Website Terms And Conditions
This page (together with the documents referred to in it) contain all of the terms and conditions of use (the ‘Terms’) on which you may make use of our website Tradecrowd.co.uk ('our site'), whether as a guest or a registered user. Please read the Terms carefully before you start to use the site. By using our site, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to them, you must refrain from using our site. The Terms may be changed at any time without notice to you, and you should review them regularly.
1 INFORMATION ABOUT US
1.1 Tradecrowd.com and any other websites bearing the Tradecrowd brand are sites operated by Tradecrowd Technology Ltd ('We'). We are registered in England and Wales under company number 8439612 and have our registered office at 9th floor, 107 Cheapside, London, EC2V 6DN.
1.2 We are an Appointed Representative of Tradenext Limited under Financial Conduct Authority ('FCA') firm reference number 607527. Tradenext Limited is a Contract for Differences ('CFD'), Financial ('FSB') and Foreign Exchange ('Forex') broker authorised and regulated by the FCA under firm reference number 573464. Tradenext’s registered office address is Lower Ground, 3 Copthall Avenue, London, EC2R 7BH. The address of the FCA is 25 The North Colonnade, Canary Wharf, London, E14 5HS.
2 ACCESSING OUR SITE
2.1 Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.
2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.
2.4 When using our sites, you must comply with the acceptable use provisions in clause 21 below.
2.5 You are responsible for making all arrangements necessary for you to have access to our sites.
2.6 Our sites use cookies, and our cookie policy is in our Privacy and Security Policy available on our sites.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 You may print off one copy, and may download extracts, of any page(s) from our sites for your personal reference.
3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4 Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.
3.5 You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
3.6 If you print off, copy or download any part of our sites in breach of the Terms, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4 PERSONAL DATA
4.1 We may share your personal data with any of our agents, including data processors, whether in the United States of America or Canada or other jurisdictions in or outside the European Economic Area who may only use it for the same purposes as us. We will take adequate measures to protect the security of your personal data and details of the companies and countries involved in processing your personal data will be provided on request.
4.2 You have the right, on payment of a £10 fee, to receive a copy of the information we hold about you, to the extent that it constitutes your personal information. If you would like this please write to info@tradecrowd.com.
4.3 If you would like to change or modify information previously provided to us, to remove information from our database or elect not to receive certain communications from us please write to info@tradecrowd.com.
5 RELIANCE ON INFORMATION POSTED
5.1 Commentary and other materials posted on our site, including materials posted by users of our sites (together, ‘Information’) are not intended to amount to advice on which reliance should be placed. We and users of our sites therefore disclaim all liability and responsibility arising from any reliance placed on this Information by any visitor to our sites, or by anyone who may be informed of any of its contents.
5.2 We and our site users make no representation as to the completeness, accuracy or timeliness of the Information nor do we or any of our site users accept any liability for any losses, costs, liabilities or expenses which may arise directly or indirectly from your use of, or reliance on it. Such information is not an offer or solicitation by us or by any user of our site to buy, sell or otherwise deal in any particular investment.
5.3 All Information is and remains our property or the property of the relevant user of our sites.
5.4 Nothing in the Terms shall limit or exclude our liability for personal injury or death caused by our negligence.
5.5 We shall not be liable to you for any direct or indirect losses which you suffer as a result of using our sites or any site linked to from them, except in the case of our wilful default or fraud. 'Indirect loss' would include, for example, loss of profit, loss of opportunity, loss of business and any other indirect losses.
6 YOUR OBLIGATIONS
You agree and confirm to us each time you use our sites, that:
6.1 you have all necessary power, authority and approvals to enter into and perform your obligations (and/or the obligations of the person(s) on whose behalf you are acting) under the Terms;
6.2 you entering into and performance of these Terms and each contract does not violate, contravene, conflict with or constitute a default under any law, regulation, rule, judgement, contract or other instrument binding on you or any of your assets (and/or of the person(s) on whose behalf you are acting) or (if you are a company) any provision of your Memorandum and Articles of Association (or equivalent constitutional documents);
6.3 in accepting these Terms, we have not made, and you are not relying upon, any statements, representations, promises or undertakings that are not contained in these Terms;
6.4 you accept full responsibility for monitoring your account(s). You agree to notify us immediately if you become aware of the loss, theft or unauthorised use of your username or password or account number;
6.5 you shall make sure that your password remains confidential at all times and you must take all responsible steps to:
6.5.1 stop any other person using your password; and
6.5.2 not use your account number in full or in part as your password.
6.6 you will inform us if there is any change to any of your personal details.
7 OUR SITES CHANGE REGULARLY
7.1 We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close them indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
8 OUR LIABILITY
8.1 The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy, completeness or timeliness. To the extent permitted by law, we, other members of our group of companies and third parties connected to us including users of our sites hereby expressly exclude:
8.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to them and any materials posted on them, including, without limitation any liability for:
8.1.2.1 loss of income or revenue;
8.1.2.2 loss of business;
8.1.2.3 loss of profits or contracts;
8.1.2.4 loss of anticipated savings;
8.1.2.5 loss of data;
8.1.2.6 loss of goodwill;
8.1.2.7 wasted management or office time; and
8.1.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9 RISK WARNING
9.1 Please read the critically important risk warnings in the Risk Warning Notice available on our sites before making any trade. This warning is published purely as a public service and we assume no liability in relation thereto.
10 ASSIGNMENT
10.1 We may at any time transfer or assign absolutely our rights, benefits and/or obligations under the Terms by delivering to you a notification. Any such transfer or assignment shall be subject to the assignee undertaking in writing to be bound by and perform our obligations under these terms and conditions.
10.2 Our rights and obligations under these terms and conditions are personal to you. This means that you cannot assign them.
11 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
11.1 We process information about you in accordance with our Privacy and Security Policy available on our sites. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.
12 UPLOADING MATERIAL TO OUR SITE
12.1 Whenever you make use of a feature that allows you to upload material to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in clause 21 below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
12.2 Any material you upload to our site will be considered non-confidential and nonproprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.
12.4 We have the right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in clause 21 below.
13 VIRUSES, HACKING AND OTHER OFFENCES
13.1 You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the servers on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
13.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on them, or on any website linked to them.
14 LINKING TO OUR SITES
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 You must not establish a link from any website that is not owned by you.
14.3 Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clause 21 below.
14.4 If you wish to make any use of material on our site other than that set out above, please address your request to info@tradecrowd.com.
15 LINKS FROM OUR SITE
15.1 Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16 JURISDICTION AND APPLICABLE LAW
16.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms and conditions of use are governed by English law.
17 TRADE MARKS
17.1 Tradecrowd, tradecrowd.com, all other URLs bearing the Tradecrowd brand and the Tradecrowd logo are trade marks of Tradecrowd Technology Ltd.
18 VARIATIONS
18.1 We may revise these terms and conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our sites.
19 MARKETING
19.1 You agree that we may market to you despite any change in our Appointed Representative status.
20 APPOINTED REPRESENTATIVE STATUS
20.1 You agree that we may freely transfer any account you open with us, and the personal data related thereto, to any provider of Appointed Representative status other than Tradenext Limited without your consent.
21 ACCEPTABLE USE
21.1 You may use our sites only for lawful purposes. You may not use our sites:
21.1.1 In any way that breaches any applicable local, national or international law or regulation.
21.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
21.1.2 For the purpose of harming or attempting to harm minors in any way.
21.1.3 To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards below.
21.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
21.1.5 To 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.
You also agree:
21.1.6 Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of these terms and conditions of website use.
21.1.7 Not to access without authority, interfere with, damage or disrupt:
21.1.7.1 any part of our sites;
21.1.7.2 any equipment or network on which our sites is stored;
21.1.7.3 any software used in the provision of our sites; or
21.1.7.4 any equipment or network or software owned or used by any third party.
21.2 We may from time to time provide interactive services on our sites, including, without limitation:
21.2.1 Chat rooms
21.2.2 Bulletin boards.
21.3 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
21.4 We are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
21.5 The use of our sites or any of our interactive services by a minor is prohibited.
21.6 The following content standards apply to any and all material which you contribute to our sites (contributions), and to any interactive services associated with it.
21.6.1 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
21.6.1.1 Be accurate (where they state facts).
21.6.1.2 Be genuinely held (where they state opinions).
21.6.1.3 Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
21.6.1.4 Contain any material which is defamatory of any person.
21.6.1.5 Contain any material which is obscene, offensive, hateful or inflammatory.
21.6.1.6 Promote sexually explicit material.
21.6.1.7 Promote violence.
21.6.1.8 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
21.6.1.9 Infringe any copyright, database right or trade mark of any other person.
21.6.1.10 Be likely to deceive any person.
21.6.1.11 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
21.6.1.12 Promote any illegal activity.
21.6.1.13 Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
21.6.1.14 Be likely to harass, upset, embarrass, alarm or annoy any other person.
21.6.1.15 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
21.6.1.16 Give the impression that they emanate from us, if this is not the case.
21.6.1.17 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
21.7 We will determine, in our discretion, whether there has been a breach of this acceptable use clause 21 through your use of our sites. When a breach of this clause has occurred, we may take such action as we deem appropriate.
21.8 Failure to comply with this acceptable use clause 21 constitutes a material breach of these terms and conditions of use upon which you are permitted to use our sites, and may result in our taking all or any of the following actions:
21.8.1 Immediate, temporary or permanent withdrawal of your right to use our sites.
21.8.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites.
21.8.3 Issue of a warning to you.
21.8.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
21.8.5 Further legal action against you.
21.8.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
21.9 We exclude liability for actions taken in response to breaches of this acceptable use clause 21. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
21.10 Some of the provisions contained in this acceptable use clause 21 may be superseded by provisions or notices published elsewhere on our site.
22 INCORPORATION AND CONFLICT
22.1 The provisions of the following documents, available on our site, are incorporated within these terms and conditions of use: General Terms of Business, Risk Warning Notice, Order Execution Policy, Privacy and Security Policy, Complaints and Disputes Policy (together, the ‘Other Provisions’).
22.2 In the event of a conflict between these terms and conditions of use and the Other Provisions, the Other Provisions shall prevail to the extent necessary to resolve the conflict.