Terms of Service

These terms and conditions (“Terms”) govern the access to and use of the website and offer of products and services belonging to Tradingstats or any successor company of its interest and/or assets (“Tradingstats”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the product and services (both defined below) made available to users (“You” or “User/s”) at http://tradingstats.com (“Website”).

Please read these Terms carefully. Use of the website indicates that you agree to be bound by these Terms (which include by reference our Privacy Policy.. Please also check these Terms from time to time as they may be updated and modified by Tradingstats. New features that may be added to the Website and Services shall be subject to the Terms. Terms which have been accepted through subscribing to the Services continue unaffected notwithstanding any change in brand, social denomination or ownership of the same. Continued use of the Website and/or Tradingstats’ services after any such modifications have been made, indicates your agreement to such update. Breach of any part of the Terms will result in suspension or termination of your account.

For any information about Tradingstats or its products and services, please contact us at contact@tradingstats.com .

Definitions

  • “Product” refers to the Tradingstats platform exclusively designed and owned by Tradingstats.
  • “Services” refers to the services provided by Tradingstats in relation to the Product, which facilitate the User’s access to trades analysis or other related services.
  • “User” refers to any corporate entity, business, organisation or independent user who intends to benefit from the access and use of the Services.
  • “Content” refers to the information, text, graphics, forum contributions or other materials, uploaded, downloaded or appearing on the Website relating to the Product or Services as well as any user generated or contributed content including e.g. information, tweets, blog posts, forum contributions, etc.
  • “Account” refers to the User account for the Service.
  • “Account setting” refers to the webpage where the registered User may set and control who views its own Content.

A. The Tradingstats Website

1. Purpose

The Website is intended to facilitate the access to and use of its Tradingstats Product. Through the Website, Tradingstats enables Users to make use of the Services and analyze trading information.

2. Website content

and its suppliers own all right, title and interest, including without limitation, all intellectual and industrial property rights in the Product and the Service including artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Tradingstats or its suppliers own. Access to and use of the Service does not imply any transfer of all or part of Tradingstats’ Intellectual and Industrial Property rights in the Product and/or Service, which are hereby expressly reserved and retained by Tradingstats.

Without limiting the generality of the foregoing, You agree not to (a) use the trade marks, service marks, trade or business names, logos, domain names, other distinctive brand features or any other copyrighted material or other proprietary rights owned by Tradingstats and which are associated with the Product and/or Service without the express written consent of Tradingstats; or (b) register, attempt to register any trade mark, service mark, trade or business name, logo, domain name, other distinctive brand feature or any other copyrighted material or proprietary right associated with the Service or with Tradingstats.

Certain content on the Website has been posted by Users: You are solely responsible for all such materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website. Users certify that they own all intellectual and industrial property rights in these materials. By accepting these Terms, You hereby grant Tradingstats, a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, publicly communicate and distribute any content publically posted by you for the purposes of (i) displaying it on our Sites, (iii) distributing it, either electronically or via other media (now known or later developed), to third party websites and other Users.

3. Third-party sites, products, and services

Our Sites contain links to information and other Internet sites owned and managed by third parties, with the aim of enabling access to information available on the internet. We make no representation whatsoever about any third party sites which you may access from our Sites. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes of content on them. The Website may also display third party advertisements and publicity which may be targeted to the Content or information on the Services, or to User queries made through the Services. Such advertisements are subject to change. Our inclusion on our Website of any third-party content or a link to a third-party site or third party advertisement is for informational purposes only and is not an endorsement of that content or third-party site or advertisement, that there is a commercial or any other relationship between Tradingstats and the owners of such third party sites or that Tradingstats accepts any responsibility in relation to such third party sites.

4. User content

This Website includes and provides certain interactive services (twitter, blogs, forums, emails, etc.), including without limitation the subscribed Services. User agrees to use the Website and Services in accordance with these Terms and applicable law. Without limiting the foregoing, you agree that you will not use the Website or our Services to take any of the following actions:

  1. Submit unlawful content according to the national, community or international law or content contrary to good faith; that violates other individuals’ fundamental or other rights (including intellectual and/or industrial property rights without authorisation).
  2. Submit any content that may prejudice the image, honour and reputation of the Sites, or generally any content whatsoever that we deem inappropriate.
  3. Abuse, harass, threaten, or otherwise violate the legal right of others.
  4. Publish, post, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful content.
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
  6. Interfere with or disrupt our Website and Services, servers, or networks.
  7. Impersonate any person or entity, including, but not limited to, a Tradingstats representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  8. Attempt to decompile or reverse engineer any software contained on Tradingstats web site.
  9. Engage in any illegal activities.

Although Tradingstats does not control or supervise any Content submitted to this Website or Services, except when required to by applicable law or competent court or administrative decision, Tradingstats reserves the right to eliminate at any time any Content that infringes or may infringe these conditions or prevent the reproduction or public communication of this Content until proof is provided of ownership of the material provided or the legality of the Content. In particular, and for precautionary purposes, Tradingstats may carry out the foregoing when any Content may seem to be illegal, infringe third party rights or not be sufficiently documented, without prejudice to Tradingstats right to retain and keep on file internally a copy of the Content in question while the legal situation is being verified and for the duration that is prescribed by law.

Tradingstats reserves the right to exclude any User from the Website and Services without prior warning should he/she perform any of the above-mentioned activities, and initiate the legal proceedings it deems appropriate. Tradingstats also retains the right to create any limits on use and storage at any time as it deems appropriate, without prior notice to You.

Any announcement, comment, opinion, declaration or recommendation, made within the Content shall exclusively be attributable to the person expressing such points of view. Any use or reliance on any Content or communications posted or obtained via the Service are at your own risk. In no circumstances shall such announcements, comments, opinions, declarations, recommendations, be attributable to Tradingstats, which will be held harmless from any claims that may arise in relation to those using these interactive services for the purposes prohibited in this contract or by law. In addition, Tradingstats shall not be liable in any way for any Content including errors or omissions in any Content, or any losses or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

5. Privacy policy

Any information that you provide to Tradingstats is subject to our privacy policy which is part of these terms and conditions governing the collection and use of your personal information. You may access our privacy policy at the following web section: Privacy Policy.

B. Subscriptions to Services

You may gain access to Tradingstats and be able to customise analyze trading data by subscribing to the Tradingstats Services through the Website by registering and creating an account according to the conditions on this page. On subscription, by clicking on the create account button you are stating that you agree to be bound by the terms of Account and these Terms (which include by reference our Privacy Policy

Trial, Subscriptions and Refund policy

1. Trial period

Every new Subscriber is automatically offered a free trial period, starting at registration. During that period, the Subscriber can evaluate the Service and its suitability, at no cost. This offer is limited to one (1) trial per Subscriber unless otherwise agreed. Free accounts are not required to provide a credit card number. We reserve the right in future to charge in advance for all susbcriptions. After the trial period, if the Subscriber does not upgrade to paying plan, the subscription will expire and the account close.

2. Upgrading to paying plans

On termination of the free trial, the Subscriber will have the opportunity to continue using the Service at the costs advertised on the Site. An upgrade at any time from the free trial subscription to any paying plan will end your free trial.

3. Paying accounts/prices

Fees, rate limits and effective dates for these Services are negotiated separately from the Terms and Conditions of Service. In the event of graded Service plans, when applicable, if you exceed the limit threshold for your plan in any given calendar month, you will have access to the higher plan and you will be charged an additional fee for that calendar month. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including VAT and/or equivalent sales tax. Prices of any Service may change upon thirty (30) days notice to you. Such notice may be provided by contacting you using the contact information you have provided to us. Any use of the service after 15 days’ of notification indicates acceptance of the new price.

4. Withdrawal

On contracting the paid-for services, non-business customers (consumers) have a right of withdrawal for the period of 10 days period starting on the day the User’s Account becomes a paid-for account and have received these terms. The right of withdrawal does not apply to business customers. Withdrawal must be made by notifying us by email to contact@tradingstats.com. accompanying proof of identity (in line with the registered identity) and declaration that you are a consumer. Your account will be suspended and any monies paid will be refunded via the same payment means within the legally established period.

5. Payment and Billing

Payment is made by credit card and a valid credit card is required for all paying accounts. You will be billed for your first month immediately upon upgrading. The Services are billed in advance on a monthly basis and the periodic fee is non-refundable. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

6. Refunds

As it is deemed that the Subscriber has the opportunity to thoroughly evaluate the Service during the free trial period, subsequently purchased subscriptions are not refundable. There will be no refunds or credits for partial months of service remaining on termination. On upgrading/downgrading, we will charge the corresponding plan price pro rata the time of use. In order to treat everyone equally, no exceptions will be made.

7. Downgrades

Downgrading your Service may cause the loss of content, features, or capacity of your account. Tradingstats does not accept any liability for such loss.

8. Termination

Letting a subscription expire without renewing, at any time, is enough for a Subscriber to terminate his access to the Service. Termination is effective at the expiry of the last date of the current subscription. You may also terminate by providing 15 day’s written notice to us, by email to contact@tradingstats.com.

C. General Terms applicable to the Website, Product and Services

1. Disclaimers of Warranties

The Services are a work in progress, and Tradingstats reserves the right to modify, suspend, or discontinue the Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms.

Tradingstats may also make improvements and/or changes in the Website, Services or Product at any time. Except as established by mandatorily applicable law, your use of the Website, Services and Product, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Services.

Tradingstats makes no warranties regarding (i) your ability to use the Services, (ii) your satisfaction with the Services, (iii) that the Services will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Services, and (v) that bugs or errors in the Services will be corrected.

2. Limitation of Liability

To the extent permitted by law, in no case is Tradingstats, its affiliates nor its sponsors are responsible or liable for any direct or consequential loss, including without limitation, damages, loss of profits, loss of business goodwill or reputation, business interruption, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to access to or use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Your sole remedy for dissatisfaction with the Service is to cease using the Service.

In any event, should any liability be found, Tradingstats’s maximum liability will be limited to the amounts received by Tradingstats from you in the preceding 12 months.

Tradingstats makes no warranties regarding (i) your ability to use the Services, (ii) your satisfaction with the Services, (iii) that the Services will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Services, and (v) that bugs or errors in the Services will be corrected.

3. Indemnification

You agree to indemnify Tradingstats, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your violations of any of these Terms or of any applicable laws, rules or regulations in connection with your use of the Website, Product and/or Services.

4. Contact and notifications

By registering to use Tradingstats you are opting into receiving our email notifications related to the Product. Our staff may contact you for information and service notifications relevant to your account. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Website or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Tradingstats at the address set out below. If you do not wish to receive information from this Website you can expressly opt out by sending a notification to contact@tradingstats.com.

5. Applicable law and jurisdiction

Tradingstats and You as User, expressly accept that any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Website and Services, will be submitted to the jurisdiction of the Courts of the city of Liverpool, Australia.

These terms, our Privacy Policy (and our Registration terms applicable for subscription to our Service) are the entire and exclusive agreement between Tradingstats and You regarding the Services and supersede and replace and any prior agreement between Tradingstats and You regarding the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

6. Contact

Any questions regarding the Terms of Service should be addressed to contact@tradingstats.com.

The Service is operated and provided by Tradingstats , Suite 15 80-82 Bathurst St Liverpool NSW 2170, Australia.

Effective: November 2014