Alphaex Capital Limited Terms & Conditions
Alphaex Capital Limited is registered in England & Wales, company number 11420059. Registered Office: 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Copyright © 2018-2019.
This document sets out the Terms & Conditions under which Alphaex Capital Limited (“ACL”) authorises you, the user (referred to in these Terms and Conditions as “you”, the word “your” being construed accordingly), to use the Alphaex Capital’s Trading Strategies Service (“the Service”).
Please read this document carefully. The Service is web-based and by clicking the “I Accept” button and using the Service you are agreeing to observe these Terms and Conditions. If you do not accept these Terms and Conditions you should not click the “I Accept” button or attempt to use the Service.
ALPHAEX CAPITAL’S SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
1.1 This is your agreement with ACL in relation to your usage to the Service which is an online web-based education & market commentary service. It is your responsibility to satisfy yourself that the Service will meet your particular requirements.
1.2 As part of the Service you give consent to receiving notifications in the form of an E-mail, In-App Notifications, or Third-Party Notifications. Push notifications are part of the Service to ensure you receive the latest updates published. You will only receive notifications, market updates and important account changes. You will not receive any promotional marketing e-mails unless you have opted in. You will be able to opt-out or change your information at any time.
1.3 Your usage to the Service will comprise of the right for you to view the educational products and reports provided as part of or generated by the Service for your own personal or non-commercial use only.
1.4 Copyright and Database rights protect the structure, the data and in particular the analysis generated by the Service. All such rights are reserved to ACL.
1.5 Due to its policy of updating and improving the Service ACL may wish to introduce additional subscription-based services and/or change the terms of this Agreement. When any terms are changed ACL will notify you by post and/or e-mail such notice being effective 3 days after posting or being e-mailed as the case may be. If you use the Service after that time, you are agreeing now to be bound by those changes. If you do not wish to accept those changes, you should notify ACL and the changes will not be effective unless and until your subscription is renewed.
2. Cost Of Service
2.1 The Forex Trading Course is completely free and funded by the use of Google AdSense & Third-Party advertisements that have been tailored to our website.
2.1.1 In addition to Google AdSense & Third-Party Advertisements, we may receive referrals from brokers when you open an account with them if you visit their website via our links provided. This will be at no cost to you, we simply receive a fee for referring you (the client) to them (the broker).
2.2 The service offers fee-based on-demand access and downloadable products for all visitors.
2.2.1 We provide a Monthly subscription which grants access to our Premium services.
2.2.2 We are also funded via advertisements and endorsements from our selected partners. Google provide adverts on our website that are related to our industry and or / adverts related to your recent websites. We are paid by Google and our partners through website views / and or advert engagement. You are not required to click on the adverts to use our service.
2.2.3 The Fee-based subscription service is funded by monthly instalments or annually in sterling.
2.2.4 Anyone who has been sent to our website via a Third-Party and has purchased a subscription through a Third Party should immediately contact firstname.lastname@example.org.
3. Permitted Uses
3.1 You are permitted to use your social information and thereby allow the Service to be used only on the number of computers for which a license has been purchased. The permitted use of the Service is to view any analysis, information and reports which are provided as part of the Service for your internal business use only
3.2 There are limits on your rights to use the Service and accordingly you are not permitted to do any of the following without ACL’s prior written agreement:
3.2.1 loan, copy or lease your login information and/or password for the Service or any part of the Service or the user instructions for the Service to third parties
3.2.2 use the Service as a subcontractor for any third party or otherwise use the Service other than in relation to your own business use
3.2.3 publish or otherwise provide copies to any third party of any analysis, information and reports which are provided as part of the Service
3.2.4 erase, move or deface any trademark, copyright or database right notice appearing within any image or document produced within or as part of the Service
3.2.5 use the Service on more than the number of computers for which a licence has been purchased
3.3 ACL reserves the right to inspect your premises on reasonable notice during normal business hours to ensure that you are complying with this Agreement
4. Fees, Payment Terms & Refunds
4.1 Free services offered are funded by Advertisements provided by Google and endorsements provided by Third-Party partners.
4.2 Premium Subscription fees are payable in advance on the actual day of the month after the subscription commences.
4.2.2 All fees will be shown in your local currency but will be paid in sterling.
4.3 We do not offer any refunds after the 14-Day Trial Period on our products due to the nature of the products and the ability to arbitrage the content with the price.
5. Length of Subscription or Trial Period
5.1 Each subscription will be for a minimum one (1) month period (the “Subscription Period”) and will be subject to termination by either party with immediate notice either by the user cancelling the subscription on the “My Account” dashboard or by an email to Alphaex Capital Limited.
5.2 Any abuse of our System will result in immediate termination.
5.3 A Trial Period is offered on all new customers.
5.4 The Trial Period is for 14 Days starting from the day of the Account Opening.
5.5 Upon continuing the service after the 14 Day Trial Period, you will be automatically charged £49.97 for to continue your subscription for the next 30 days.
6.1 Your rights to use the Service will terminate immediately in any of the following events:
6.1.1 if either you or ACL give notice pursuant to 2.1 or
6.1.2 if you are in breach of this Agreement (including failure to make any payment required under this Agreement) and fail to rectify that breach within 7 days of ACL giving written notice to you or
6.1.3 if you enter into bankruptcy or (in the case of a company) any form of liquidation or have a receiver, manager or administrative receiver appointed over your undertaking or assets or (in the case of an individual) you are made bankrupt or have a bankruptcy petition made against you which is not dismissed within 28 days of presentation.
6.2 If your subscription is terminated pursuant to clause 5.1 then ACL, at its sole discretion, will determine if you are entitled to a refund, and such refund shall be calculated on a pro rata basis, for any subscription paid for the period after the date of effective termination. If your subscription is terminated for any reason under 5.1.2 or 5.1.3 you will not be entitled to any refund for the unexpired term of any Subscription Period and shall be liable to ACL for the balance of any charges payable for the remainder of the Subscription Period.
6.3 Upon termination or expiry of this Agreement for any reason you agree to make no further use of the Service and you acknowledge that further access to the Service may be prevented by ACL.
7. Notice to Client
7.1 It is the client’s responsibility to promptly inform ACL of the following: changes in the expiration date of any credit card used in connection with this site; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until ACL is notified, by conventional mail or e-mail of a breach in security, you will remain liable for any unauthorised use of this site.
8. Recurring Payments
8.1 Payment for your subscription to ACL may be made by automatic electronic debit either monthly, quarterly or annually. If you have elected to pay in this manner you hereby authorize Stripe or PayPal to transact such payments on your behalf every month, according to the then-current billing terms, until a notice of cancellation is received by ACL. You are liable for any subscription charges incurred by you up to and until termination of the subscription.
9. Warranties, Limitations and Liability
9.1 ACL warrants that it is the owner of all copyright in the Service and in particular in all reports and/or analysis comprising part of the Service.
9.2 Any links from ACL’s website to other internet sites are provided for convenience only and ACL accepts no responsibility for the content, availability or usability of any such site.
9.3 ACL will use reasonable skill and care in making the Service available to you. However, by its nature market analysis represents the personal view of the author and no warranty can be, or is, offered as to the accuracy of any such analysis, or that predictions provided in any such analysis will prove to be correct. Should you rely on any analysis, information or report provided as part of the Service it does so entirely at its own risk, and ACL accepts no responsibility or liability for any loss or damage you may suffer as a result.
9.4 Given the nature of the internet and the possibility of electronic malfunction, disruption or interruption to the delivery of the Service over the internet ACL cannot guarantee or warrant the reliability of the Service. Furthermore, ACL does not give any warranty as to the completeness, performance or fitness for a particular purpose of the Service.
9.5 The Service can only be accessed if you retain the minimum requirements for hardware configuration as specified by ACL from time to time and it is your responsibility that you maintain hardware meeting those minimum requirements at all times. The Service is supplied to you on an “as is” basis and has not been designed to your individual business requirements.
9.6 By entering into this Agreement, you will accept sole responsibility for, and ACL shall not be liable for:
9.6.1 your use of all or any part of the Service
9.6.2 maintaining the confidentiality of your login details and password to access the Service and for all activity on your account.
9.6.3 ensuring your use of the Service does not breach any applicable local, national or international laws or other regulations.
9.7 You hold ACL harmless and fully indemnified against any claims (including legal and other costs, damages, losses and liabilities) made by any third parties against you and/or ACL arising from such use of the Service or any component of the Service.
9.8 In no event will ACL be liable to you for any loss or damage of any kind (except personal injury or death resulting from ACL’s negligence) including lost profits or other consequential loss arising from:
9.8.1 any delay in accessing and/or inability to access the Service whether due to a Force Majeure (as defined in 10 below), electronic malfunction or any unreliability in the Service, nor for any failure or disruption of, interruption to or other unavailability of access to the Service
9.8.2 your use of or inability to use the Service or for errors or deficiencies in it, or for any damage to or corruption of your data whether caused by negligence or otherwise except as expressly provided in this Agreement
9.9 The express terms of this Agreement are in lieu of all warranties and obligations implied by statute, common law or otherwise all of which are hereby excluded to the fullest extent permitted by law. Whilst it is ACL’s policy to carry out virus checks, in particular, ACL does not warrant that the Service or ACL’s website is free from infection by viruses or anything else that has contaminating or destructive properties.
10. Data Protection and Disclosure of Information
10.1 For the purpose of data protection legislation, as amended from time to time, you agree that our associates and the Firm may process personal data relating to you (using computer systems or otherwise) in carrying out our duties under these Terms.
10.2 You agree that ACL, and our associates, may hold all the information you provide on a computer for administration and marketing purposes. We will also disclose your personal information to Alphaex Capital Limited, for the purposes of providing our services to you.
10.3 If you do not wish your information to be used for marketing purposes, please inform us accordingly. We may use, store or otherwise process personal information provided by you to us in connection with the provision of the services for the purposes of providing the services, administering your account or for purposes ancillary thereto.
10.4 The information we hold about you is confidential and will not be used for any purpose except as stated in these Terms. Information of a confidential nature will be treated as such provided that such information is not already in the public domain. Information of a confidential nature may be used in the following circumstances:
i. where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over us (or any associate);
ii. to investigate or prevent fraud or other illegal activity;
iii. to any third party in connection with the provision of services to you by us;
iv. for purposes ancillary to the provision of services or the administration of your account;
v. if it is in the public interest to disclose such information; or
vi. at your request or with your consent.
10.5 In accordance with the Record Retention Statement below, you will not be at liberty to request the destruction or deletion of any record pertaining to yourself unless we are required to do so by force of law or other regulatory requirement.6
10.6 Under the Data Protection Act 1998 (the Act) and in order to facilitate our communications with you and our running of your affairs, you consent to our recording relevant personal information on our Firm’s computer system and when necessary disclosing such information to third parties in carrying out your instructions.
10.7 We will supply to you at your request, on payment of a fee, a copy of the data relating to you and will provide you with a description of the data and the purposes for which it is processed, and with details of the source of the data and any potential recipients of the data. In the first instance, you should direct any such request to us. You should let us know if you think any information we hold about you is inaccurate, so that we may correct it. We may contact you about our products and services which we believe may interest you, unless you inform us otherwise in writing.
10.8 You agree we may record all telephone calls without your specific consent. These recordings shall remain our sole property and you agree that they will be conclusive in the case of any dispute that may occur.
10.9 In accordance with the legal and regulatory requirements, we will retain your records, for a minimum period of six years following the termination of any relationship between us. This period may be extended by force of law, regulatory requirement or agreement amongst us.
11. Force Majeure
11.1 In the event of Force Majeure, ACL will use reasonable endeavours to overcome such delays.
11.2 If the Force Majeure circumstance continues for a consecutive period of 2 weeks or more, either ACL or you may give notice to the other to forthwith terminate this Agreement forthwith.
11.3 ACL will not be considered in default or liable under this Agreement if it fails to perform any of its duties as a result of any act of God, act of government or state, civil commotion, embargo, epidemic, fire, flood, insurrection, war, disablement or interruption to the telecommunications network or any other reason beyond ACL’s control (“Force Majeure”).
12.1 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
12.2 This Agreement forms the entire agreement between the parties relating to its subject matter. Any variation of this Agreement (except for any variations arising out of clause 1.4) shall be binding only if it is recorded in a document signed by or on behalf of all the parties.
12.3 Failure or delay by either party to exercise any right or remedy under this Agreement does not constitute a waiver or bar to exercise of that right or remedy.
12.4 You may not assign, sublicense or otherwise transfer your rights or obligations under this Agreement.
12.5 ACL reserves the right to use any information gathered through the provision of the Service to you and others for statistical, marketing or development purposes. ACL undertakes to keep confidential the source of any information.
12.6 This Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
13. Securities Disclaimer
Alphaex Capital Limited is a publisher. The Site, the Site Content and the information therein does not include, nor shall it be construed as including, advice, guidance or recommendations to take, or not to take, any actions or decisions in relation to any matter, including in relation to investments or the purchase or sale of any securities, shares or other assets of any kind. To the extent information obtained through the Site or the Site Content may be deemed to be investment advice, such information is impersonal and not adapted to any particular client, investor or investment program. You acknowledge that information obtained through the Site or the Site Content is not tailored for you or any specific person and should never be used as a substitute for financial or other professional advice. You should not treat any opinions or views expressed on the Site or in the Site Content as a recommendation to make any particular investment. Should you take any such action or decision based on information in the Site or the Site Content, you do so entirely at your own risk. Alphaex Capital Limited, its affiliates and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site or the Site Content, and shall not be responsible or liable for any trading or investment decisions made based on such information. The views, thoughts, and opinions expressed by the individuals featured on the Site or in the Site Content are their own and do not reflect the views or opinions of Alphaex Capital Limited.
Past performance is not indicative of future results. Investments and strategies described on the Site and Site Content are speculative and involve significant risk. There is no guarantee that any strategy, investment or investment model discussed will be successful and actual results may differ substantially from any projections. Every investment has the potential for loss as well as profit.
The information contained within the Site Content is from sources which Alphaex Capital Limited believes to be accurate, including third party contributors. Alphaex Capital Limited does not independently verify information provided by third-party contributors and makes no warranty as to the completeness or accuracy of information obtained from such third parties, nor can it accept responsibility for errors of such third parties appearing on the Site or in the Site Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
Employees of Alphaex Capital Limited and contributors to the Site may hold or trade-in positions in securities or commodities mentioned on the Site for their own account.
Certain parts of the Site Content constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Any projections, market outlooks or estimates on the Site are forward-looking statements and are based upon certain assumptions. Due to various risks and uncertainties, actual market events, opportunities or results or strategies may differ materially from those reflected in or contemplated by such forward-looking statements and any such projections, outlooks or assumptions should not be construed to be indicative of the actual events which will occur.