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FXNavigator Forex Research Terms and Conditions
Terms and Conditions of On-line Research Service
Your agreement is with TraderMade Systems Ltd, a UK registered company, and is made up of the Terms and Conditions set out in this document (collectively the “Terms”).
DEFINITIONS AND INTERPRETATION
Headings used in this document are for reference only and shall not affect its construction or interpretation.
"End User" and "you" means you or any individual using the On-line Research Services or Research Websites who is lawfully permissioned for access to the On-line Research Services;
“TraderMade” and "us" and "we" meansTraderMade Systems Ltd, TraderMade America Ltd or any other TraderMade company.
“Research Services” and "Service" means the On-line Research Services available from the internet locations which TraderMade may agree to supply to you from time to time. Note: the Service is hosted at the location, but may be accessed via other links from other domains and URL's - these Terms apply to the Service no matter what the End User typed or clicked to gain access. The Research Services include market data and other content both originated by TraderMade and supplied to TraderMade by Third Parties; and
"Research Websites" or "Websites" means websites hosted at tradermade.com, tradermade.co.uk, tmifx.com and any other websites authorised by TraderMade which link to these Terms.
ACCEPTANCE OF THE TERMS
In order to access or otherwise use the Research Services and/or Research Websites you must first accept these Terms. These Terms are automatically accepted by you;
- when you click to accept or agree to the Terms; or
- when you access or otherwise use the Research Services and/or Research Websites.
We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or TraderMade in accordance with these Terms.
You cannot accept these Terms if:
- you are not lawfully entitled to use the Research Service and/or Research Websites in the country in which you are located or reside; or
- if you are not of legal age to form a binding agreement with Tradermade Systems Ltd, TraderMade America Ltd or any other TraderMade company.
CHANGES TO THE TERMS AND SERVICE
TraderMade may make changes to the Services, Websites and these Terms from time to time. TraderMade will publish the changes and/or Additional Terms will be posted on the applicable Research Website. The changes will be effective when published. Please review these Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Services and/or Research Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with TraderMade in accordance with the Termination paragraphs below.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable licence ("the Licence") to use Research Services and Websites on a personal computer, mobile phone or other device. Access to the Services and Websites will be by the provision of an individual TraderMade user account (“User Account”). Each User Account provides a single concurrent access to the Service and Websites.
You will receive a User Account comprising of a password and user identification that you have selected during the Service's registration process. You are responsible for maintaining the confidentiality of your User Account and are fully responsible for all activities that occur under your User Account. You agree to;
- immediately notify TraderMade of any unauthorized use of your password or account or any other breach of security; and
- ensure that you properly and completely exit from your user account at the end of each use of the Service.
The Licence and User Account for the Research Service is provided to you by TraderMade solely for your own personal use. You may not not and agree not to;
- share or disclose your User Account details with any other person, and/or
- use or allow your User Account to be used to gain multiple simultaneous access the Services and/or Websites, and/or
- sell, rent, loan, distribute, re-distribute, transfer, import, export or otherwise deal in the Service, except where this condition is excluded by Law; and/or
- undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Service or any part or features thereof (except to the extent permitted by law); and/or
- remove, obscure or alter any copyright notices or other proprietary notices included in the Service; and/or
- use the Service or cause the Service (or any part of it) to be used within or to provide commercial products or services to third parties.
TraderMade may withdraw or suspend a Research Service if:
- any supply or service which TraderMade uses or requires to provide the Research Service becomes unavailable or is not supplied to TraderMade for whatever reason and for whatever period or any contract or arrangement necessary to the provision of the Research Service is terminated or suspended; or
- TraderMade reasonably considers it appropriate to do so for the purpose of complying with any law, rule or regulation or any request of any authority or organization relevant to the Research Service; or
- in TraderMade’s reasonable determination doing so is necessary or desirable for technical or operational reasons or to correct or avoid any delays, unavailability or faults in the Research Service; or
- TraderMade discontinues the Research Service to all other subscribers to the Research Service.
TraderMade will give you as much notice as reasonably practicable prior to withdrawing or suspending the Research Service (which may include immediate withdrawal or suspension without notice in the case of an emergency).
If TraderMade withdraws or suspends the Services, you may as your sole remedy for withdrawal or suspension of the Service elect to terminate your relationship with TraderMade in accordance with the Termination paragraphs below
You acknowledge that;
- all market-data, especially prices contained in the Research Services are indicative only and are not tradable; and
- the Research Services may contain data compiled by Tradermade from data supplied by exchanges and others and in such cases is supplied to you subject to terms and imposed by such persons. You will however always be advised if those terms fall outside of the provisions of the Terms in this agreement.
TraderMade may provide you with a free time and feature-limited trial licence ("Trial Licence") for the purposes of evaluating the Research Service or Websites. By using a Trial Licence, you are agreeing to be bound by these Terms, without exception. On expiration of the Trial Licence, you will need to subscribe to receive a Licence continue to receive the Research Services and/or access the Research Websites.
Licences to use Research Services are provided on a subscription basis ("Service Subscription"), payable in advance. You acknowledge and agree that this is a recurring payment and payments shall be made to TraderMade by the method you have chosen at the recurring intervals ("Subscription Period") chosen by you, until the subscription and Licence for that Product is terminated by you or by TraderMade.
By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request.
Your Service Subscription will be automatically renewed at the end of each Subscription Period. We will bill any subscription fee plus any applicable tax to you. Your Service Subscription and Licence will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your Service Subscription, or we terminate it. You must cancel your Service Subscription before it renews in order to avoid billing of the next period's subscription fees to your payment method.
All Service Subscription fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature.
Sales and value-added taxes will be added to your subscription fee and will be payable by you to TraderMade. Unless specifically indicated, sales and value added taxes are not included in prices quoted by TraderMade on its websites and in sales documents, and will be calculated and added at the time of subscription.
The Licence granted by TraderMade to you with your subscription is only valid for so long as you are accessing the Service or Website during a fully paid Subscription Period. Failure to pay the fees for your next Subscription Period at or prior to the end of the current Subscription Period will result in you not having a current Licence and TraderMade will automatically suspend or cancel your User Account without notice.
Upon termination of your relationship with TraderMade;
- all licenses and rights to use the Research Service and/or Research Websites shall immediately terminate; and
- you will immediately cease any and all use of the Research Service and/or Research Websites.
Nothing in this Agreement shall limit the liability of TraderMade to you for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors or for fraudulent misrepresentation or for any liability which cannot be excluded or limited by law.
These Terms set forth the full extent of TraderMade's obligations and liabilities to you in respect of the Research Services. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on TraderMade except as specifically stated in these Terms. Any condition, warranty representation or other term concerning the performance of the Research Services which might otherwise be implied into or incorporated in these Terms, whether by statute, common law or otherwise, is hereby excluded. TraderMade expressly disclaims all warranties of merchantability, satisfactory quality or fitness for a particular purpose and all warranties that the Research Services or any part thereof will be error-free, or that the Research Services will operate without interruption. It is your responsibility to ensure that Research Services are suitable for your needs.
Disclaimer: The content of Research Services are of a general nature without specific knowledge of any End-Users personal or financial circumstances and is for the End-Users information and entertainment only. A full disclaimer for the Research Services may be found here (www.tradermade.co.uk/web/app/service-disclaimer) and forms a part of these Terms.
Notwithstanding any other provision of this Agreement, in no event shall TraderMade be liable for any negligence or tortious loss nor for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): loss of revenue, loss of actual or anticipated profits (including for loss of profits on contracts), loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified previously in this sentence).
INTELLECTUAL PROPERTY RIGHTS
All copyright, market data, database rights and other Intellectual Property in the Research Services which subsist now or at any time in the future shall be and remain as between the parties the sole property of TraderMade. In particular you may not, except without TraderMade's prior written consent allow any third party access to or provide any third party with any part of the Research Services nor duplicate any part of the Research Services for any reason whatsoever.
You may not modify or remove any copyright or proprietary notices on the Research Services.
The content and compilation of content included on the Research Services and Research Websites, (excluding User Submissions) such as market-data, charts, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of TraderMade, its affiliates or licensors and are protected by US, UK, European and international copyright laws. Such copyright protected content cannot be reproduced without TraderMade's express permission. TraderMade reserves all rights not expressly granted in the Service and Websites
Where on-line payment facilities are provided, TraderMade use external payment agencies to process these payments via encrypted connections. For your added security, TraderMade do not process or store your credit card, bank account or other financially sensitive banking details on or through our servers.
TraderMade reserves all rights not expressly granted to you under these Terms.
If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Term.
These Terms constitute the entire agreement between you and TraderMade with respect to your use of the Research Service and/or Research Websites and replace any prior agreements between you and TraderMade Skype with respect to the Research Service and/or Research Websites.
The failure by TraderMade to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of TraderMade's right or remedy. If TraderMade waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
You may not assign these Terms or any rights or obligations contained in them. TraderMade may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
These Terms shall be governed by and interpreted in accordance with British law. In relation to any legal action or proceedings arising out of or in connection with these Terms or their implementation or effect shall be subject to the exclusive jurisdiction of the English courts.
Revised: April 2016