FOREX ANALYTICS LIMITED TERMS AND CONDITIONS

 

Please read the terms and conditions set out below carefully before registering with us to access the Service from this Website. By submitting an application to register with us you implicitly agree to be bound by these Terms and Conditions.

Forex Analytics Limited seeks to provide a sound, professional service and accordingly you are required as a subscriber or as a purchaser of such services to abide by these Terms and Conditions. In summary the Terms and Conditions state that:

1. This site and all the content is intended for educational and informational purposes only and should be viewed as such.

2. Nothing shown, presented or stated here should be interpreted as an invitation or advice to buy, sell or hold anything. You are strongly cautioned to do your own due diligence in consort with your regulated Financial Advisor in the light of your particular financial circumstances, and to view this website as a vehicle for the expression of opinion only.

3. Best efforts will be made to present all information correctly but no responsibility can be accepted by Forex Analytics Limited for any errors or omissions.

4. All subscriptions and payments for services must be paid in full and in advance – any reimbursements are solely at the discretion of Forex Analytics Limited.

5. Use of all services including the chat room(s) is subject to observance and adherence to these Terms and Conditions.

6. Forex Analytics Limited may revoke some or all of your access to services (including the chat room(s)) on a temporary or permanent basis, for any or for no reason.

7. All content on the website is copyrighted and may not be shared or distributed by any means elsewhere without express written permission from Forex Analytics Limited.

8. The Terms and Conditions may be changed or varied at any time.

9. Our Services must be paid for in full in advance – these Services will be made available to the purchaser immediately such payment is made, subject to any reasonable practical considerations and delays.

10. All memberships/subscriptions, whether discounted or full, are automatically billed on a recurring basis. If you join via a discounted or reduced rate, the full rate will automatically be charged on a recurring basis from the end of the discounted or reduced rate period. All members will continue to be billed at the full rate unless and until they contact us to terminate the agreement via support@forex-analytics.com – the membership will then continue until the end of the then current billing period. No rebates or refunds are given except at the sole discretion of Forex Analytics Limited.
 
 

 

 

 

 

 

Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any application form and payment instructions provided to you;
“Client”, “User”, “Member”, “Subscriber”, “you”, “your” and “yours” are references to you the person accessing this Website and registering with us to use the Service;
“Licence Term” means the period during which you are authorised to access the Service which shall run for the applicable licence period which you have selected when you pay your Subscription Fee;
“Material” means the information and material available for you to view using the Service;
“Privacy Policy” is a reference to the policy we operate concerning the collection, processing and storage of personal data;
“Service(s)” means the information, chat page(s), commentary and analysis which you may view via our Website;
“We”, “us” and “our” are references to Forex Analytics Limited;

“Subscription Fee” is a reference to the fee payable by Clients to access the Service;
“Website” is a reference to our website www.forex-analytics.com on which we provide the Service and to associated sites such as our Twitter feed(s), Facebook page(s), YouTube and Vimeo sites.

1. GENERAL - Including Limitation of Liability, Disclaimer and Indemnity

General:

These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

The services provided by Forex Analytics Limited both via this website and elsewhere are intended strictly for education and information only. The services and materials are provided on an “as is” basis and do not in any way constitute the provision of financial advice or guidance. Forex Analytics Limited is neither a registered investment advisor nor an advisory service. Forex Analytics Limited does not imply, tell or suggest which vehicles, securities or currencies should or should not be bought, held or sold – it is not registered with the Financial Conduct Authority or any other regulatory body to provide financial advice or guidance. Those connected with Forex Analytics Limited may hold positions in the stocks, currencies or vehicles mentioned here.

All content posted is for educational purposes ONLY and independent advice should be sought from a professional to confirm validity and accuracy of any statement made or video or chart shown. Such statements, videos or charts are not solicitations or implications of any sort to buy, hold or sell. You should use the information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding trading decisions. You should ask the firm with which you deal about the terms and conditions of the specific futures or options which you are trading and associated obligations (e.g., the circumstances under which you may become obliged to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearing house to reflect changes in the underlying interest. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.

There is a very high degree of risk involved in trading stocks, options, futures and foreign exchange and Forex Analytics Limited assumes no responsibility or liability for any trading or investment results. Facts, statements, opinions and charts posted to the website or elsewhere may unintentionally include inaccuracies.

In addition, no assumption should be made in relation to the performance or accuracy of the methods shown. No claims are made as to the success or profitability of any posts made within the company website or elsewhere. Be aware that all trading involves risk. Leveraged trading has large potential rewards, but also large potential risk. Be aware and accept this risk before trading. Never trade with money you cannot afford to lose. All forecasting is based on statistics derived from past performance and is no guarantee of future results. No “safe” trading system has ever been devised and no one can guarantee profits or freedom from loss. Before you make any investment or trading decisions, you should carefully inform yourself about the opportunities and risk. Apart from the financial aspects, this might also include the fiscal and legal ones. Please particularly note that the past performance of a trading system or trading strategy is not indicative of future results. See also CFTC RULE 4.41

U.S. Government Required Disclaimer – Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

Specifically:

A. YOU AGREE THAT ANY DECISIONS THAT YOU MAKE DURING OR FOLLOWING YOUR USE OF THE SERVICE ARE MADE ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT. WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGEMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOURS, WHETHER OR NOT BASED ON THE WEBSITE OR MATERIAL FOUND ELSEWHERE.

B. WE DISCLAIM ANY AND ALL LIABILITY TO YOU FOR THE SERVICE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER - IF WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE TO YOU, SUCH LIABILITY IS LIMITED TO THE SUBSCRIPTION FEE THAT YOU HAVE PAID TO US IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM.

C. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL FOREX ANALYTICS LIMITED HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ACCESSING THE WEBSITE AND/ OR THE MATERIAL THROUGH YOU, ARISING FROM CONTRACT (INCLUDING UNDER ANY INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY (EXPRESS OR IMPLIED) UNDER STATUTE OR OTHERWISE, IN EACH CASE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE TERMS AND CONDITIONS, THE MATERIAL AND / OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF REVENUE, LOST BUSINESS, LOSS OF OPPORTUNITY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR ADVISED TO US.

D. Great care has been taken to ensure that the information available on this website and elsewhere is correct and error free. We apologise for any errors or omissions that may have occurred despite our efforts. We cannot warrant that use of the website or the service will be error free or fit for purpose, that it will be timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

E. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the service or our website.

F. We shall not be held liable for any failure or delay in performing the service where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

G. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

H. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

2. Registering with Us

If you wish to use our Service you must first register with us. When subscribing for the Service you will be provided a username and password which you will need to provide each time you login to our Website. You must ensure that you keep these details secure and do not provide this information to a third party.

Any contract for the supply of the Service from this Website is between you and Forex Analytics Limited.

You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registering with us. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible.

You warrant that you have the legal capacity to enter this Agreement and, in the case of a business entity, that you are legally authorised to bind the entity to this Agreement.

The contract for the Service will be accepted at the time we confirm this to you in writing. You must inform us immediately if any details are incorrect.

This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions of Use. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

3. Our Service  

We offer Members the opportunity to access analysis and commentary provided by Forex Analytics Limited. This Service is purely for education and information purposes and does not constitute the provision of financial advice. Any decisions which you make based on any information you have gained from the Services are made purely at your own risk.

In order to access the Service it is necessary to register and pay a Subscription Fee.

Time is not of the essence for the delivery of any Service supplied under this Agreement.

We shall use our reasonable endeavours to make the Service available to you at all times but we shall not, in any event, be liable for interruptions to or unavailability of the Service. Your ability to use and/or access the Service is dependent upon a number of factors which are beyond our reasonable control such as network capacity and telecommunication links. We therefore cannot guarantee that the Service will be available at all times or that it will be uninterrupted or error free.

It may occasionally be necessary to suspend the Service in order to undertake upgrades or remedy any faults with the Services and/or the Website. We will provide you with as much notice as is practicable of any planned suspension.

Material provided by the Service is intended for general reference only. Application of that Material to any specific instance is your sole responsibility.

4. Subscription Fees

In order to receive the Service you must pay a non-refundable Subscription Fee in advance of receiving the Service. The Subscription Fee is calculated based on the Licence Term which you have selected.

Upon the expiry of the applicable Licence Term, we will automatically bill you for the applicable Subscription Fee to renew the Licence Term unless you have notified us in writing that you no longer wish to use the Service.

Your access to the Service will automatically terminate if the applicable Subscription Fee (including VAT) is not paid to us on time.

All Subscription Fees listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Subscription Fees are subject to VAT where applicable.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

5. Licence

During the Licence Term we grant to you a non-exclusive, non-transferable, limited, personal, revocable, worldwide licence to access the Service.

The Licence Term shall commence on the date that we provide you with a valid password to access the Service and shall continue for the period which you have selected when you completed the application form to receive the Service unless otherwise terminated in accordance with this Agreement.

The licence granted to the User is personal to the User and may not be transferred or assigned in whole or in part without our prior written consent. The Licence is a Named User licence which means that it may be only used by the named User of that Licence.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, the Material, or the content of our Website in any way, in part or in whole; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Service cannot be shared or used by more than one individual without our express consent.

When using the Service you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

You are not permitted to download, copy, screenshot or reproduce in any way the Material displayed on the Website which is protected by copyright. Forex Analytics Limited is the owner of all copyright in the Material. You may view Material on screen only and you are not permitted to save Material on any electronic or magnetic media.

6. The Website

The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

We aim to have the Website and the Service available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all service descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

Market Analysis and Metals Analysis are educational and information services only. Each of them is a member-only service which AUTO-RENEWS on the monthly anniversary of the original subscription. If you wish to cancel your membership you can do so by sending an email to support@forex-analytics.com . Once we receive your cancellation request, your access to the service will be discontinued at the end of the current billing cycle. You must provide us with notice prior to the anniversary of your renewal to prevent being billed again. Refunds, including pro-rated refunds, will not be issued once a member has viewed ANY member-only page, in any billing cycle.

Mentoring. All one-to-one mentoring must be paid for in full in advance. The session(s) will take place at mutually agreed, convenient time(s) and where possible will be scheduled at regular intervals. All sessions must be attended within one calendar year of purchase.

Sessions may be changed by either party with a minimum of 24 hours’ notice though we discourage this from happening. When you purchase these sessions you accept that in exceptional circumstances (at our sole discretion) we may reschedule sessions with less than 24 hours’ notice – in such circumstances the session will take place at the next mutually convenient opportunity.

No refunds will be entertained under Option A – the intensive two hour session.

Under Option B – the eight x one hour sessions – no refund will be entertained after two sessions have been delivered. Until that point a refund of 50% of the full fee will be made should you discontinue the sessions.

This refund structure recognizes the fact that the educational value in mentoring is front-loaded and that once mentoring has been purchased other students are turned away, resulting in loss of business. The earliest sessions deliver the greatest value and the latter sessions provide incremental value as the student's knowledge grows.

Advisory. All advisory services must be paid for in full in advance. Because of their bespoke nature, we will need to agree exactly what is required in writing (via email) before providing the specified services.

All such services are non-refundable in part or in full.

Chat Rooms. Users are encouraged to disseminate their views and ideas to other members via the chat room(s) but the presence of such statements or content or the posting of them on the website does not imply Forex Analytics Limited’s agreement or disagreement with them. Users are required to post such statements or content for educational or informational reasons only and strictly may not advise, imply or urge others to buy, hold or sell any equity, future, option, bond, security, derivative, foreign exchange or other financial vehicle. Users are further required to use their best efforts to post truthful and valid statements or content and, where appropriate, to divulge any relevant interest that they may have in such vehicles.

In addition, Forex Analytics Limited is not responsible for statements or content posted by Users to the chat room(s) or elsewhere on the website. As with all other content, the distribution and making them available is solely intended to be for the purpose of providing information and education. All users are reminded that all content posted, by whomsoever, is for educational purposes ONLY and independent advice should be sought from a professional to confirm validity and accuracy of any statement made or chart or video shown. Such statements, videos or charts are not solicitations of any sort to buy, hold or sell. You should use the information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding trading decisions. You should ask the firm with which you deal about the terms and conditions of the specific futures, options etc. which you are trading and associated obligations (e.g., the circumstances under which you may become obliged to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearing house to reflect changes in the underlying interest. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.

We advise that you contact your personal broker or financial advisor before making any investment based on the any Content received from, or viewed through, the Site. Forex Analytics Limited, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter. The Content and all rights associated with such Content, intellectual and other, are the property of Forex Analytics Limited, its affiliates, or partners. Users may not alter, in any way, the Content.

Users are also restricted from embedding the Content in any other website without prior consent from Forex Analytics Limited. In no instance shall Forex Analytics Limited consent to embedding the Content in any website that hosts unlawful, indecent, defamatory, libellous, offensive, pornographic or hateful links to illegal or infringing content, or to content that is otherwise objectionable to Forex Analytics Limited at its sole discretion.

Users are strictly forbidden from soliciting business or advertising items or services for rent or for sale in the chat room(s) or elsewhere on the website either for their own benefit or for that of other people/companies/entities. Touting is strictly forbidden.

Users are required to respect other users at all times and to refrain from political/religious statements or discussion. Please moderate your language – bad language will not be tolerated. The chat room(s) are intended for the dissemination of ideas and Users are requested not to treat it as an arena in which to merely post their trades. Good practice and mutual benefit requires valid reasoning to be provided by Users wherever applicable.

Users may be temporarily or permanently removed from one or more chat rooms, and have their future access rescinded for any period, at the sole discretion of Forex Analytics Limited for any or for no reason and with or without warning. In such an instance the User will not be entitled to any reduction in their monthly, quarterly or annual subscription to any paid service with Forex Analytics Limited.

Content of any sort may be removed with or without warning at any time at the sole discretion of Forex Analytics Limited.

Users agree to only post comments or content that is wholly legal in both their own legal jurisdiction and in the United Kingdom, where Forex Analytics Limited is based.

7. SITE CONTENT


The Site and Content available through the Service may contain links to other websites which are completely independent of Forex Analytics Limited. Forex Analytics Limited makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Forex Analytics Limited, its affiliates, or partners be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

Forex Analytics Limited, its affiliates and partners, shall have no liability for investment or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content. The Content is to be used for informational and entertainment purposes only and we cannot provide investment advice for any individual. We advise that you contact your personal advisor before making any investment related to any information received from the Site. Forex Analytics Limited, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

The video content and the video player (the "Video Content") is posted solely for informational and entertainment purposes only. In no way should the Video Content be construed to be personal investment advice, nor should you rely solely on the Video Content for your investment strategy. By using our Service, you agree that you alone bear responsibility for your own investment research, analysis and decisions. We do not vet, take responsibility for or make any claims with respect to the accuracy, reliability or completeness of the data, information and/or opinions provided within Video Content.

Video content is for viewing within the website only. Downloading of the content is forbidden and may result in immediate barring from the site.

Webinars are from time to time offered to members and non-members. Participants may be removed from the webinar for any or no reason.

Automation of content. No access is permitted through robots, site scrapers or ANY other technology that allows someone to download or automate the reception, transmission or distribution (including email) of ANY content on the website. Any member found to be downloading content for onward transmission will have their account deactivated.

Access to the Service. Forex Analytics Limited grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Forex Analytics Limited in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Forex Analytics Limited. In the event that any member distributes content in any member only area of the site to a non-member without express written permission, Forex Analytics Limited reserves the right to immediately cancel the offending member's account with no warning.

Whilst we strive, using reasonable endeavours, to ensure that all content is accessible and viewable at all times occasionally content can be corrupted or removed for a variety of technical reasons. Acceptance of membership includes acceptance that not all content will be available at all times.

8. YOUR INFORMATION

Where we have requested information from you to in order to provide the Service, you agree to provide us with accurate and complete updated information.

You authorise us to use, store or otherwise process your personal information in order to provide the Service to you and for marketing and credit control purposes (the “Purpose”). The information will be stored and used in accordance with our Privacy Policy.

You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

9. LINKED SITES

Where there are links on our Website to third party websites these are either due to such third party providing a service to us or you or where we believe that such third party website may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

10. COMPLAINTS

We take complaints very seriously and aim to respond to your complaints within two business days. All complaints should be addressed to support@forex-analytics.com

11. CANCELLATION/TERMINATION

You may cancel the Service at any time by emailing us at support@forex-analytics.com .

Once you cancel the Service the Licence Term will automatically terminate at the end of the contracted period and you will not be entitled to further access the Service.

No refunds will be given for Subscription Fees paid in advance. There are no pro-rated refunds for partial billing periods, be it monthly, quarterly or annual.

We may terminate the Service and this Agreement immediately on notice to the Client in the event that we reasonably consider or suspect that you have acted in breach of these Terms and Conditions.

Forex Analytics Limited reserves the right to terminate the Service and this Agreement and to cancel your subscription for Paid Services at our absolute discretion at any time for any reason or for no reason. In such a situation there will be no entitlement to any refund for payments already made.

In the event that Forex Analytics Limited cancels or suspends for whatever period any of the Paid Services that you are presently subscribed to, you agree that we may transfer your subscription to another Paid Service or combination of services that are then offered at an equal or greater value.

12. INTELLECTUAL PROPERTY RIGHTS

All copyright, database rights, trade marks and other intellectual property rights in the Service and Material (including any such rights in our Website) and all similar and database rights in the Service and any Material remain the property of Forex Analytics Limited or of the copyright owners (as the case may be) and are either owned by or licensed to us and nothing in these Terms and Conditions shall transfer any ownership rights to you. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material, information, chart, video or download from our Website.

Subscribers are granted a limited right to access the Service by way of a licence granted in accordance with these Terms and Conditions.

Copyright Complaints. We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Forex Analytics Limited at support@forex-analytics.com 

Please provide us with the following Notice:

a) Identify the Content on the Service that you claim is infringing, with enough detail so that we may locate it on the Service.

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

d) Your address, telephone number, and email address.

e) Your physical or electronic signature.

13. USER CONDUCT


You agree not to use the Service to:

a) In any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;

b) Post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

c) Post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

d) Post or otherwise make available any material that 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;

e) Post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

f) Use or attempt to use another's account, service or system without authorization from Forex Analytics Limited or create a false identity on the Service.

g) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;

h) Post or otherwise make available any information that you do not have a 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);

i) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

14. INDEMNITY


You agree to indemnify and hold Forex Analytics Limited, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable professional fees, arising out of or in connection with any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms of Use or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.

Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Forex Analytics Limited are non-confidential and shall become the sole property of Forex Analytics Limited. Forex Analytics Limited shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other. These Terms of Use constitute the entire agreement between you and Forex Analytics Limited regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of Forex Analytics Limited to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions

15. Additionally

We may assign, subcontract or novate any part or parts of the Service that we provide to you from time to time and any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

We may alter or vary the Terms and Conditions at any time.

The Terms and Conditions together with the Privacy Policy, any application form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the website, these Terms and Conditions shall prevail.

If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.

Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other may be given by hand or sent by first class pre-paid post to the other party at the registered office address of that party.

These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.