Terms and Conditions concerning
The following terms and conditions apply to all activities of Quantum Trade Solutions UG (limited), District court Offenbach am Main HRB 48296, Jahnstrasse 43, 63075 Offenbach am Main, Germany (following tradeciety) advertised on our homepage www.tradeciety.com. This terms and conditions are brought to the attention of all users through uploading them unto the homepage www.tradeciety.com and form part of any agreement between users and us.
1.1 tradeciety regards itself as an information provider regarding all issues connected to stock market investment. Tradeciety, along with our affiliates, partners and advertisers, provide content and services to you via the homepage subject to the following conditions.
1.2 Your use of the homepage is deemed to signify that you have read and agreed to our Terms and Conditions.
1.3 None of the information provided by tradeciety constitutes a solicitation to trade any investment or security of any kind.
2.1 Certain services in connection with the homepage are available upon prior registration with tradeciety. Registration is free of charge. For most services offered by tradeciety however, no prior registration is needed.
2.2 Where necessary, registration is available to all individuals eighteen (18) and above in age. If the legal age differs in the jurisdiction of a user such age must be met.
2.3 tradeciety is entitled to block or disable any account of a user not in line with para. 2.2.
2.4 To register with the homepage users must supply a user name, a password, a valid email address, their full name and postal address.
2.5 tradeciety is free to decline entering an agreement with a user. No user possess any claim with regards to the registration with the homepage.
3.1 Registration itself, where necessary, is free of charge. However, tradeciety might charge users for certain services after registration as stated on the homepage.
3.2 Registration is indefinitely. Aforesaid agreement can be terminated with prior written (Email, letter, fax) notice without reason at any time. Period of notice is for tradeciety is two (2) weeks.
3.3 Both sides are free to terminate aforesaid agreement under extraordinary circumstances in accordance with the law.
3.4 Users will keep their personal data up to date. Users will safeguard their account, keep access data confidential and avoid third parties accessing their accounts with the homepage. In case of a security breach users are obliged to notify tradeciety without unnecessary delay.
3.5 Users will not publish content on the homepage which is:
(a) threatening, defamatory, subversive, xenophobe, discriminating, offensive, obnoxious, blasphemous, in violation data protection law or in any way covered by criminal law in the jurisdiction of the user.
(b) for which the user does not possess all necessary licences.
(c) is in violation of third parties’ copyrights.
(d) regarded as advertisement for another homepage.
(e) engaging or encouraging others in conduct with is regarded as criminal or in breach of any law or statute or third parties’ rights around the globe.
3.6 Users will not engage in unsolicited advertisement on the homepage or engage in activities which are meant to harm tradeciety or its business interests.
3.7 tradeciety might be legally obliged to cooperated with law enforcement agencies in order to identify customers in break of their obligations as stated in Para. 3.5.
3.8. tradeciety shall be liable to the users in all cases of contractual and extra-contractual liabilities for intent or gross negligence in accordance with statutory provisions relating to damages or reimbursement of frustrated expenditure.
3.9 In other cases, tradeciety`s liability only applies to a breach of a contractual obligation the fulfilment of which is a material prerequisite for the execution of the agreement and on whose fulfilment the user may generally rely; such liability shall be limited to the compensation of foreseeable and typical damages. In all other cases liability on the part of tradeciety shall be excluded subject to liability for damages resulting from injury to life, limb or health.
3.10 Under no circumstances do we guarantee access to or quality of the homepage. tradeciety does not accept liability for any loss of data, late or incomplete transmission of data connected with the use of this homepage. Content on the homepage might change anytime without prior notice.
3.11 Under no circumstances do we guarantee access to or quality of the homepage. tradeciety does not accept liability for any loss of data, late or incomplete transmission of data connected with the use of this homepage. Content on the homepage might change anytime without prior notice.
3.12 Users will indemnify tradeciety against any third parties’ claim in connection with violating the user`s obligations as stated in Para. 3.1 to 3.11.
4.1 If you decide to access the paid area of the homepage or to take advantage of paid services offered to you on the homepage, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights.
4.2 You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the homepage using your name in whole or in part.
4.3 All prices shown on the homepage including, where applicable, VAT. For users from outside the EU no VAT will generally not be applicable. All prices are subject to change without prior notice. tradeciety accepts the following modes of payment:
(a) credit card
4.4 Users hereby authorise tradeciety to charge the abovementioned and chosen mode of payment with the lump sum price agreed with tradeciety. Users authorises tradeciety to seek help of any third party in executing their authority and to delegate all necessary private data to the third party in question charged with obtaining the lump sum price from the user.
4.5 Users are responsible to keep sufficient funds in their account or on their credit card. In case tradeciety is unable to secure payment of the remuneration owed by the user the user is liable for all fees or other means of punishment levelled unto tradeciety by the user`s or tradeciety`s own bank or credit card company.
4.6 Different credit card fees might apply in different jurisdictions.
4.7 Offsetting and withholding money in order to satisfy a claim by the user against tradeciety is only possible in cases such claim has been accepted by tradeciety or legally ascertained by a court.
5.1 Users have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the user or a third party nominated by you, other than the carrier, take possession of the goods or services.
5.2 To exercise the user`s right of cancellation, please inform us
of your decision to cancel this contract. The user can optionally use the attached sample cancellation form. You can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once you have made use of this possibility, we will send you confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
5.3 Consequences of cancellation: If the user cancel this contract, we are obliged to repay all payments that we have received from you including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
6.1 RISKS ASSOCIATED WITH TRADING ELECTRONICALLY
Before you engage in transactions using an electronic system, you should carefully review the rules and regulations of the exchanges offering the system and/or listing the instruments you intend to trade. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You should understand these and additional risks before trading.
6.2 RISKS ASSOCIATED WITH TRADING THE STOCK MARKET
All opinions, news, research, analyses, prices, or other information offered by tradeciety are provided in terms of general market commentary. They do not constitute investment advice. Tradeciety does not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on aforementioned opinions, news, research, analyses, prices, or other information offered by tradeciety.
All investments involve risk, and the past performance of a security, industry, sector, market, financial product, trading strategy, or individual’s trading does not guarantee future results or returns. Investors are fully responsible for any investment decisions they make. Such decisions should be based solely on an evaluation of their financial circumstances, investment objectives, risk tolerance, and liquidity needs.
6.3 RISKS ACCOCIATED WITH FOREX TRADING
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Past performance is not indicative of future results. 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.
Leverage allows traders the ability to enter into a position worth many times the account value with a relatively small amount of money. This leverage can work with you as well as against you. Even though the Forex market offers traders the ability to use a high degree of leverage, trading with high leverage may increase the losses suffered. Please use caution when using leverage in trading or investing.
6.4 RISKS ASSOCIATED WITH OPTIONS TRADING
Options involve substantial risk and are not suitable for all investors. Options investors may lose the entire amount of their investment in a relatively short period of time. It is possible to owe more than you have invested in your brokerage account. Please be aware of your broker’s requirements for trading options. Before you decide to invest in the options market you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time.
Past performance is not indicative of future results. You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and tradeciety. Testimonials as presented may not be representative of all reasonably comparative users.
None of the information provided by tradeciety constitutes a solicitation to trade any investment or security of any kind.
7.1 AS A CONDITION OF USE OF THIS HOMEPAGE AND ALL SERVICES OFFERED BY TRADECIETY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TRADECIETY AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING:
(A) YOUR USE OF THE HOMEPAGE OR ANY OTHER CHANNELS;
(B) TRADECIETY`S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT;
(C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND,
(D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
8.1 Intellectual Property Rights
8.1 All rights, including copyright and other intellectual property rights, concerning the homepage are owned by or licensed to tradeciety or a affiliated third party.
8.2 Every use not covered by this terms and conditions is hereby prohibited.
8.3 Using the homepage and its contents grants no rights to the user in relation to the intellectual property rights of tradeciety, or that of third parties, on the homepage or its contents. By submitting information, text, photos, graphics or other content to the homepage the user confirms that he has the right to use the same and grants tradeciety a right to use such materials at tradeciety`s discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the application.
8.4 If found in breach of any obligation arising from this terms and conditions, in particular from 8.1 to 8.3, tradeciety might take the necessary steps to safeguard its own interests, in particular to temporarily or permanently block or delete a user account, to temporarily or permanently frustrate access of a user to the application and to take legal action.
8.5 If a user is found to be in breach of his obligations as stated in 8.1 to 8.3, tradeciety might refer the matter to local law enforcement agencies for further investigation. Tradeciety will cooperate with local law enforcement where legally obliged and where cooperation is deemed expedient by tradeciety.
9.2 tradeciety might forward data regarding the user`s payment history in case a user falls short of meeting his obligations with regard to tradeciety to relevant third parties (e.g. Schufa). Such notification does only take place in case no legitimate interests of the user in question is violated.
10.1 tradeciety shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use of the homepage shall constitute your acceptance of any changes.
10.2 tradeciety shall have the right at any time to change or discontinue any aspect of the homepage including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
11.1 Only a registered user shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
11.2 These terms and conditions are the sole contract in force between a user and tradeciety in connection with the homepage and the services provided by that said homepage. These terms and conditions replace all other agreements in force up to date.
11.3 If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.
12.1 All agreement and their terms shall be construed according to German law. The laws of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any agreement shall be Offenbach / Germany.
12.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the homepage; provided, however, that in the event of a conflict between such other terms and the terms of these Terms and Conditions, the terms of these Terms and Conditions shall control.
12.4 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
Last updated: January 2017