1. Acceptance of terms of use and amendments

This agreement applies as between you, the User of this Website and/or App and TopTradr Limited, the owner of this Website/App. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website/App. These terms of use, will be amended from time to time with or without notice to you (“Terms of Use”). In addition, if you are using a particular service on this Website and/or App or accessed via this website you will be subject to any rules or guidelines applicable to those services. If you do not agree to be bound by these terms and conditions, you should stop using the Website and/or App immediately.

 

 

2. Age

You must be 18 years old to enter or use this Website and/or App. By using this Website and/or App you have represented and confirmed to us that you are at least 18 years old.

 

 

3. The services

This website/app and the content provided to you on and via this website/app are provided on an "AS IS" basis. You agree that the we reserve the right to modify or discontinue provision of this website/app and its services, and to remove the information you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. You are responsible for your use of content provided to you via and on the website/app, for any Content you post, and for any consequences thereof. The Content you submit, post, or display will be viewable and is likely to be accessed through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

 

4. Your responsibilities and registration obligations

In order to use this website/app or certain parts of it, you may be required to register for a user account on this website/app; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments made by us that are published herein.

 

5. Privacy policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of our Privacy Policy.

 

6. Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use of your user account, user name or password.

 

7. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this website/app may expose you to content that may be objectionable or offensive. We will not be responsible to you in any way for content displayed on this website/app, nor for any error or omission. By using this website/app or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent; (e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

 

8. Submission of content on this website/app

By providing any content to this website/app: (a) you agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section 7; (c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor's entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

 

9. Intellectual Property

Subject to the exceptions in Clause 12 of these Terms and Conditions, all Content included on the Website/App, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Toptradr, our affiliates or other relevant third parties. By continuing to use the Website/App you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. Subject to Clause 12 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website/App other than as indicated on the Website - or unless given express written permission to do so by TopTradr and their Authorized Representative FXCM.

 

10. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 12 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express

 

11. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

 

12. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

13. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

 

14. Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TopTradr or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

15. Use of Communication Facilities

When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

You must not use obscene or vulgar language;

You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

You must not submit Content that is intended to promote or incite violence;

It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

The means by which you identify yourself must not violate these terms of use or any applicable laws;

You must not impersonate other people, particularly employees and representatives of TopTradr or our affiliates; and You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that TopTradr reserves the right to monitor any and all communications made to us or using our System.

You acknowledge that TopTradr may retain copies of any and all communications made to us or using our System.

You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

Any information you submit is accurate and truthful; and You will keep this information accurate and up-to-date.

 

16. DISCLAIMER OF WARRANTIES

TopTradr makes no warranty or representation that the Website/App will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. No part of this Website/App is intended to constitute advice and the Content of this Website/App should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website/App is intended to constitute a contractual offer capable of acceptance. No services are sold through this Website/App and service details are provided for information purposes only

Whilst every effort has been made to ensure that all graphical representations or descriptions of services available from TopTradr correspond to the actual services, TopTradr is not responsible for any variations from these descriptions.

TopTradr does not represent or warrant that such services will be available from us or our Premises. For this reason, please contact us if you wish to enquire as to the availability of any services. Any such enquiry does not give rise to any express or implied warranty that the services forming the subject matter of your enquiry will be available. Whilst TopTradr uses reasonable endeavours to ensure that the Website/App is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

 

18. Reservation of rights

We reserve all of the our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this website, its content, and goods and services that may be provided. The use of our rights and property requires our prior written consent. By making services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website/app or provided services without our prior written consent.

 

19. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted via: e-mail to info@toptradr.com

 

20. Law and Jurisdiction

You agree that these Terms of Use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with English law, without regard to or application of its conflict of law provisions. By registering for a user account on this website, or by using this website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over us, and you therefore agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

21. Miscellaneous information

(i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site editor may assign the site editor's rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.