8totrade Trading Terms & Conditions
1. INTRODUCTION TO THESE TERMS AND CONDITIONS
These terms (the “8totrade Trading Terms”) are a legal agreement between you and 8topuz. (“Us” or “We”) and are the terms upon which We, at our discretion, permit you to access and use the 8totrade Trading application (the “App”), our website located at 8totrade.com (the “Website”) and all associated information or content (including, without limitation, Third Party Subscription Content) accessible through, or in conjunction with, the App or Website (“Content”), including access through the RSS reader, subject, in the case of certain content, to payment of applicable charge, as further described in section 7 of the 8totrade Trading Terms.
The 8totrade Trading Terms also apply to any communications between you and Us, and software which We make available to you via the App, the Website or third-party platforms (“8totrade Trading Software”). References in these terms to “Services” means the App, the Website, the Content, and/or the 8totrade Trading Software.
2. IMPORTANT NOTICE
By downloading and using the Services, you are acknowledging that you have read, understand and accept the 8totrade Trading Terms. The 8totrade Trading Terms are available in the English language only. If you do not agree to the 8totrade Trading Terms, We will not license the Services to you, you must stop using the Services, and you must uninstall the 8totrade Trading Software from your devices by following the method appropriate to your particular device. You have the right to withdraw from any transaction or subscription as described in section 12. Section 19 of the 8totrade Trading Terms includes a limitation on our liability to you.
3. INFORMATION ABOUT US
We are 8topuz, a company registered in Cyprus.
4. OPERATION SYSTEM REQUIREMENTS
To use the Services your device must meet a high-level operating system and data availability requirements. You should ensure your device meets these requirements before attempting to download, stream or use the Services.
5. YOUR DEVICES
You must ensure you have all necessary rights to access the Services from, and/or download, or use the 8totrade Trading Software to, the device(s) you use for these acts (“Device”). Charges may be applied by service providers for internet access on such Devices. You accept full responsibility for the use of the Services on or in relation to any Device, whether or not it is owned by you.
6. YOUR PROMISES TO US
You promise Us that you are at least 13 years old. If you are 13 or older, but under the age of 18, you should review the 8totrade Trading Terms with your parent or guardian to make sure that you and your parent or guardian have understood them to your satisfaction. You agree not to allow anyone under 13 years old to access or use our Services from your Device.
You also promise Us that any information and details provided by you to Us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time from the ‘Edit Profile’ screen in the “Profile” section of the App or Website.
7. CHARGES AND PAYMENTS
You may download the App or access the Website free of charge. You may play the interactive games free of charge but you acknowledge that certain additional in-game functionality, market data, commentaries, analytical calculators, report cards, content cards and research reports (“8totrade Trading Premium Content”) may only be accessible by you in exchange for payment and which may require you to register details about you.
You acknowledge that by accepting to purchase 8totrade Trading Subscription services, and any additional premium Content, you expressly consent to the supply of such 8totrade Trading Subscription services and Content immediately and that by consenting to such supply, you acknowledge that you lose your right to cancel such transaction within the 14 day cooling off period provided by law.
10. PERSONAL INFORMATION
Protecting your privacy is very important to Us. We like to keep in touch with you and we will send you information or advice about features and services that We provide. By using the App you agree that We can approach you in this way. We also understand that lots of emails can be annoying so We try to keep ours to a minimum. Nevertheless, if you feel you are getting too many you can always change your communication settings in the app, including selecting the unsubscribe link that exists in every communication we send. You can also change your email address through your Profile settings in the App whenever you want to.
11. YOUR RIGHTS TO USE THE SERVICES
In exchange for you complying with the 8totrade Trading Terms, We grant you, at our sole discretion, a revocable, non-transferable and non-exclusive licence to:
access and use the App and/or Website; and download or stream a copy of the 8totrade Trading Software and any Content onto your Device and to view, use and display the 8totrade Trading Software and any Content on your Device(s).
You acknowledge that your use of the Services grants you no rights in or to the Services or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to use the Services in accordance with the 8totrade Trading Terms. We do not sell the App, the Website, or 8totrade Trading Software to you.
You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any messages or information you post, send or share using the App, the Website or the 8totrade Trading Software may be read or intercepted by others.
We may include links in our Services to third party applications, news services, including RSS feeds, or other services. We are not responsible for their privacy practices or the way they handle any personal information they may collect about you. You should ensure you read their privacy policies carefully before using these Services.
12. RESTRICTIONS ON YOUR USE OF THE SERVICES
- not to copy the Services (or any part of any of them) except where such copying is incidental to your use of the Services in accordance with the 8totrade Trading Terms;
- not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of any of them to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that such actions in respect of the 8totrade Trading Software cannot be prohibited because they are essential for the purpose of achieving inter-operability of the 8totrade Trading Software with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the 8totrade Trading Software
- is not unnecessarily disclosed or communicated without our prior written consent
- is not used to create any software that is substantially similar to the 8totrade Trading Software;
- not to create alternative servers for use with our Services. You must not use our Services in conjunction with any servers other than the servers We provide;
- not to reverse engineer any data provided to you as part of the Services;
- not to rely on the accuracy of any data provided to you as part of the Services;
- not to use or create software which automatically interacts with our Services, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
- not to do anything which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from using any part of our Services;
- not to intercept or modify the communications between our Services and our servers;
- not to deliberately exploit any bugs you find in our Services;
- not to use our Services for any illegal or unlawful purpose; and
- not to provide or otherwise make available the Services (or any data made available to you in the provision of the Services) in whole or in part (including any object and source code), in any form to any person without prior written consent from Us.
13. ENDING YOUR USE OF OUR SERVICES
You can simply choose to stop using the Services and remove the 8totrade Trading Software from your Device(s) at any time. In addition, you may log out from the “Settings” screen of the App.
You acknowledge that your use of the Services is subject to our discretion and We may, at our sole discretion, withdraw your rights to use the Service. If our withdrawal of your rights to use the Services effects the cancellation of any subscription prior to the end of a month in respect of which you have already made a subscription payment, then you will be refunded a pro rata amount of such subscription payment corresponding to the period for which you have not received benefit of the subscription.
You may need to create an account with Us to access or use the 8totrade Trading Software or certain features of the App or our Website. Your account is personal to you and may not be transferred to or shared with others.
You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. You should also install anti-virus and firewall software on your Device and install security updates on your Device in a timely fashion. We will not be responsible for any losses suffered by you in circumstances where your account is used by someone else.
15. ACCEPTABLE USE OF THE SERVICES
You acknowledge that the Services may enable you to communicate with other users of our services and post commentaries and briefings (as an approved “Super User”), messages, investment ideas, personal information, images, text and other material (“User Content”) which can be seen by others, for example, in the 8totrade Trading social feed, private chat, public chat and ‘Topic’ or other forums.
You agree that in using the App, Website and the 8totrade Trading Software, you agree:
- not to post or otherwise make available any User Content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise) or which infringes any third party’s rights;
- not to spread rumours in relation to any investments, markets or any other financial information;
- not to create false impressions in relation to any investments, markets or any other financial information;
- not to manipulate the financial markets in any way in your use of the Services;
- not to discriminate against other users of the Services;
- not to provide investment advice or hold yourself out as providing investment advice;
- not to create spam messages;
- not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the Services, or otherwise interfere with or disrupt our systems;
- not to do anything to bring Us or the Services into disrepute;
- not to solicit or attempt to solicit personal information from any other user;
- not to impersonate any other person; and
- not use our messaging facilities to lie to or deceive other users (i.e. you must not ‘scam’ other users) or to advertise or promote third party or your own products and services.
By posting or making available any User Content via our Services, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of our Services will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in this section 18.
You acknowledge that We do not monitor or moderate User Content made available by users of the App, our Website or 8totrade Trading Software. If We become aware of any User Content which We reasonably consider does not comply with the 8totrade Trading Terms, We may remove it. Please note that any of the User Content posted via the functionality available on the App or Website is the opinion of the person posting or sending only and such postings do not constitute any form of recommendation, representation, endorsement or arrangement by Us. Although We have rules for the posting and uploading of User Content, our interactive features may be misused and sometimes User Content can still be posted that is misleading or deceptive. You should not therefore rely on any User Content being accurate or complete. You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.
If any User Content makes you feel threatened, or abused, or if you believe any User Content is offensive or otherwise breaches the 8totrade Trading Terms, please contact Us.
If you post or submit User Content, unless We indicate otherwise, you grant: (a) Us and our group companies a nonexclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world, whether on a commercial or non-commercial basis, in any media; and (b) Us, our sub licensees and transferees the right to use the name that you submit in connection with such User Content, if We or our group companies should choose to do so.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. To the extent permitted by law, you agree to waive your right to be identified as the author of such User Content and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, at our request and cost.
The information available through the provision of our Services (the “Information”) is provided to you for your personal information and entertainment purposes only. It is not intended as an offer, solicitation, invitation or inducement for the purchase, sale or holding of any financial instrument in any jurisdiction. The provision of our Services may contain information and opinion on investments that does not constitute independent investment research, nor non-independent research, and is therefore not subject to the regulatory protections afforded to research.
The Information does not constitute any form of advice or recommendation by Us and is not intended to be relied upon by You in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any investment decision.
The Information may comprise views, opinions and recommendations of individuals from the general public who may have little or no training, education, experience or any other specialised knowledge of the markets, investing or other financial matters. Further, investment markets can change rapidly so that Information may be out-of-date. The views expressed should not be taken as statements of fact nor should reliance be placed on them when making investment decisions. We do not endorse any opinions or recommendations made in the course of the provision of Services to you, and We do not represent or guarantee that any of the information available is accurate, reliable, current, complete or appropriate for your needs.
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in financial instruments involves a risk of substantial losses. In connection with any such transaction, you should note that:
- financial transactions are risky;
- the price of financial instruments, and the income derived from them, can go down as well as up, and investors may not get back the amount they invested; and
- past performance is not necessarily a guide to future performance.
In connection with your use of the Services and any User Content made available by you, you agree to comply with all applicable local, state, national or international law and regulation, including, but not limited to, the market abuse regime of the Financial Conduct Authority. In particular, you agree to not use the App or the Website to:
- upload, post, email, transmit or otherwise make available any information which:
- is inaccurate or misleading, or any information which would have the effect of distorting the market; or
- which 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); or
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
17. CONTENT AND THIRD PARTY LINKS
You acknowledge that We are not responsible for the accuracy of the Content (including any Content for which you have paid or are obliged to pay for access in accordance with section 7). No representation or warranty, express or implied, is made to the accuracy or completeness of Information. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on through the App or Website. Any arrangement made between you and any third party named on the App or Website is at your sole risk and responsibility.
You further acknowledge that:
- You are aware that there may be a conflict of interest between our use of Content and Us making available the Content to you in the course of providing you with the Services; and
- You are not relying on the Content for the purpose of making any investment decisions.
The Services may contain links to third party websites or Services that are not operated or controlled by Us, including, without limitation, Third Party Content. You acknowledge and agree that We are not responsible for and do not endorse their content or its accuracy. For the avoidance of doubt, this also includes use of the App’s RSS news reader capability whereby you may select to view additional third party content to personalise your newsfeed
You acknowledge that where Content is provided to you by a third party, such third party endeavours to ensure the accuracy and reliability of the information provided but does not guarantee its suitability, availability, service level, timelines, accuracy or reliability and accepts no liability (whether in tort or contract or otherwise), subject to its own terms and conditions (where applicable), for any loss or damage arising from any interruption, defect, error, delay, inaccuracies or omissions in such information.
Please see section 9 above in respect of the application of additional third party terms and conditions when purchasing Third Party Subscription Content.
In addition, brand and company logos used by 8totrade Trading are owned by the respective companies. The use of a company’s brand logo does not represent an endorsement of 8totrade Trading by the company, nor that of the company by 8totrade Trading, nor does it imply the existence of any contractual relationship.
18. YOUR LEGAL RIGHTS AND THE LIMITS ON OUR LIABILITY TO YOU
We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into the 8totrade Trading Terms; (iv) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information; or (v) failure to provide the Services or to meet any of our obligations under the 8totrade Trading Terms where such failure is due to events beyond our control (for example a network failure).
You have certain rights under the law. These include that We will provide the Services with reasonable care and skill. Nothing in the 8totrade Trading Terms (including in this section 19) is intended to or will affect your statutory rights. Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.
19. AVAILABILITY OF SERVICES
Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the App, our Website or our 8totrade Trading Software will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Services may occur due to events beyond our reasonable control.
We want to continually improve our Services and so We reserve the right to alter the App, our Website and 8totrade Trading Software at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will always try to make changes in a way which We feel benefits our users. For example We may make changes to correct a mistake, or to replace an unpopular feature with one We feel more users will appreciate, or to make the system requirements better match the hardware of the majority of its users. We will try to give you notice of any material changes to the Services. If We change the Services to your detriment, you can terminate your agreement with Us (including any subscription you may have) at any time by logging out of your account, deleting the App from your device, notifying us by email using [email protected]. Please see section 16 for more details on ending your use of the Services.
20. CHANGES TO THE PILOT TRADING TERMS
You agree that We may update or amend the 8totrade Trading Terms to reflect updates to our Services and/or as a result of legal or regulatory changes. We will give you reasonable notice of any changes to the 8totrade Trading Terms, and your continued use of the App, the Website or 8totrade Trading Software will signify your agreement to those changes.
21. RIGHTS OF THIRD PARTIES
The 8totrade Trading Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedules 1 and 2.
You acknowledge that We may transfer our rights under the 8totrade Trading Terms (and any related claims) to any third party without having to obtain your prior consent.
23. NO WAIVER OF LEGAL RIGHTS
If you breach the 8totrade Trading Terms and We take no action against you, We will still be entitled to use our rights and remedies in any other situation where you breach the 8totrade Trading Terms.
24. ENTIRE AGREEMENT
The 8totrade Trading Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to our Services. You represent that you have not accepted the 8totrade Trading Terms in reliance on any oral or written representations made by us that are not contained in the 8totrade Trading Terms.
You acknowledge that your right to access and use the Services is also subject to:
- applicable law;
- any rules or policies applied by the relevant appstore from which you access the App (as specified in Schedule 1);
- any additional terms and conditions of any third party which are applicable in respect of the purchase of Third Party Subscription Content which are brought to your attention prior to such purchase;
- the terms of your employment contract, where applicable; or
- any rules or policies applied by any investment exchange, where applicable.
- any rules or policies applied by any other content or news provider, where applicable
If any part of the 8totrade Trading Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These conditions are governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means that you may bring a claim to enforce your consumer protection country in which you live.
27. CONTACT DETAILS
- When accessing the App through the iTunes Appstore or Mac Store You acknowledge that the 8totrade Trading Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out here(the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these 8totrade Trading Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
Scope of License: Your license to use the Services is limited to use of the Services on an Apple device that you own or control and as permitted in accordance with iTunes Usage
Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is
Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of
Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the 8totrade Trading Terms, and that, upon your acceptance of the 8totrade Trading Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the 8totrade Trading Terms against you as a third party beneficiary thereof.
- When accessing the App through the GooglePlay Marketplace You acknowledge that your use of the App is subject to the Google Play terms of service, as set out here(the “Google Play Marketplace Terms”) and in the event of a conflict between these 8totrade Trading Terms and the Google Play Marketplace Terms, the 8totrade Trading Terms shall take precedence.
- When accessing the App through any other App Store, you acknowledge that your use of the App may be subject to the terms of service of the relevant appstore through which you access the App.
TRADING SERVICE. 8totrade Trading provides functionality, the Trading Service, that facilitates the communication of messages containing order information through to brokers. 8totrade Trading is not a broker-dealer, brokerage or brokerage service. Instead 8totrade Trading enables you to connect to a broker with whom you are required to be directly registered. 8totrade Trading is not responsible for any actions you take with regard to your broker. All order messages sent using the Trading Service are self-directed by you to your broker-dealer. All orders are executed by brokerage firms where you have an existing account, or create a new account. 8totrade Trading is not responsible for the order routing or execution of any transaction, or for any associated fees that may be charged by your broker. Any confirmations of such transactions will be issued solely by your broker dealer. You are solely responsible for any and all orders placed by you and all fees associated herewith. You also understand that all orders are unsolicited and based on your own investment decisions. 8totrade Trading, any third party order management service, broker and any of its employees, agents, principals or representatives do not provide recommendations of any security, transaction or order, provide investment advice, produce or provide research to any user regarding any security, transaction or order.
- You agree that your use of the Trading Service (including without limitation, your provision of login credentials to your brokerage account, and your use of the Trading Service to transmit orders to your brokerage account) will at all times be in strict compliance with any agreements between you and your brokerage firm.
- You agree you will only use the Trading Service for your own personal use and not on behalf of or for the benefit of a third party, and only in a manner that complies with the laws that apply to you. If your use of the Trading Service is prohibited by applicable laws, then you are not authorised to use the Trading Service for trading purposes. Neither 8totrade Trading nor broker is responsible for your using the Trading Service in a way that breaks the law within your jurisdiction.
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