General Terms and Conditions of Service |
1. Introduction, Formation of ContractThe present Terms and Conditions of Service will take effect as soon as we have received and confirmed your acceptance of them as provided in the SUBSCRIPTION section of WaveTrack's website or alternatively, signing and returning this form. We attach the present Terms and Conditions for your information below. If you do not agree to any of the terms, then we advise you not to use our website and service. Please read the present Terms and Conditions carefully as they are the basis on which we will provide you our service and enter into binding agreements with you. By activating the tick-box at the end of the SUBSCRIPTION section of WaveTrack's website or alternatively, signing and returning this form, you make a binding offer to us to enter into an agreement with us for the purchase of our service. You understand that your offer will contain the present Terms and Conditions. Our service will be presented to you in the "SUBSCRIPTION" section. In the "SUBSCRIPTION" details section you may select our service among various alternatives by clicking the appropriate boxes and submit your offer to us by clicking the "Submit" button at the end of the SUBSCRIPTION section. Alternatively, please select the appropriate service in the attached Subscription Schedule together with the duration/term and return to us by post or fax. We are entitled to accept your offer by sending an e-mail confirming the offer within 7 days. Private individuals will be advised separately by electronic mail of their right to cancel their declaration of this offer. For your information we have inserted into the present Terms and Conditions the wording of that notice of the right to cancel under item 11. Please ensure that you have read and understood our DISCLAIMER which is available separately on our website under under the navigation DISCLAIMER. This DISCLAIMER is also listed for your convenience under item 10 hereinafter. 2. Our ServiceWe provide financial price forecasts, analytical services and/or related information to you, also including the application of Elliott Wave Analysis (the "Service"). The Service will be delivered to you electronically or by other electronic medium. 3. Provision of ServiceSubscriptions to our Service can be purchased by selecting those products or contracts listed in the SUBSCRIPTION details section. The terms for subscriptions may vary from one month (1 month), to one year (12 months). For multiple user accounts, please email us for a quotation using this address: services@wavetrack.com inserting into the 'Subject’ field the title Multiple Subs. By selecting the tick-box at the end of the SUBSCRIPTION section, it is deemed that you have read and agreed to the present Terms and Conditions. Please take note that we do NOT give you any investment or tax advice, nor do we advice you about the merits of a particular transaction. You must be aged 18 years or over to use our Service. 4. Use of Service, RestrictionsYou agree not to use the Service to copy, disseminate, display, redistribute, publish, broadcast, or sell any material received from us, or in any other manner, or infringe any copyrights or proprietary interests of us. You must not give your username & password to any other person, corporation or third party. This service is for the sole use of the subscriber. Violation is an offence and may result in legal action against you. Furthermore, you agree to indemnify us for any loss occasioned by violation of the Terms and Conditions by yourself, your employees, affiliates or any third person obtaining access to the Service from you. 5. Modifications to Service(a) We reserve the right to modify or discontinue at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice. In such event you may terminate the agreement with us for cause and ask for reimbursement in accordance with our reimbursement policy of any fees that - on a basis pro rata temporis - have not been used up. (b) If you decide to terminate our agreement, you may ask for reimbursement on the basis of our following reimbursement policy:
(c) We reserve the right to add, substitute, or delete information sources on which the Service is based without prior notice. 6. Payment of ServicePayment must be made by credit card for online purchases. Alternatively, payment can be made by wire/telex transfer – to request this arrangement, please contact us at services@wavetrack.com inserting into the 'Subject’ field the title 'Wire/telex transfer’. Banking details are also shown below as follows:
WaveTrack International GmbH Account Transfer Codes for Domestic Clients (within Germany)
EUR A/c.-No.: 220 218 200 Account Transfer Codes for International & European Clients
IBAN: DE18 7007 0010 0220 2182 00 7. Username and PasswordOnce funds have been received, we shall contact you via e-mail with your username and password log-in details. 8. WarningsThe services offered by us may not be suitable for all recipients. If you have any doubts as to the merits of an investment, you should seek advice from an independent finance advisor. By using our services you may alter your personal or corporate tax position. The levels and bases of taxation can change. Please consult your own tax adviser in order to understand any applicable fiscal consequences that might arise. 9. Your Responsibilities(a) You may not use of our services to undertake insider dealing or for any purpose which is unlawful. (b) You agree:
If you provide information that is untrue, inaccurate, not current or incomplete, we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. 10. Disclaimer(a) The information contained in this website (the "Site") has been issued by us. We offer financial information services only. This means that we do not advise our customers on the merits or the suitability of any transactions. In particular, we must stress that the information provided herein is not intended to be specific advice as to whether you should engage in a particular trading strategy or buy, sell, or hold any financial product. (b) We and our related publications apply R.N. Elliott's "The Wave Principle" to historical market price activity which categorizes and interprets the progress of future price patterns according to this methodology. Whilst it may be reasonable to deduce a course of action regarding investments as a result of such application, at no time or on any occasion will specific securities, futures, options or commodities of any kind be recommended for purchase or sale. Publications containing forecasts are therefore intended for information purposes only. Any opinion contained in these reports is only a statement of our views and is based on information we believe to be reliable, but no guarantee is given as to its accuracy or completeness. Markets are volatile and therefore subject to rapid and unexpected price changes. Any person, firm or company relying on information contained in these reports does so at her or his own risk. (c) We give no guarantee as to the completeness or accuracy of the information or of any opinions expressed in our reports. (d) We do not accept liability for any direct or consequential losses arising from any information on the Site, always provided that we, our legal representative or our auxiliary persons did not act willfully or with gross negligence. In cases of simple negligence we are liable only if we, our legal representatives or our auxiliary persons violate a fundamental obligation under the service agreement. (e) Please do not regard the information or any opinion expressed in this Site as an offer or as a solicitation for an offer by us or any of our affiliates to buy, sell or otherwise deal in any particular investment. The information on this Site is provided solely to enable investors to make their own investment decisions. The information provided does not constitute personal investment recommendations. WaveTrack International GmbH is registered with BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht) in Germany (according to section 86 German Securities Trading Act - WpHG) and provides investment recommendations and/or information recommending or suggesting an investment strategy in the meaning of the Market Abuse Regulation. You can find a list of independent producers and/or disseminators of investment recommendations within the meaning of the Market Abuse Regulation on BaFin’s website via the following link:
BaFin – ENGLISH - Investment and investment strategy recommendations 11. Information on your Right to Cancel the AgreementThe following right to cancel applies exclusively to private individuals: (a) Right to Cancel You can cancel your contractual declaration in text form (for instance by letter, fax or e-mail) within two weeks without having to state a reason. The delay begins at the earliest upon receipt of this notice. In order to observe the cancellation delay the timely dispatch of the cancellation is sufficient. The notice of cancellation shall be sent to:
WaveTrack International GmbH (b) Consequences of Cancellation In the event of a valid cancellation, the mutually received performances are to be returned as are any benefits of use (for instance interest). If you are unable to return to us the received performance in whole or in part or only in a deteriorated state, you shall compensate us to the same value. Any obligation to reimburse monies received must be fulfilled by you within 30 days after dispatch of your cancellation. An administration fee may be applicable in processing a valid cancellation. (c) Subscribers with "auto-renew" enabled in their settings that wish to cancel the next month’s subscription must send us written notification of intend to cancel at least 7 days before the beginning of the next months term. Please send this by letter or e-mail. For details - see section 11. (a). 12. Widerrufsbelehrung für Verbraucher {German translation of text 11./Deutsche Übersetzung}(a) Widerrufsrecht Sie können Ihre Vertragserklärung innerhalb von zwei Wochen ohne Angabe von Gründen in Textform (z.B. Brief, Fax, e-mail) widerrufen. Die Frist beginnt frühestens mit Erhalt dieser Belehrung. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs. Der Widerruf ist zu richten an: WaveTrack International GmbH Kanalstrasse 14 80538 München FAX +49 (0) 89 92 18 52 45 | e-mail: services@wavetrack.com Bitte tragen Sie im Betreffsfeld "Cancel Subs" ein. Danke. (b) Widerrufsfolgen Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren und gegebenenfalls gezogene Nutzungen (z.B. Zinsen) herauszugeben. Können Sie uns die empfangene Leistung ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurückgewähren, müssen Sie uns insoweit gegebenenfalls Wertersatz leisten. Verpflichtungen zur Erstattung von Zahlungen müssen Sie innerhalb von 30 Tagen nach Absendung Ihrer Widerrufserklärung erfüllen. (c) Abonnenten, die "automatische Verlängerung" ("auto-renew") in ihren Einstellungen ausgewählt haben und das Abonnement für den kommenden Monat beenden wollen, müssen uns mindestens 7 Tage vor Beginn der nächsten Monatsperiode über ihre Absicht unterrichten. Bitte teilen Sie uns dies per Brief oder e-mail mit. Für Details lesen Sie bitte unter Sektion 11 (a) nach. 13. Copyright and Trademark(a) Our information is protected by copyright and any information or services provided to you are for the sole use of you. You agree not to relay, publish or disclose to third parties or transfer to another information distribution network or publication system any part of the service unless otherwise agreed to in writing. (b) "WaveTrack" and "WaveSearch" are protected trade marks © All rights reserved. (c) You must not remove or alter WaveTrack International's trademark and copyright notices, or related visual marks and logos, from the information provided or from any authorized reproduction of such materials. WARNING! You must not copy or adapt the HTML pages that are contained within WaveTrack International's website as these are also protected under international treaties. The layouts, look and [feel] of the HTML pages are protected under these treaties. 14. Applicable Law, Place of JurisdictionWe take German law as a basis for our relations with the users of our Site before we accept them as our customers. Our Terms and Conditions, any statements on our Site as well as the contractual relationship with our customers are governed by German law. To the extent legally permissible, you agree with us that the courts of Munich, Germany shall have exclusive jurisdiction in case of a dispute that may arise between us. END | FIN | ENDE
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