means any communications or materials sent to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, ideas, or the like, about the Services.
CUSTOMER’S INSTRUCTIONS: means the instructions given by the Customer to the COMPANY from time to time regarding the Account.
SERVICES: means the online and/or mobile services, web site, and software provided on or in connection with the service provided by COMPANY under this Agreement and as detailed on COMPANY’s website at www.trademh.net
THIRD-PARTY PRODUCTS: means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Services.
USER OR USERS: means all visitors, users, you, customer and others who access the Services.
USER ACCOUNTS: means different types of accounts for different types of Users.
REGISTRATION FORM: the online application form of the (as amended from time to time) available on the COMPANY’S Website;
APPLICABLE LAW: all applicable laws, regulations, notices, directions, orders, standards, codes, rules, practice notes, guidelines or any instrument or publication issued by any relevant regulatory body whether having force of law or otherwise;
INTERNET: means a collection of information stored in a computer available throughout the world.
LATE PAYMENT AMOUNT: means amount to be charged to your account as late payment penalty;
TERMS AND CONDITIONS OR TERMS: means these terms and conditions
BUSINESS DAY: means any official working day on which the COMPANY is open for business.
REWARDS: means the benefits and gains that may be received as a promise for free without any fees or charges under certain terms and conditions that must be adhered to.
VALUE DATE: means the date on which the funds/ benefits/ gains pertaining to and a certain service/ plan (s)/ transaction are made available to the beneficiary.
THE COMPANY ELECTRONIC INSTRUCTIONS: means the COMPANY electronic documentation via the Internet, Mobile, Email, Phone COMPANY’s operating instructions or reference guidelines issued by the COMPANY in any written form or in the guide on the COMPANY website.
AGREEMENT: shall include this agreement and all other agreements and authorizations executed by Customer in connection with the maintenance of Customer’s account with COMPANY. The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.
Before using any website maintained or run by COMPANY, please read these Website Terms of Use (“Terms of Use”), TERMS AND CONDITIONS, TERMS, and AGREEMENT carefully or any of its affiliate entities (“Site”). Do not access or use this Site if you do not agree to all of the terms and conditions stated in these Terms of Use since doing so would be considered unlawful access and use. You have access to a wide range of materials and content via the Site. These consist of (a) software and software as a service offerings (referred to as “Software”); (b) web pages, data, messages, text, images, photographs, graphics, audio and video, including podcasts and Webcasts; and (c) materials such as press releases, white papers, product data sheets, specification materials, and FAQs (referred to as “Materials”). The term “Content” refers to all information, content, software, materials, community services, and other products and services The following Terms of Use is between you (“You” or “Your”) and COMPANY and its affiliated companies.
This CUSTOMER Agreement (“Agreement”) sets out the terms and conditions pursuant to which COMPANY and their agents and assigns (collectively in this Agreement, “COMPANY”) in this Agreement, “CUSTOMER”, “you”, or “your” or “client” or “user” (or similar) refer to the Account owner, and “we”, “us” or “our” or “I” (or similar) refers to COMPANY.
BY AGREEING TO THIS AGREEMENT AND OPENING OR USING AN ACCOUNT, YOU EXPRESSLY AGREE TO THE TERMS OF THIS AGREEMENT AND ANY OTHER AGREEMENTS OR TERMS INCORPORATED INTO IT. CLICKING OR TAPPING “SUBMIT APPLICATION”, “AGREE” OR ANY SIMILAR BUTTON OR ACKNOWLEDGEMENT AS PART OF THE APPLICATION PROCESS, IS LEGALLY EQUIVALENT TO MANUALLY SIGNING THIS AGREEMENT, AND YOU WILL BE LEGALLY BOUND BY THIS AGREEMENT WHEN YOU CLICK OR TAP SUCH BUTTON. THIS AGREEMENT AND ITS TERMS MAY BE SUPPLEMENTED OR AMENDED FROM TIME TO TIME BY COMPANY WITHOUT NOTICE TO YOU, AND SUCH NOTICE REQUIREMENT MAY BE SATISFIED BY THE REVISED TERMS BEING POSTED ON THE COMPANY WEBSITE, AND YOU AGREE TO CHECK FOR UPDATES TO THIS AGREEMENT. BY CONTINUING TO MAINTAIN ANY ACCOUNT OR ACCESS ANY SERVICES WITHOUT OBJECTING TO ANY REVISED TERMS OF THIS AGREEMENT, YOU ARE DEEMED TO ACCEPT THE TERMS OF THE REVISED AGREEMENT AND WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU REQUEST OTHER SERVICES PROVIDED BY COMPANY THAT REQUIRE YOU TO AGREE TO SPECIFIC TERMS AND CONDITIONS ELECTRONICALLY (THROUGH CLICKS OR OTHER ACTIONS) OR OTHERWISE, SUCH TERMS AND CONDITIONS WILL BE DEEMED AN AMENDMENT AND WILL BE INCORPORATED INTO AND MADE PART OF THIS AGREEMENT. THIS AGREEMENT IS A LEGAL AGREEMENT AND IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND ITS TERMS BEFORE AGREEING TO IT.
If anything in this agreement is unclear to you or if you have any queries, you should carefully study it and seek independent professional advice. If you have any questions about this agreement or if you disagree with any of its provisions, do not use our services. This agreement will be deemed your consent if you use our services, and it will serve as the basis of our legal relationship with you.
All COMPANY CUSTOMERS are subject to the terms and conditions of this legally binding agreement (the “Agreement”). It defines your and our obligations and liabilities to one another and contains crucial details regarding the services we offer to our CUSTOMERS.
You accept these Terms of Use by browsing the Site, accessing or using the Site or the Content made available on or through the Site. These Terms of Use are subject to modification at any time and without prior notification by the COMPANY. The most recent version of the Terms of Use displayed on the Site at the time of such use shall govern your access to and use of the Site. The COMPANY reserves all rights not expressly granted herein. These Terms of Use supersede all earlier or contemporaneous, contradictory or additional messages and set forth the whole understanding pertaining to the use of this website. The COMPANY retains the right to change, revise, suspend, or otherwise alter all or part of these Terms of Use.
Farther. You affirm and guarantee that: (a) You are at least 18 years old and of legal age as defined by the laws of the country in which you now reside. (c) This Agreement may be entered into by you with authority. (c) The Account is wholly owned by you. The Account formed in accordance with this Agreement is not subject to any other party’s interest. (d) Unless otherwise disclosed to COMPANY in writing, neither you nor any member of your immediate family is employed by any exchange, any corporation of which any exchange owns a majority of the capital stock, any firm or member corporation registered on any exchange, a COMPANY, trust COMPANY, insurance COMPANY, or any corporation, firm, or individual engaged in the business of dealing in securities either as a principal or as an agent. You promise to give COMPANY timely written notice if you or a member of your immediate family registers or starts working in any of the aforementioned positions. (e) You are using the Account for personal, non-commercial purposes and are not a “Securities Professional” Financial Broker. (f) You are not a publicly traded COMPANY’s officer, director, or 5% stockholder.
TRANSMISSIONS VIA ELECTRONICS
You are communicating with us digitally when you use the WEBSITE OF COMPANY or send us emails. You give us permission to communicate with you online. Messages from us to you will be sent to your email address or posted on this website. You concur that all contracts, notifications, disclosures, and other communications we deliver to you electronically satisfies all written communication requirements established by law.
NO ADVICE
You are aware that COMPANY does not offer you any advice, particularly no tax, legal, financial, or accounting advice. We strongly advise you to speak with your personal tax professional or lawyer.
DISCONTINUATION OF SERVICES
You are aware that the COMPANY may terminate your Account and any associated services at any time and without further notice to you. Any foul or abusive language, physical harm, threatening actions, or other inappropriate behavior directed at the COMPANY or its or its Affiliates’ officers, employees, contractors, or CUSTOMERS will not be tolerated by the COMPANY. Your Account may be terminated if you engage in any such behavior, as decided by COMPANY in its sole discretion. Further, in case your account expires or is not renewed, the COMPANY WILL DISCONNECT YOUR ACCOUNT AND DELETE YOUR INFORMATION.
TERMS THAT APPLY TO PARTICULAR AREAS AND CONTENT OF THE SITE
Additional rules, guidelines, license agreements, user agreements, or other terms and conditions may apply to your access or use of certain areas of the Site or the Content that are made available on or through the Site (including terms and conditions that apply to a business or other organization and its users). The rules, guidelines, license agreement, user agreement, or other terms and conditions for a particular area of the Site or for a particular piece of Content that conflict with or are inconsistent with these Terms of Use shall take precedence with regard to your access to and use of that area of the Site or that piece of Content.
NOTICE RELATING TO THE SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available for download from this website is a third party provider’s or the COMPANY’s copyrighted creation. Use of the Software is governed by the terms of the end user license agreement. Any Software that is accompanied by or includes a License Agreement may not be installed by an End User unless the End User first accepts the terms of the License Agreement. The Software is only made available for download so that end users may use it in accordance with the terms of the License Agreement. Any unauthorized redistribution or reproduction of the Software is explicitly banned by the License Agreement and may be subject to severe civil and criminal consequences. Criminal prosecution will be pursued to the fullest extent.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
UTILIZATION OF COMMUNITY SERVICES
The COMPANY is under no obligation to participate in or provide any technical support for Community Services, which are offered to users as a convenience. Community Services are not the company’s official customer care channel, even if they may contain information on the company’s goods and services as well as information from its staff.
You may use community services as long as you abide by the following restrictions: (a) community services may only be used for your own personal, noncommercial informational purposes; (b) community services content may not be redistributed; and (c) personal information about other users may not be stored or collected unless specifically permitted by the COMPANY.
LIMITED RIGHTS
Downloads of INFROMATION OR SOFTWARE from this site come with limited rights. The commercial license rights and restrictions set forth herein apply to Customer’s use, copying, and disclosure of the Software and Materials.
NOTICE SPECIFIC RELATING TO THE MATERIALS AVAILABLE ON THIS WEBSITE
The following conditions must be met in order to use the COMPANY-owned materials from this site: (1) the copyright notice below must appear in all copies; (2) the use of the materials from this site must be for informational purposes only; (3) no materials may be modified; and (4) neither the copyright notice nor this permission notice may be removed from any copies. Downloading and reproducing the Materials for use in the classroom is permitted for accredited educational institutions, including universities, state community colleges, private/public colleges, and others. Requests for distribution outside of the classroom must be made in writing. Any other use is explicitly forbidden and might lead to harsh civil and criminal penalties. Criminal prosecution will be pursued to the fullest extent.
The design or organization of the Site or any other website that is owned, administered, licensed, or controlled by COMPANY is not included in the materials mentioned above. The COMPANY Site’s components cannot be duplicated or imitated in whole or in part because they are protected by trade dress and other laws. Without the COMPANY’s specific permission, no logo, graphic, sound, or picture from the COMPANY Site may be duplicated or retransmitted.
All of the materials and related graphics published on this site are provided “as is” without any warranty of any kind, and the company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The company may at any time make improvements and/or changes to the software and/or the program(s) described herein. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
INFORMATION ABOUT SOFTWARE, MATERIALS, AND SERVICES AVAILABLE ON THIS WEBSITE
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, INCUR BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION COMAPNYILABLE FROM THIS SITE.
NO CANCELLATION RIGHTS
Before placing your order with us, you will be given a summary of it that will include the pricing of the necessary services (plans), as well as all applicable fees, expenses, taxes, and other deductibles. Before you finally place the purchase order, it is your obligation to make sure that your requirements are appropriately reflected, and that you agree to the price and any applicable fees, expenses, taxes, and other deductibles. A purchase order cannot be canceled once it has been placed. Additionally, the COMPANY will not issue any refunds for any stated reasons.
PASSWORDS, SECURITY, AND METHODS OF ACCESSING THE WEBSITE AND ITS CONTENT
You must complete the registration process by giving us current, complete, and accurate information requested by the applicable registration form if any of the Services require you to establish an account or REGISTER as an account holder. You might also be asked to select a user name and a password. Only authorized users are permitted access to and use of the Site’s password-protected or secure areas. You consent to keeping your password(s), account details, and access to the Site private. You are in charge of keeping your passwords and account information secure. You also bear responsibility for any and all actions taken using your passwords, accounts, or as a result of your access to the Site. You consent to immediately notify the COMPANY of any unauthorized or improper use of your password(s) or account(s) that complies with these Terms of Use.
ILLEGAL ACTIVITIES
The COMPANY offers you authorized access to and use of a range of Materials and Services through the Site. All information, data, documents, communications, downloads, files, text, pictures, photographs, graphics, videos, webcasts, publications, content, tools, resources, product information, software, code, programs, and goods made available or enabled by the Site are collectively referred to as Materials. Services refers to all products and services that the Site offers or makes available, including download areas, developer tools services, product and other information services, and communications services like message or communication facilities like bulletin boards, chat areas, communities, forums, and newsgroups. You agree that you are not a competitor of the COMPANY (or an agent thereof) and that you will not access or use the Site, Services, or Materials for any purpose that is improper, illegal, or prohibited by the Terms of Use or applicable license agreement. You agree that you shall not engage in any of the following improper acts when accessing or using the Site, Services, or Materials:
MODIFICATIONS TO THE SERVICES
Without notice, we reserve the right to modify the Services, stop offering some Services to you or to Users in general, or impose usage restrictions on the Services, for any reason or without reason, including if in our sole judgment you breach any aspect of this Agreement. We may permanently or temporarily terminate or suspend your access to the Services without prior notice or responsibility. You are still obligated to abide by this Agreement even if it is terminated for any reason or no reason at all.
DISPUTES WITH OTHER USERS
You alone are accountable for all communications with other Users. Although we reserve the right to do so, we are under no duty to do so. Your contacts with other Users, as well as any User’s activity or inaction, are not the responsibility of COMPANY.
CHARGING PRACTICES
There may be a fee or other charge for some Services’ features. If you want to utilize the paid features of the Services, you accept the Pricing and Payment Terms that are currently in effect and may be found at www.trademh.net. The COMPANY may, at any time and at its sole discretion, add new services for additional fees and charges, as well as add or modify fees and charges for already-offered services. Any modification to our pricing and payment terms will take effect in the billing cycle.
CANCELLATION POLICY
Your Customer Account may be cancelled at any time, however there are no reimbursements for cancellations. You acknowledge and agree that, in the event that COMPANY suspends or terminates your Customer Account or this Agreement, you will not be entitled to any refunds or exchanges for any unused subscription time, license fees, subscription fees for specific Services, content or data linked to your Customer Account, or for anything else.
PAYMENT METHOD
The COMPANY may occasionally accept payments by a variety of channels, including but not limited to credit card, debit card, cheques, crypto currency, etc. by specific payment processors. User agrees to pay for the purchased plane(s) using the payment method(s) that User chooses at the time of purchase (the “Payment Method”), and User authorizes COMPANY to charge User for the purchased plane(s) through any of those payment method(s) (the “Payment Method”). (COMPANY may, from time to time, receive and use updated payment method information provided by User or that financial institutions or payment processors may provide to COMPANY to update information related to User’s Agreements between the user and the financial institution, credit card issuer, or other provider of the user’s chosen Payment Methods (the “Payment Method Provider”) may be necessary for some Payment Methods, such as credit cards and debit cards. In the event that User’s Payment Method Provider fails to pay COMPANY, User consents to pay all outstanding sums directly upon demand from COMPANY. User’s non- termination or continued use of the Purchased plane(s) reaffirms that COMPANY is authorized to charge User’s Payment Method.
RENEWAL OF SUBSCRIPTION FEES IS AUTOMATIC
If you sign up for a subscription, the corresponding fees will automatically renew each year on a continuous basis at the rate specified in your user account and/or on the checkout page unless and until you let us know that you want to cancel your subscription. Any cancellation notification must be made in writing and delivered to us. You understand that unless and until you give us notice of your cancellation, your subscription and all associated fees will automatically renew, and you authorize us or our designated third-party payment provider to charge you the relevant subscription fees and any taxes using any eligible payment method we have on file for you, without giving you prior notice unless required by applicable law.
You understand and agree that, following each such automatic renewal, the subscription fees as well as any applicable taxes will be automatically charged to your payment method. You agree to and accept responsibility for all recurring charges to your credit or debit card (or other applicable payment method) based on this automatic renewal feature without further consent from you and without further notice, with the exception of when required by law. You acknowledge that your subscription is subject to automatic renewals. You further accept that if the applicable tax rates change or you receive notice that the applicable subscription fees will increase, the amount of the recurring charge may change.
PENALTY FOR LATE PAYMENT
You commit to making all payments when they are due. A late payment penalty fee of one hundred American dollars ($100) (the “Late Payment Amount”) will be charged to the buyer immediately for any past-due or unpaid balances as well as when the subscription is not renewed on or before the due date. The buyer must pay the Late Payment Amount to the seller(s) within thirty days of the original due date of such installment. The imposition of the Late Payment Amount shall be in addition to any other rights and remedies of Seller under this Note upon the occurrence of any other Event of Default.
SUBSCRIPTION CANCELLATION
TO CHANGE OR CANCEL USER’S SUBSCRIPTION AT ANY TIME, USER MAY SEND AN EAMIL TO THE COMPANY. IF COMPANY APPROVED USER CANCELATION OF USER’S SUBSCRIPTION, USER’S SUBSCRIPTION BENEFITS WILL BE CANCELED AND CEASED AS WELL. USER WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN-CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW.
REQUIRED: CURRENT BILLING INFORMATION
In order to process all payments owed to the COMPANY, the USER AGREES to supply current, complete, and correct billing information and AGREES to quickly update all such information (such as changes in billing address, credit card number, or credit card expiration date). If User’s Payment Method is canceled (for instance, as a result of loss or theft) or if User learns of a potential security breach involving User’s Payment Method, User agrees to immediately tell COMPANY. In the event that User omits to give any of the aforementioned details, User agrees that Purchased plane(s) may still be charged to User’s existing Payment Method, and that User will be held liable for all such charges.
CHANGE IN AUTHORIZED AMOUNT
The COMPANY will give notice of the amount to be charged and the date of the charge at least 10 days prior to the scheduled date of the transaction if the total amount to be charged differs from the amount. User authorized when purchasing any Purchased plane(s) (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties, or other governmental taxes or fees). User agrees to pay the additional price for the Paid Services if User does not cancel User’s Purchased plane(s) before the price increase takes effect. User consents to COMPANY’s right to compile all fees owed and submit them as a single or many aggregate charges during or after each billing cycle. Company will not alert the user to any incurred additional fees.
PAYMENT PROCESSORS
Ordering purchased plane(s) involves utilizing the secured server of a payment processing service provider (example Stripe, etc.). Neither payment processing service provider(s) nor any person or company related to service provider holds any ownership interest in the Services or COMPANY, nor receives any financial benefit from the Services or COMPANY other than a fee paid by COMPANY to service provider(s) for the services performed by them. Regarding the service provider(s), their owner, or the quality, availability, legality, or description of the payment processing services supplied thereon, COMPANY makes no guarantees and/or warranties and offers no assurances. With regard to the PSP and/or the services provided thereon, the COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
TERMINATION OF USE
The COMPANY may, at any time, discontinue the Site, any parts of the Site, or the Content made available on or through the Site, at its sole discretion. You acknowledge that the COMPANY may, at any time and for any reason, revoke your permission to access or use the Site or any Content, or both, at its sole discretion. If the COMPANY decides, at its sole discretion, to do so, the COMPANY may decide to cancel or restrict your access to or use of the Site. You acknowledge and agree that the COMPANY shall not be liable to you or any third party for any termination or restriction of your access to or use of the Site or any Content, including any Content that you may have purchased (Purchased data plan), gifts, prizes, rewards and commissions for referrals. In the sole discretion of the COMPANY, gifts and rewards programs may be canceled at any moment without further notice to you.
AS PART OF OUR SERVICES, MARKET DATA IS DISPLAYED
You will be shown market data through our service, including the most recent market price for different Securities. We will present this data exactly as we receive it from third-party data suppliers. This kind of information will regularly be updated and is subject to ongoing modification. This information is gathered from numerous various third-party suppliers. A delayed market price is displayed for most Securities while a real-time or almost real-time market price is displayed for some Securities if available. In our mobile and website applications, the stock screen shows the source, kind, and time of market data as well as the most recent time the data point was received. The market data that is displayed as part of our services is extremely private and is only made available to you under the condition that you would only use it in connection with our services. You specifically agree not to: (i) use any of the data we provide as part of our Services for commercial purposes; (ii) make that data available to anyone else (whether for free or otherwise); (iii) publish that data anywhere; or (iv) give anyone else access to that data through your account.
MONITORING
The COMPANY is not required to keep monitoring the website or review any content shared there or through it. However, the COMPANY retains the right to examine the Site and Content, to keep monitoring on all usage and activity on the Site, and, in its sole discretion, to remove or decide not to make any Content accessible on or through the Site. The COMPANY may remove Content that is confidential or proprietary to a third party without that third party’s permission.
USING OUR SERVICE
Only individuals over the age of 18 years, who trade for their own account and who are consumers (i.e., not businesses, partnerships, or other entities engaged in the business of trading securities or brokerage) are eligible to use our services. Additionally, ONLY customers who typically reside in offshore jurisdictions can use our services.
By using our Services, you hereby expressly represent and warrant to us that (i) you are using them in your capacity as a consumer; (ii) you will use them only for your own account and not for, or for the benefit of, anyone else; (iii) you are usually a legal resident; (iv) you are over the age of 18 years; and (v) you will cease using them immediately if you are no longer acting in your capacity as a consumer.
You hereby certify and warrant to us that only one account of each category may you maintain with COMPANY. We reserve the right to close all of your COMPANY Accounts if you attempt to open additional accounts in the same category.
CONTENT AND SERVICE LIMITATIONS
The Content and Service are only offered for informational purposes. You understand that the Content on the Service does not constitute any form of tax, legal, or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. The mention of a particular security on the Service does not constitute a recommendation for you to buy, sell, refrain from buying, or hold that or any other security, financial product, or investment.
Our licensors and we are not liable for any errors, inaccuracies, or delays in the Service or any Content, or for any actions taken by you in reliance on the Service or Content. You agree that your use of the Service or the Content is at your sole risk.
We do not provide any promises or warranties about the Service or the Content, which are provided to you on an “as is” and “as available” basis. We do not make any promises about the Service or the Content or of the quality, completeness, or accuracy of the Content available on or linked to from the Service. In other words, we disclaim all responsibility for any loss, injury claim, liability, or damage of any kind resulting or related to your access, use, or the unavailability of the Service (or any part thereof).
OUR FINANCIAL OBLIGATION TO YOU
To the fullest extent allowed by applicable law, we will not be held jointly or severally liable for any direct, indirect, consequential, special, incidental, punitive, or exemplary damages, including but not limited to lost profits, lost savings, and lost revenues, whether in negligence, tort, contract, or any other theory of liability, even if we have been informed of the possibility of such damages or could have predicted any such damages. Any firm to which we may transfer our rights and responsibilities in accordance with these Terms, including our officers, directors, employees, and agents, shall also be covered by the limitations of responsibility in these Terms.
EXPORT REGULATIONS
By using the Services offered here, you (a) agree to comply with all applicable export and sanctions laws of Canada, the European Union, the United Kingdom, and the United States, including the US Export Administration Regulations and the US Office of Foreign Assets Control Regulations (collectively, the “Trade Regulations”); and (b) represent and warrant that you are not a party that has been specifically designated, denied access, or whose identity has not been verified as described in the Trade Regulations.
GIFTING, RECEIVING REWARDS
Members may earn rewards (the currency of the shares and crypto), or commissions on sale cash.
Any rewards which the REFERRALS PROGRAM and/ or member deems in its sole discretion to have been transferred in violation of the REFERRALS PROGRAM Terms and Conditions and this terms of use shall be confiscated.
F.1. Gifting a plan that have rewards.
F.2. Receiving a plan that have rewards as a gift.
SUSPENSION OF SERVICES OR ACCOUNT
We may suspend or restrict your COMPANY Account and/or the execution of any renewal before or after they have been executed, at any time and without notice to you, on any reasonable grounds, including: (i) if we have reason to believe that you have not complied with this Agreement, (ii) if we are required or requested to do so by any regulator, law or other authority, (iii) if we have reason to believe our continued association with you would bring us into disrepute or cause us to breach any applicable law, regulation or guidance (iv) if we have reason to believe that your COMPANY Account has been compromised; (v) if we have reason to believe the Instruction did not originate from you or, if implemented, would contravene any applicable law, regulation or guidance; or (vi) if, in our reasonable opinion, we deem your use of our service to be unreasonable; for example, if you are undertaking very high frequency purchasing memberships. And/ or you are purchasing the plans only to get the free rewards. And/ or your purchased plan is not profitable to us because of your extensive use of data clicking and usage.
You acknowledge that no suspension of your COMPANY Account will subject COMPANY or any member of our group companies, directors, employees, staff, agents, suppliers, or contractors to any liability for Losses of any kind or origin.
For as long we deem necessary and for any reason at all, we reserve the right to suspend the Services (or any portion thereof) or any specific method of providing the Services (such as via any mobile application or website).
You accept that neither COMPANY nor any of our group businesses, directors, personnel, agents, suppliers, or contractors will be liable for any Loss resulting from the suspension of the Services, regardless of its cause or type.
YOUR GENERAL RESPONSIBILITIES
You acknowledge that you will always use your COMPANY Account and issue instructions in compliance with all applicable laws and regulations. You will specifically agree to refrain from, but not be limited to, the following: (i) engaging in any activity that is deemed to be market abuse; (ii) using your COMPANY Account or issuing any Instructions in connection with any attempt to launder money or evade sanctions against any person, company, or nation; and (iii) providing any false or otherwise misleading information about your identity or personal circumstances that we request in order to grant you a COMPANY Account.
DISCONTINUATION BY YOU
You agree that you membership is automatically renewable on, or before, or after due date. However, if the yearly payment was not deducted from your account, you may close your COMPANY Account at any time and for any reason without providing us a notice.
DISCONTINUANCE – BY US
We may terminate your COMPANY Account at any time and for any reason without giving you notice. Farther, we will terminate your account if you did not renew your subscription on/ or before the expiry date. Your right to use our Services will cease immediately and automatically from the moment that our Services are changed in such a way that we can no longer provide them to you. In such an event, we may either freeze your account and/or we may terminate your COMPANY Account (please refer to the section on “IMPLICATIONS OF TERMINATION” for a description of what will happen if your COMPANY Account is closed).
IMPLICATIONS OF TERMINATION
If your COMPANY Account has been terminated for any reason, we shall take the following actions, unless any applicable law or regulation forbids us from doing so:
(i) We will delete any Moneys, Commissions, Securities/ Shares and Crypto that you have been displayed in your dashboard account.
(ii) We won’t take any more instructions from you after your COMPANY Account has been closed.
COMMUNICATION WITH US
You can only email us if you need to contact us about anything. On a “first come, first served” basis, we will try our best to answer to inquiries as quickly as we can, but there may be occasions when it takes longer. We do not currently offer a dedicated phone helpline.
INTELLECTUAL PROPERTY
All ownership rights, including all intellectual property rights of any kind, in connection with our Services, our website, our mobile applications, the information in your COMPANY Account, and any other way whatsoever (including our marks, designs, and logo) shall belong to us or to third parties, as the case may be. Any rights (including intellectual property rights of any kind) in connection with our Services, our website, our mobile or website applications, information in your COMPANY Account, and otherwise howsoever (including our marks, designs, and logo) that may vest in you at any time, shall be transferable and assignable to us at our request and without payment or consideration.
Until your COMPANY Account is terminated for any reason, we hereby grant you a personal, non-transferable, revocable permission to use our Service, mobile application, and website. These may only be used to access the Services; they may not be used for any other reason.
LIMITATIONS OF USE
You are not allowed to use the Service in any way that is against the terms of use, illegal, or that facilitates breaking any laws or regulations. You agree to use the Service only for your personal, noncommercial use and benefit and not for the use of, or for the benefit of, any other person or entity. This includes no resale, other transfer or disposal. You undertake not to use, transmit, disseminate, or discard any information from the Service in any way that would put COMPANY or one of its suppliers’ businesses in direct competition.
Except as specifically authorized in writing by COMPANY, you are not allowed to download content from the Service and/or print one copy for your own private, noncommercial use. You are also not allowed to distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, sell, license, upload, edit post, frame, link, or in any other way exploit any part of the Service. Without COMPANY’s prior written authorization, you are not permitted to recirculate, redistribute, or publish the analysis and presentation provided by the Service. Nothing in the TERMS OF USE or on this site should be interpreted as granting any license or right to use any Service in any way without the prior written consent of COMPANY or such third party that may be the owner of the Service or intellectual property featured on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TERMS OF USE will violate the TERMS OF USE and may infringe upon our rights or the rights of the third party that owns the affected Service. You consent to report any instance of someone else violating the TERMS OF USE that comes to your attention.
You may use any function purely for the purpose of informing people about a COMPANY service, but you must stop using it right away in regards to any recipients who have asked not to receive such information. Without the prior written authorization of COMPANY, you may not sell any portion of the Service or distribute it through any other channel, such as an internet hyperlink frame or over-the-air television or radio broadcast. It is not permitted to create any kind of database using the Service or the data it contains. Additionally, the Service cannot be kept (completely or in part) in databases for access by you or any other party, nor can it be used to distribute database services that contain the Service in whole or in part. You are not allowed to utilize the Service in any way to raise the caliber of any data you give away or sell to a third party.
You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of COMPANY, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You acknowledge that you do not have any ownership rights in or to any of the COMPANY’s trademarks, trade names, service marks, copyrights, or logos and are not permitted to use any of them in a way that suggests they are yours, connected to you, or used with COMPANY’s permission.
You are not permitted to obstruct the correct operation of the Service, any transactions made on or through the Service, any servers or networks linked to the Service, nor may you attempt to do so. Any materials or information on the Service that have not been purposefully made publicly available by public display on the Service or through accessibility through a visible link on the Service may not be obtained nor may you seek to gain them through any methods. You must not use hacking, password guessing, or any other illegal methods to compromise the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems, or networks linked to any server connected to the Service. You may not engage in any behavior that, in the sole judgment of COMPANY, places or may place an excessively onerous stress or burden on the service or its supporting infrastructure. Without the prior express written consent of COMPANY, you may not access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information using or attempting to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or other automated device, program, tool, algorithm, process, or methodology. In order to hide the source of any other content, you are not allowed to alter identifiers or forge headers.
OPTIONS
Options represent contractual agreements conferring upon the purchaser the right, though not the obligation, to acquire (in the case of a Call Option) or divest (in the case of a Put Option) a specific FX/CFD from or to the option seller at a predetermined price (the “Strike”) at a specified time and date (the “Expiration”). These are commonly denoted as vanilla options following European conventions. The financial value of the account shall expeditiously incur debits or credits corresponding to the proceeds derived from the sale or purchase of an Option (the “Cost” or “Premium”). Options that attain in-the-money status upon expiration will be automatically liquidated at their intrinsic value. For call options, this is the margin by which the closing price of the specified FX/CFD exceeds the strike price; for put options, it is the margin by which the closing price of the specified FX/CFD falls below the strike price.
As determined at the sole discretion of the COMPANY, the closing price for long Call and short Put positions shall be the prevailing bid price of the underlying FX/CFD at Expiration, while for short Call and long Put positions, the closing price shall be the current ask (offer) price of the underlying FX/CFD. Options not in the money upon expiration shall expire without value. The CUSTOMER acknowledges, comprehends, and assents that the quoted reward exercise price from the COMPANY is conclusive on the due date. The Company explicitly apprises the Client that actual market conditions, beyond its control, influence variable option spreads. The COMPANY does not guarantee any maximum or minimum quotable option price. Options quotations may, at our sole discretion, be unavailable for certain underlying FX/CFDs.
Prior to executing any transaction, it is recommended to peruse the explanations available on the website regarding each transaction type. The regulations governing free rewards or rewards exercise, if applicable, are exclusively established by the COMPANY. Each reward position shall correspond to a specified exercised value and time. Presently, reward prices are solely for informational purposes and must not be utilized for commercial gain. Exercise values for shares/stocks, as set on the website (MSFT), are at the option of US$ 1,300.00 and for crypto Ethereum at US$ 17,500.00 on maturity dates of 730 days and 365 days, respectively, from the date of membership activation.
The aforementioned rewards are solely for informational purposes and not intended for monetary gain. If desired, the COMPANY may surpass the exercise price if the value of rewards reaches levels above the pricing on due exercise dates, which coincide with the expiration of the reward/plan (12 months from the date of plan purchase). In the event that reward values do not attain the exercise values, the closing price for the rewards shall be set at zero dollars, and no payment shall be made.
It is anticipated that the current values will reasonably correlate with future prices of such rewards. No express or implied warranty is provided that exercise prices will be met or honored by the COMPANY on the due date. The CUSTOMER agrees that their membership is solely for the acquisition of a data plan and not for obtaining any free rewards or benefits. The CUSTOMER further agrees to indemnify and hold the COMPANY, its subsidiaries, marketing partners, staff, referrals, and agents harmless from any damages or liability arising from the COMPANY’s failure to remit such FREE rewards to the CUSTOMER(s). It is explicitly stated that the above rewards are for informational purposes only and must not be used for commercial purposes.
LICENSE
Should you choose to download content from the Service, you must do so in accordance with the TERMS OF USE. Such download is licensed to you by COMPANY ONLY for your own personal, noncommercial use in accordance with the TERMS OF USE and does not transfer any rights to you other than the limited right to use the Service in accordance with the TERMS OF USE.
PAYMENTS AND FEES
Without giving you any notice, COMPANY retains the right to change its prices and fees at any time. You will be required to register and set up an account if at any point COMPANY charges a fee for any part of the Service or the entire Service. Although it is entirely up to you whether or not to supply the information needed to set up an account, if you choose not to, you won’t be able to access certain content or take part in certain activities on this site. You are responsible for paying all fees and charges incurred through your account at the rates in effect for the billing cycle in which they are incurred, including but not limited to fees for any goods or services that are made available for purchase through the Service by COMPANY or by any other seller or service provider. You will be issued a bill for all fees and charges, and you will be fully responsible for paying them. In connection with the use of the Service through your account and the acquisition of any other goods or services, you are responsible for paying all relevant taxes. A prepaid fee (“Prepaid Fee”) may be necessary for using some features of the Service or the Service as a whole. The Prepaid Fee may change from time to time at the COMPANY’s sole discretion. You are responsible for paying the Prepaid Fee upfront, together with any applicable taxes and other costs. If a Prepaid Fee is necessary, in no case will you receive any sections of the Service or the Service altogether unless COMPANY receives all payments and charges due from you, including the Prepaid Fee.
CREATION OF AN ACCOUNT AND REGISTRATION
You will choose a username and a password as part of the registration and account creation processes required to get access to particular areas of the Service, including those portions that demand a charge or payment for access. You agree to give COMPANY specific registration information, all of which must be true, accurate, and current. You must not: (i) choose a username that is already in use by someone else; (ii) open an account for someone else without their consent; (iii) use a username that another person owns without that person’s consent; or (iv) use a username or password that the COMPANY, in its sole discretion, deems offensive or inappropriate. Due to COMPANY’s inability to confirm the validity of your registration details, COMPANY reserves the right to refuse the creation of your account. The secrecy of your password shall be your personal responsibility. Any known or suspected unauthorized use(s) of your account, as well as any known or suspected security breach(s), such as loss, theft, or unauthorized disclosure of your password or credit card information, shall be immediately reported to COMPANY by sending FEEDBACK. All usage and activity on your account is entirely your responsibility, including but not limited to use of the account by any third person whom you have given permission to use your username and password. You agree not to sell, assign, or transfer your membership or any rights associated with it. It is totally forbidden for anyone under the age of eighteen (18) years to use your account. You guarantee and indicate that you will remove all cookies and software files collected by or through use of the Service if the computer system on which you accessed the Service is sold or transferred to a third party. Your account may be terminated by COMPANY at any time and without cause, at its sole discretion. You agree not to open another account without our consent if we disable your current one. All fees incurred up until the account is closed are your responsibility. Despite anything to the contrary in this document, COMPANY retains the right to file any and all lawsuits against any user of your account. You confirm that you presently have no other account(s) with the Service and agree to have just one account active at any given time.
OUR LIABILITY
This Agreement sets out, in various places, events for which we do not assume any liability. You should read the Agreement carefully to understand the circumstances in which we accept no liability.
You agree that we will under no circumstances be liable for any: (i) consequential, indirect, incidental, special Losses; or (ii) economic loss, loss of profit, loss of business, loss of revenue, or trading losses of any kind, in each case resulting from or related to your use of the Services or our provision of the Services to you under this Agreement.
Any delays in the Services, such as those in the execution of Instructions or the settlement of orders, as well as any changes in the market between the time an Instruction was placed and the time it was performed, are not our responsibility.
In the event of an occurrence beyond our reasonable control, such as the disruption or collapse of market infrastructure, communications networks, or technological systems, we are not responsible for any losses or inability to deliver the services.
You are liable for paying any applicable taxes. Due to your use of our services, you may be subject to taxes; however, we are not responsible for any losses caused by these taxes or for changes in tax rates.
You hereby indemnify us for any Losses that arise for: (i) death or personal injury caused by our negligence; (ii) our own fraud; or (iii) Losses that we cannot limit or exclude under applicable laws and regulations. You hereby indemnify us against any Losses arising from any claim against us as a result of providing services to you along with its terms and conditions.
PERSONAL AGREEMENT
This Agreement is a personal contract between you and us. Any rights or responsibilities you have under this Agreement may not be assigned or transferred to a third party.
We, on the other hand, may transfer or assign this Agreement and all of our rights and obligations to any other person who, from time to time, operates or acquires the Services.
WHOLE AGREEMENT
This Agreement constitutes the entire agreement between you and us with respect to its subject matter, to the exclusion of any warranties, conditions or terms implied by applicable law.
WAIVER
No failure on the part of either of us to exercise, and no delay on its part in exercising, any right, power, or remedy in connection with this Agreement (each, a “Right”) shall be construed as a waiver of such Right, nor shall any single or partial exercise of such Right preclude any other or further exercise of such Right or the exercise of such Right or the exercise of any other Right.
RIGHTS OF THIRD PARTIES
No one who is not a party to this Agreement shall have any rights under this Agreement or will be able to enforce any term of this Agreement.
INVALIDITY
If any provision of this Agreement is determined by a court or other administrative body of competent jurisdiction to be unlawful, invalid, or unenforceable, in whole or in part, that provision shall nonetheless apply with any deletions or modifications that are required to make the provision legitimate, enforceable, and consistent with our business objectives. The legality, validity, and enforceability of the remaining portions of this Agreement shall not be impacted by the illegality, invalidity, or unenforceability of such provision or portion to the extent that it cannot be deleted or modified, in whole or in part, and subject to any deletion or modification made.
NOT A PARTNER
No partnership of any type, relationship, or trust between us is established or created by this Agreement, and neither of us is made the agent of the other.
INDEMNITY
You agree to indemnify and hold harmless the COMPANY, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.
THIRD PARTY SITE LINKS
Some links in our website will let you leave the COMPANY’S site. Because the linked sites are not under the COMPANY’s control, the COMPANY is not liable for their contents, any changes or updates to those sites, or any links contained in them. You are simply receiving these links from the COMPANY as a convenience, and inclusion of any link does not constitute company endorsement of the linked website.
EXISTENCE OF THE SERVICES
While we aim to have our services available without interruption, we cannot guarantee that they will always be reachable by you, always available, always functioning properly, or error-free. We may occasionally suspend our services without giving you any prior notice in order to perform routine or emergency maintenance, upgrade, or replace our systems.
You acknowledge and agree that regardless of the nature or cause of your inability to access our Services, neither COMPANY nor any of our group companies, directors, staff, agents, suppliers, or contractors shall be liable for any Loss resulting therefrom.
DISCLAIMER
The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the site and all content provided on or through the site. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS COMAPNYILABLE”
THE COMPANY SHALL NOT BE LIABLE FOR ANY FINANCIAL OR MONEY GAIN LOSS AND/ OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF CONTENT AND THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK.
The company reserves the right to, at any time and without prior notice, make modifications or updates to, and monitor usage of, the site and content made available on or through the site.
Customer agrees to defend and indemnify the company from any and all liabilities, losses, damages, costs, and expenses, including attorney’s fees, resulting directly or indirectly from the use of the site and its contents.
DECLARATION
By agreeing to this Agreement, Customer hereby certifies that the funds utilized by Customer with COMPANY are not the result of money laundering, drug trafficking, tax evasion, kidnapping, or any other unlawful or criminal action.
TAX COLLECTION
Customer is aware of this and accepts that, in general, COMPANY does not voluntarily collect taxes on behalf of any government entity. Without limiting the aforementioned, it is solely the customer’s responsibility to determine and pay any taxes that are applicable to you in the country of the customer’s residence or that otherwise arise from the customer’s trading activity from using the services of the COMPANY. Customer acknowledges that COMPANY may, but is not bound to, deduct tax from the outcomes of the activity with COMPANY, as may be required by the applicable legislation, without diminishing Customer’s full and entire duty to make tax payments. Customer is aware that amounts that may be paid to Customer from Customer’s commission and rewards moneys are “gross amounts”, from which the COMPANY may deduct such taxes, and COMPANY’s fees, remittance and transfer fees and that Customer shall have no claim towards COMPANY with regard to such deductions.
INCORPORATION
We are a limited liability COMPANY incorporated in Delaware to provide data processing and hosting only that includes but not limited to; Market data, Financial market data, Securities data, Assets data etc. Despite the fact that our company is based in Delaware. And while we are incorporated in Delaware, U.S.A, we may operate our services from locations all around the world whether physical or virtual locations that include phones, addresses, and offices in one or more countries – in particular, the systems and virtual offices that we use may be based in other countries. We may also use or rely on third party service providers, agents, contractors, custodians, market financial data providers and utility providers and others to be able to offer our services and perform our functions. You agree that, as between us, there is no restriction on our ability to use these third parties. Moreover, there is no restriction to use COMPANY’s system from any country deemed necessary by us to collect our moneys, fees, and commissions from you during your subscription to our services and during your renewal to your subscription thereof.
APPLICABLE LAW
The terms of use set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the city of Delaware in U.S.A, without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by the COMPANY at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the city of Delaware or any competent jurisdiction located in the U.S.A.
ACCOUNT SECURITY
You are in charge of making sure that outsiders cannot access your COMPANY Account. Even if the Instruction was provided by someone who had illegal access to your COMPANY Account, we have the right to believe that any Instruction we receive from your COMPANY Account is a legitimate Instruction that was issued by you.
In order to access your COMPANY Account, you must maintain your login information, which includes your username and email address, safe and secure. You must also make sure that no one else has access to or learns of your login information. You should notify us right away and update your information via the Service if you’ve forgotten your login or password information or believe it may have been compromised.
To lower the likelihood that your data and system may be vulnerable to unwanted access and infiltration, we advise using proper, current security procedures, software, and definitions.
Any mobile apps that we occasionally publish must be installed in their most recent iteration. These upgrades frequently offer enhanced security or patches for flaws that have recently come to light.
You acknowledge and agree that COMPANY and none of our group companies, directors, officers, staff, agents, suppliers, or contractors shall be liable for any Loss resulting from your failure to keep your COMPANY Account (including login and password details) secure, from any unauthorized access to your COMPANY Account due to malicious code (such as viruses or Trojans), or from your failure to update to the most recent version of the software.
We shall take reasonable measures in accordance with our legal obligations to protect and secure your COMPANY Account; nevertheless, in cases where we have complied with such obligations, we are not responsible for security breaches that may happen.
LEGAL RESTRICTIONS
Without limiting the foregoing, CUSTOMER understands that laws regarding providing market data/ financial data vary throughout the world, and it is CUSTOMER’s obligation alone to ensure that CUSTOMER is fully complies with any law, regulation or directive, relevant to CUSTOMER’s country of residency with regards to the use of the Web site. For avoidance of doubt, the ability to access COMPANY web site does not necessarily mean that COMPANY services, and/or CUSTOMER’s activities through it, are legal under the laws, regulations or directives relevant to CUSTOMER’s country of residency. This Web site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Web site, and the offering of service, rewards , commissions and financial market data via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions and hence may require to seek legal advice in CUSTOMER’s home country prior of using the COMPANY’S site.
REWARDS
COMPANY may elect to if applicable a promise to grant a benefit of rewards to CUSTOMER for free by displaying rewards value in COMPANY’S website and in CUSTOMER’s dashboard account, subject to certain terms and conditions as per terms of use, at its sole discretion.
Rewards amounts and value is demonstrated in customer dashboard and account is for informational purpose only and not for commercial use and benefits and/ or financial or monetary gain and benefits. Such Rewards amounts shall not be claimed by customer or assigned, or transferred to third party by CUSTOMER and shall, unless CUSTOMER complies with the applicable requirements as per the terms of use and as may be posted on COMPANY’s website as may be amended from time to time or as communicated to CUSTOMER.
CUSTOMER agrees that COMPANY reserves the right to Cancel or reject or alter or amend or change maturity date or change maturity value of the Rewards and/ promotion and/ or offer, and any related Rewards, at its sole discretion And To terminate CUSTOMER’s access to services provided by COMPANY and/or terminate the contract between COMPANY and the CUSTOMER for the provision of services, And To block CUSTOMER’S Account(s) and to write off any unused monetary values representing commissions and rewards balance by CUSTOMER. If COMPANY decided so or suspects or has reason to believe that CUSTOMER has abused the terms and conditions of a Rewards offer or terms of use. COMPANY reserves the right to cancel Rewards, and any trades or profits associated with CUSTOMER’s account(s) without prior notice. Rewards promotions may be restricted in certain jurisdictions. COMPANY reserves the right to cancel or reject Rewards promotions and/ or refuse to pay rewards value at its sole discretion and without prior notice to you.
You agree that neither COMPANY nor any of our group companies, directors, staff, agents, suppliers or contractors will have any liability, of whatever nature and howsoever arising, for any Loss arising as a result of your inability to claim or receive rewards and/ or closure of your account, whatever the reason or cause for that inability.
PRODUCT COMAPNYILABILITY
Information on the website can relate to or cross-refer to COMPANY goods or services that aren’t offered where you live. Such references do not imply that the COMPANY intends to offer such goods, services, or programs in your area.
RELIABILITY AND COMPLETENESS
The correctness or completeness of the data, content, graphics, links, or other materials contained within the Sites or Materials are not guaranteed by the COMPANY.
TRANSLATIONS
Where you translate the Terms of use/ Agreement/ Terms and Conditions and other legal documents via Google translate and/ or via any other translations’ venues and/or where the COMPANY has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with the COMPANY. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the COMPANY Privacy Statement disclosures relating to the collection and use of your information. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of COMPANY’s Privacy Policy and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.
WEBSITE TERMS OF USE
Please see the COMPANY’s website terms of use relating to the access and use of the website.
Website terms of use. By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of COMPANY’s website terms of use.
REFERRAL PROGRAM TERMS OF USE
Please see the COMPANY’s referral program terms of use relating to the use of the referrals program.
Referrals terms of use. By using any of the Services or by agreeing to these Terms of Use (Agreement), you are also agreeing to the terms of COMPANY’s Referrals terms of use.
MISCELLANEOUS
All agreements between the COMPANY and you regarding your access to or use of the Site, Materials, and Services (including any earlier versions of the Terms of Use) are superseded by the Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site or in connection with the Materials and Services. Despite the aforementioned, the terms of any written agreement between you and the COMPANY regarding the use of particular Services or Materials (including service-specific terms of use and software-specific licenses) (“Executed Agreement”) that expressly conflict with any terms of the Terms of Use shall take precedence.
When you use other services provided by the COMPANY, third-party software, or third-party material, you can also be subject to additional terms and conditions. The Terms of Use and any rights granted hereunder may not be assigned or otherwise transferred by you without the prior written consent of the COMPANY. The remainder of the Terms of Use will remain in full force and effect if for any reason a court of competent jurisdiction deems any provision of the Terms of Use, or portion thereof, to be unenforceable, void, invalid, or illegal. Instead, that provision will be enforced to the fullest extent allowed by law in order to accomplish the parties’ intentions. Any failure on the part of the COMPANY to comply with, enforce, or exercise any term of the terms of use or associated right shall not be construed as a waiver of such term or right. The headings used in the Terms of Use are merely for reference and cannot be used to change how the terms and conditions are understood.
INTERPRETATION
The heading of each provision hereof is for descriptive purposes only and shall not be deemed to (1) alter or qualify any of the rights or responsibilities stated therein or (2) be used to read, construe, or otherwise interpret any of the provisions herein. If not stated otherwise, a Section of this Agreement will be referred to whenever a reference to one is made in this Agreement. The word “or,” when used in this Agreement, has the inclusive meaning represented by the phrase “and/or.” Unless the context of this Agreement otherwise requires: (i) words using the singular or plural number also include the singular or plural number, respectively; and (ii) the terms “hereof,” “herein,” “hereunder,” and” an” hereunder” an” hereunder” an” hereunder” an” hereunder” an” hereunder” an” hereunder” an” hereunder” Any law that is mentioned will be taken to mean the original law as well as any rules or regulations that were issued in accordance with it. Unless otherwise stated, “days” references are always in relation to calendar days.
EFFECT OF BINDING; ASSIGNMENT
Your heirs, assigns, executors, successors, conservators, and administrators are all bound by this Agreement. Without the prior written agreement of COMPANY, you are not permitted to assign this Agreement or any rights or obligations under it. COMPANY may assign, sell, or transfer your Account and this Agreement, or any portion thereof, at any time, without your prior consent.
SEVERABILITY
In the event that any clauses or conditions in this agreement conflict with, or are determined to be invalid or unenforceable by, a court of competent jurisdiction in Delaware, such clauses or conditions shall be deemed repealed or modified, to the extent permitted by applicable law, to bring this agreement into compliance with such law, rule, or regulation.
POSTINGS OF WEBSITE
You acknowledge and agree that COMPANY may, from time to time, post on the Website other particular agreements, disclosures, policies, procedures, terms, and conditions that apply to your use of the Platform or your Account (collectively, “Website Postings”), including updates or amendments to this Agreement or other agreements that are referenced, incorporated, or otherwise relate to this Agreement. You are aware that it is your ongoing responsibility to check the Website and the Disclosure Library for Website Postings and to be familiar with their conditions. You acknowledge that by accessing or using the Platform, or by making any orders or instructions relating to your Account, you are agreeing to be governed by the Website Postings (including the most recent version of this Agreement) in effect at that time.
COMPLETE AGREEMENT
This Agreement, any attachments hereto, other agreements and policies referred to in this Agreement (Including referral program terms of use, website terms of use and privacy and protection of personal information), and the terms and conditions contained in your Account statements and confirmations, contain the entire agreement between COMPANY and you and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between COMPANY and you, provided, however, that any and all other agreements between COMPANY and you, not inconsistent with this Agreement, will remain in full force and effect.
AMENDMENT
Without giving you any notice, COMPANY may at any time alter this Agreement and any other Agreements or Documents Incorporated or Referenced in this Agreement. The most recent version of the Agreement will always be available on the website, and your continued Account activity (including accessing the Platform or submitting an order or instruction) after such amendment constitutes your agreement to be bound by all then-in-effect amendments to the Agreement, regardless of whether you have actually reviewed them. After such posting, your continued use of the Platform or any other services provided by the COMPANY will be deemed your acknowledgment and acceptance of the change. You acknowledge that the Website is the most current source of information regarding COMPANY services, updates to this Agreement, website terms of use, and any other agreements that are referenced, incorporated, or otherwise relevant to the services that COMPANY provides to you. Any verbal remarks intended to alter the Agreement are not enforceable against COMPANY. Any message from you that seeks to alter, add to, or impose onto COMPANY new conditions will not be effective unless it is agreed to in writing and signed by one of our authorized signatories.
TERMINATION
COMPANY may terminate this Agreement, or close, deactivate, or block access to your Account at any time in its sole discretion. You will remain liable to COMPANY for all obligations incurred in your Account, pursuant to this Agreement, or otherwise, whether arising before or after termination. You may terminate this Agreement after paying any Obligations owed upon written notice. This Agreement survives termination of your Account. If COMPANY terminates this Agreement or closes or deactivates your Account or any services related to your Account, you agree that COMPANY is authorized to (i) liquidate any Property that include but not limited to commissions earned, outstanding crypto and shares in your Account and write off reaming value, and (iii) close your Account.
This is without limitation to COMPANY’s other rights under this Agreement or otherwise. COMPANY will not be responsible for any Losses caused by COMPANY discontinuing or closing your Account or any services, or any liquidation of your Property or closure of your Account, including any tax liabilities.
NO WAIVER; RIGHTS AND REMEDIES ARE CUMULATIVE IN NATURE
You understand that the COMPANY’S failure to insist at any time on strict adherence to any provision of this Agreement, or the COMPANY’S delay in exercising any power or right granted to it under this Agreement, or the COMPANY’S continued engagement in such conduct, shall not at any time constitute a waiver of such power or right, nor shall any single or partial exercise preclude any other subsequent exercise. All of the rights and remedies granted to COMPANY in this Agreement are cumulative and do not preclude any other rights or remedies that COMPANY may have.
WORLDWIDE CUSTOMERS
The products and services described on the Website shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal. The Platform shall not be considered a solicitation for or offering of any investment product or service or advice to any person in any Jurisdictions. You understand that COMPANY is based in Delaware and that COMPANY accepts only U.S.A. currency in COMPANY’S CUSTOMER accounts and/ or purchase and/or payment methods.
JURIDICAL CONCERNS
COMPANY operates in Delaware. COMPANY makes no representation that the Service offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Delaware. If you access, viewed and/ or purchase any plan/ service/ produces form this site from locations outside of Delaware you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This site is controlled and operated by COMPANY from its office as stated. COMPANY makes no representation that materials in this site are appropriate or available for use in other locations.
LEGISLATION AND JURISDICTION
These Terms shall (to the fullest extent permitted under applicable law) be governed by and construed in accordance with the laws of Delaware, U.S.A, without giving effect to any principles of conflicts of law. To the fullest extent permitted under applicable law, you hereby agree that any disputes arising under or in connection with these Terms or the Service shall be submitted for resolution to courts in Delaware, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
Any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within 30 days after such claim or cause of action arose or be forever barred. You also hereby expressly waive any right to resort to any form of class action.
PAYMENT POLICY
Subscriptions purchased via the site are collected upfront via third party payment gateway and is nonrefundable. Your selected payment method will be charged automatically according to your data/ plan purchase. Your subscription will be renewed automatically before or on the expiry date. In case if you fail to renew on or before expiry date you will be charged U.S$100.00 late payment fee within 30 days of your expiry. Then after your account shall be terminated and shall be considered null and void, accordingly, all your data including your net account balance if any (earned referral commission and rewards) if any shall be ceased and erased from our system.
COMPANY will not be responsible for any Losses caused by COMPANY discontinuing or closing your Account or any services, or any liquidation of your Property or closure of your Account, including any tax liabilities.
COMPLIANCE
You represent, warrant and covenant to COMPANY that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities or (ii) in connection with activity in, or for the benefit of, the Crimea, Donetsk or Luhansk regions, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”).
EXPORT CONTROLS & ECONOMIC SANCTIONS
Notwithstanding any other provision of these TERMS OF USE, COMPANY does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.
You represent, warrant and covenant to COMPANY that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. In addition to the aforementioned restrictions, you agree not to use COMPANY’s goods or services to make new investments in the Russian Federation or to directly or indirectly export, re-export, sell, or provide accounting, auditing, bookkeeping, tax advice, trust and corporation formation, business or management consulting, or public relations services to the Russian government or any other entity based in the Russian Federation. Every time you receive or use the Service, or anything produced using the Service, you are deemed to represent and warrant to COMPANY and its affiliates that none of you, any person acting on your behalf or under your direction, or any entity on whose behalf you are acting, are either (i) situated in, ordinarily a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.
GOVERNING LAW
This Agreement and all transactions made in your Account shall be governed by the laws of Delaware, U.S.A. (regardless of the choice of law rules thereof. By agreeing to this agreement, the parties agree as follows: (1) All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, (2) If you are a foreign national, non-resident alien, or if you do not reside in the Delaware, you agree to waive your right to file an action against COMPANY in any foreign venue. (3) No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; or (2) the class is decertified; or (3) the CUSTOMER is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
ACCEPTED AND AGREED
You acknowledge that you have read the preceding terms and conditions of this Agreement, that you understand them and that you hereby manifest your assent to, and your agreement to comply with, those terms and conditions by accepting this agreement.
