Terms and conditions for avamisswing.com (the Website)
This website is owned and operated by Tradepedia LTD, licensed with Dubai International Financial Center with license number CL1433. Tradepedia LTD offices are located in Damac Park Towers, Dubai International Financial Center, P.O. Box 506969, Dubai, UAE.
Your use of the Website is subject to the following terms and conditions (Terms), which you are deemed to accept by using the Website. If you do not agree to these Terms, you must not use the Website.
1.1. Disclaimer regarding content
Tradepedia is solely an educator providing training on the theory of analyzing financial markets. Tradepedia’s services and products are for illustrative, informational and educational purposes only. Tradepedia does not provide trading or investment advice. Rather, it provides training based on its theoretical analysis of markets and then provides theoretical examples of how a trader might choose a trade based on the theories taught by tradepedia. Each and every trade example shown by tradepedia is hypothetical and subject to the limitations of hypothetical results.
All content on the site including but not limited to the trading courses, webinars and trading signals are provided by tradepedia on an “as is” and “as available” basis. Tradepedia makes no representations or warranties of any kind, expressed or implied, as to the operation of the tools, or the information content or materials included on these. You expressly agree that your use of the tradepedia content is at your own risk.
The tradepedia content are provided for educational purposes only and any advice contained therein is provided for the general information of readers and does not have regard to any particular person’s investment objectives, financial situation or needs and must not be construed as advice to buy, sell, hold or otherwise deal with any securities or other investments. Accordingly, no reader should act on the basis of any information contained therein without first having consulted a suitably qualified financial advisor.
Neither tradepedia nor its third party content providers shall be liable for any errors inaccuracies or delays in content or any actions taken upon thereon.
Tradepedia expressly disclaims all warranties, expressed or implied, as to the accuracy of any of the content provided, or as to the fitness of the information for any purpose.
2.1. All content provided on these courses, analysis, videos, articles, metastock / metatrader formulae, indicators, custom indicators, explorations, templates, system tests, scripts, and expert advisors (the tradepedia tools) are owned by or licensed to tradepedia and/or its affiliates and are protected by international copyright laws.
2.2. By accessing the Website, you agree that you will access its contents solely for your own private non-commercial use. You may download, view, store and print off the whole or any part of the Website (other than any restricted information) solely for your own private non-commercial use in accordance with these Terms. You may not use the Website or any material contained herein for any other purpose. Where you download, store or print off any of the contents of the Website, you must ensure that our copyright notice appears thereon.
2.3. Except as expressly permitted by applicable law and by clause 2.2 (above), you may not copy (except to the extent required in order to use the Website in accordance with these Terms, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website or systematically extract material from the Website or any document available through it or in any other way exploit commercially all or any part of the Website or any document available through it without our prior written permission.
2.4. Unauthorized access to or use of the Website or the tradepedia Online Services available through the Website is prohibited. Unauthorized access to, or misuse of, a computer constitutes an offence under the Computer Misuse Act 1990. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device associated with the Website.
2.5. Subject to clause 4.2, the copyright and all other intellectual property rights in all of the content and material of whatever form contained in the Website (including, but not limited to, the organization, layout, information, photographs and graphical images) is owned by us and/or our licensors. In particular the word “tradepedia” and associated logos are our registered trademarks and may not be reproduced or used without our express prior written permission.
2.6. We reserve the right, in our discretion, to withdraw, suspend or modify the Website or certain features or parts of the Website with or without notice to you, where we have reason to do so. There may also be times when the Website or certain features or parts of the Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Website or any service available on or through the Website.
2.7. We reserve the right to vary or amend these Terms from time to time without prior notice. Any changes will take effect upon posting to the Website. If you do not agree to any change to these Terms, you must immediately stop using the Website.
2.8. It is our policy to virus check documents and files before they are posted on the Website. However, we cannot guarantee that documents or files downloaded from the Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using the Website. You must not post or provide to us via the Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Website.
3. Your warranties
3.1. You warrant that:
3.1.1. you will only use the Website in accordance with these Terms and only for lawful purposes and in a lawful manner;
3.1.2. all emails, comments, discussion posts, blogs, news postings, information, document, file or any other material that you intend to post to the Website or provide to us via the Website (Contributions) does not contravene any applicable local, national or international laws or regulations or contravene any person’s legal rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;
3.1.3. you will not transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam) via the Website;
3.1.4. you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
3.1.5. You will not collect information about users, including email addresses, without their prior written consent.
4.1. You are solely responsible for your Contributions and you shall ensure that your Contributions do not:
4.1.1. contain any material which is defamatory of any person;
4.1.2. contain any material which is obscene, offensive, hateful or inflammatory;
4.1.3. promote sexually explicit material;
4.1.4. promote violence;
4.1.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.1.6. infringe any copyright, database right or trade mark of any other person;
4.1.7. be likely to deceive any person;
4.1.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.1.9. promote any illegal activity;
4.1.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.1.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
4.1.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
4.1.13. give the impression that they emanate from us, if this is not the case; or
4.1.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4.2. You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future. In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a license to us.
4.3. You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the Website or otherwise relating to any of your Contributions. We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. Our decision on this shall be final. Further, we reserve the right to suspend or terminate, or bar access to, all or part of the Website.
4.4. We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described in clause 4.3 nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions.
5. Online Privacy
6. Accuracy of information
6.1. Whilst we try to ensure all information on the Website is correct, up-to-date and complete, such information is provided for information purposes only and you should not rely on it. Accordingly, we make no warranty as to the accuracy of any information or Contributions on the Website and do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.
7.2. Any links to such third-party websites are for your convenience and the inclusion of the link in our Website does not imply any endorsement, guarantee, warranty or representation by us of the quality or accuracy of the information, products or services provided to you on those third-party websites.
7.3. All electronic links to the Website require our prior written consent. Please email requests email@example.com
8. Restricted access
8.1. Access to parts of the Website is restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please leave the restricted section immediately and contact us by email to firstname.lastname@example.org as soon as possible. Please also contact us by email at email@example.com if we have notified you that you are permitted to access a restricted part of any of the Website but are unable to obtain access to it.
8.2. You may be required to enter a user name and password to enter restricted areas of the Website. If you are free to choose your own user name (a User Name), the User Name you choose must not violate any applicable law, third-party rights or these Terms. In respect of your User Name you must, in particular not use:
8.2.1. the name of another person or entity;
8.2.2. a name that infringes any third party’s copyright, trademark or other intellectual property rights; or
8.2.3. a name that could provoke or offend other members such as vulgar or insulting user names.
8.3. You must not allow any other person to use your password. If you believe someone else knows your password you must change it immediately and contact us by email at firstname.lastname@example.org as soon as possible.
8.4. We reserve the right to remove you from the authorized list of users for any restricted area of the Website at any time.
8.5. Parts of the Website incorporate encryption technology but even if there is encryption technology in place we cannot guarantee that unauthorized people will not be able to access confidential information hosted on or downloaded from the Website.
8.6. The documents and files hosted on the restricted sections of the Website are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person.
8.7. If you access the Website from a shared PC, during your access to the Website you will be responsible for all instructions received by us between the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website.
8.8. Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by post or telephone with any information that must reach us by certain deadlines.
CLAUSES 9 – 12 APPLY, IN ADDITION TO THE OTHER TERMS AND CONDITIONS, IF YOU ARE MAKING PAYMENTS ONLINE THROUGH THE WEBSITE.
9. Payment and creation of contract
9.1. All payments made by you through the Website are subject to the terms and conditions in clause 9 to 11 inclusive.
9.2. We must receive payment of the whole price for the subscription, services or materials (together or individually “Services”) you wish to receive before your order can be accepted.
9.3. You may place an order to purchase the Services on the Website by following the onscreen prompts after clicking on the Service in which you are interested. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Finish, Send or confirm” button on the last page.
9.4. Once we receive your payment we will confirm our acceptance of your order by sending an email to the email address you provide in your order form (Acceptance Notice). Our email to you shall include the details and price currently available for the Services in question. If these details and/or price differ from those shown on the Website at the time you submitted your order and you wish to cancel your order and (payment) you may do so in accordance with clause 11 below. In case of recurring billing the e-mail receipt will state “recurring transaction” and the frequency of the recurring billing.
9.5. If the details and price in our Acceptance Notice correspond to those shown on the Website at the time at which you submitted your order, then a legally binding contract between us (Contract) will arise upon your receipt of the Acceptance Notice.
9.6. If the details and price in our Acceptance Notice do not correspond to those shown on the Website at the time at which you submitted your order you must tell us if you do not wish to proceed with your order. A Contract will arise between us if we have not received any notice to cancel your order within seven days of our Acceptance Notice, in accordance with clause 11 below.
10.1. The price payable for the Services that you order is as set out on the Website as the same may be amended from time to time.
11. Your right of cancellation
12. Availability of events or training you order
12.1. We reserve for ourselves the right to cancel any of the training or events, and any payments made by you will be refunded to your account. We will notify you of such cancellation and refund by email as soon as reasonably possible. The refund to your account will take place as soon as possible and in any event within 30 days of the date of cancellation of the training or event.
13. Limitation of liability
13.1. We shall not be liable to you for any communication sent by email which is either received late or not received at all.
13.2. We shall not be liable to you for any loss arising out of the inaccuracy or incompleteness of information, including any of your or any third party’s Contributions, contained on the Website or in the Services.
13.3. The Websites and/or Services are provided to you on an “as is” and “as available” basis without any warranty being given in relation to the Website or Services including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, fitness for purpose, that any information is up to date or correct, or any implied warranty arising from course of dealing or usage or trade.
13.4. Whilst we will endeavour to maintain the availability of the Website, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. If you are aware of any error on the Website please contact us by email at email@example.com and we will endeavor to correct it.
13.5. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
13.6. We shall not be liable for any special, indirect or consequential damages (including loss of business, profits, anticipated savings, opportunity, reputation or goodwill) however caused.
13.7. Our aggregate liability to you in any 12 month period, whether arising from negligence, breach of contract or otherwise, shall not exceed the amount paid by you for the Services in the 12 months prior to the liability arising.
14. Entire agreement clause
14.1. These Terms, together with any Contract and the documents referred to in them contain the whole agreement (Agreement) between the parties and supersedes any previous agreements between the parties relating to the subject matter of the Agreement.
14.2. Each party acknowledges that in agreeing to enter into the Agreement it has not relied on any representation, warranty or other assurance except those set out in the Agreement.
14.3. Each party waives all rights and remedies which, but for this clause 14, might otherwise be available to it in respect of any such representation, warranty or other assurance.
15. Force majeure
15.1. Neither party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following:
(a) act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution;
(b) blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the party claiming relief,
(c) adverse weather or disease;
(d) act or intervention of a competent judicial or regulatory authority;
(e) any event (including, without limitation, any act or omission of any third party) beyond its reasonable control which could not reasonably be planned for or avoided. Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party’s obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.
16.1. Deposit and non deposit bonuses from third party providers are subject to their terms and conditions of the said provider and may not be available to residents of certain countries or existing clients of the third party provider.
16.2. Free subscription by opening an account via an affiliated broker is subject to the client generating a minimum of $50. income to the company per calendar month. If this target is not met the company reserves the right to cancel the free subscription to the client and require payment to continue the service thereafter.
16.3 Free subscription by opening an account via an affiliated broker is not available for the residents of certain countries, such as the United States of America, Canada, Europe, Israel, United Arab Emirates and the Islamic Republic of Iran.
17. General further notes
17.1. You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Agreement by you or other liabilities arising out of your use of the Website and/or Services.
17.2. You may access the Website and use the Services from anywhere in the world; however, the Agreement, including without limitation clause 16.9 of these Terms, shall apply regardless of how and from where you access the Website or place orders for the Services.
17.3. You must be legally capable of entering into a binding contract to use the Website and/or the Services offered by us.
17.4. If any part of the Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
(a) the legality, validity or enforceability in that jurisdiction of any other part of the Agreement; or
(b) the legality, validity or enforceability in other jurisdictions of that or any other part of the Agreement.
17.5. A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
17.6. The rights of each party under the Agreement:
(a) may be exercised as often as necessary;
(b) are cumulative and not exclusive of rights or remedies provided by law; and
(c) may be waived only in writing and specifically.
Delay in exercising or non-exercise of any such right is not a waiver of that right.
17.7. Nothing in the Agreement shall be deemed to constitute a partnership between us and you, nor constitute either party the agent of the other party for any purpose.
17.8. You and we agree that the Agreement shall be governed by the laws of England and Wales in Europe and DIFC in Dubai, UAE. Any dispute arising between you and us in relation to the Websites and/or Services shall be governed by the laws of England and Wales and DIFC and you submit to the exclusive jurisdiction of the Courts of England and Wales and DIFC for the purposes of any such dispute.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.”