Terms and Conditions of Use


Terms and Conditions of Use

By visiting our site you are agreeing to be bound by the following terms and conditions.

We may change these terms and conditions at any time.

Your continued use of FXTIPSTER means that you accept any new or modified terms and conditions that may arise.

Last updated [01.01.2016]

This Service

The [Signaling] (Service) is provided by www.fxtipster.com (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

Eligibility

You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.

Registration and Account Integrity

3.1  As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2  Where we provide an organization with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.

3.3  If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

Pricing, Plans and Features

4.1  For current pricing and plans please see the pricing page located on our website.

4.2  We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

Payment and Credit Control

5.1  All services are billed monthly in advance.

5.2  If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

5.3  Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

5.4  It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.

5.5  Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

Cancellation

6.1  You may cancel your account or accounts at any time.

6.2  Cancellation should be done using the facility provided within the Service.

6.3  Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

6.4  No refunds will be provided for remaining unused days under any subscription plan.

Upgrading or Downgrading Accounts

7.1  Users have the ability to upgrade or downgrade their accounts and the services offered at any time (provided such option exists).

7.2  Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

7.3  Users should backup and download their data prior to requesting a downgrade in service.

7.4  No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.

7.5  Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

7.6  In the case 12-month accounts (where offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

7.7  Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

Trial and Offer Periods

8.1  Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

8.2  Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

8.3  These Terms and Conditions apply to all trial or offer period accounts.

Technical Support

9.1  Technical support is provided via email and such other means as we decide in order to provide a proper service to users.

9.2  We reserve the right not to provide a full technical support service to free or trial account users.

Specific Service Rules

10.1  As a user you agree not to do any of the following:

  1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
  2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
  3. Use or harvest data provided by other users in a way that they would object to.
  4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.
  5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
  6. To pose as another user, third party or organization employee for the purposes of obtaining user or third party information.
  7.  To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  8.  Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
  9.  Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
  10.  Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  11.  Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

10.2  If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.

10.3  The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

Content Ownership

11.1  As a user you retain all ownership rights to content provided by you.

11.2  You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

Copyrighted Material

12.1  We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

12.2  Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.

12.3  If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

Content Monitoring

Termination

14.1  We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

14.2  Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.

Access and Backups

15.1  We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.

15.2  You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.

Disclaimer

16.1  We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.

16.2  We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

16.3  The users of our service acknowledge and agree to the fact that, by its very nature, any investment in shares, stock options and similar and assimilated products is characterized by a certain degree of uncertainty and that, consequently, any investment of this nature involves risks for which the user is solely responsible and liable. Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.

16.4  No prior performance of any financial product can guarantee future performance, and nothing herein should be interpreted to state or imply that past results or trends are any guarantee of future results. The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer; Neither us, nor our affiliates or associates involved in the production and maintenance of this service or this site, is a registered Broker/Dealer or Investment Advisor in any Country. All purchasers of services or products referenced at this site are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. You must clearly understand this: Information contained here and in the signal service is not an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain.

That is your decision.

Do not risk any money you cannot afford to lose.

This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and NOT as individual investment advice. Do not act on this without advice from your investment professional who will verify what is suitable for your particular needs and circumstances. Failure to seek detailed professional, personally tailored advice prior to acting could lead you to acting contrary to your own best interests and could lead to losses of capital.

SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS – UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. IN ADDITION, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT OF ANY OF THE CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY.

SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

Limitation of Liability

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

17.1  Users of our service are also hereby notified that we do not at any time provide financial advice to individuals nor assist nor advise in any way as to the personal financial situation of any individual. None of the information provided on or through the service constitutes individualized investment advice or any legal, accounting, tax or other professional advice. We recommend that our service users not make any investment decision of any sort on the basis of the information and related products set out in our website, unless prior consultation is sought with a professional adviser that has full knowledge of their personal financial situation. Trading may not be suitable for all users of this service.

17.2  As a result of the above, all legal liability directly or indirectly arising whatsoever in respect of the utilization of the information and related products of our service, in particular in the circumstances as described in paragraph 17.1 of these terms and conditions, is hereby excluded to the fullest extent permissible by law. Without limiting the above, FXTIPSTER shall not be liable for any loss of revenue, income or profits, or for any indirect, consequential, special or incidental damages, resulting from your use of this website and the information contained herein, or for any third party claims of any nature, even where we have been advised of the possibility of such damages being incurred.

17.3  We are not liable for any interruption, disruption or suspension of our service whatsoever, even when this result causes the information and related products provided to be rendered inaccurate, inaccessible or incomplete.

17.4  We have not taken any steps to verify the accuracy, quality or reliability of any products, information or services provided by third parties that have links on our website. We accordingly provide no warranties with regard to and disclaim responsibility for any such products, information or services and exclude all liability in this regard to the fullest extent permitted by relevant laws and regulations.

17.5  None of the services or products contained or referred to on this website are available to persons resident in any country, state or territory where distribution of such services or products would be contrary to local law or regulation.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.

Privacy

Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

Severability

The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other.

Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

Waiver

Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

Jurisdiction

These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

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