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THE HOUSE OF TRADING LTD TERMS & CONDITIONS

PLEASE READ CAREFULLY: UNLESS THE SUBSCRIBER HAS ANOTHER VALID WRITTEN AGREEMENT WITH THE HOUSE OF TRADING OR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR PRODUCTS PURCHASED OR OBTAINED FROM THE HOUSE OF TRADING, OR UNLESS OTHER, OR ADDITIONAL, THE HOUSE OF TRADING TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING THE HOUSE OF TRADING TERMS (THE “TERMS”) (TOGETHER WITH ANY ADDITIONAL TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL THE HOUSE OF TRADING SALES AND LICENSES OF THE HOUSE OF TRADING PRODUCTS AND SUPPORT.

 

 

THE HOUSE OF TRADING LIMITED BASIC TERMS

ACCEPTANCE OF TERMS

 

By using any The House of Trading Limited’s services, both free (and paid – the “Premium Services”), you agree to comply with these Terms and Conditions. If you do not agree to the Terms and Conditions contained herein you agree not to use the services, and we do not consent to provide you with access to the services. Subject to and in compliance with the terms and conditions set forth herein, The House of Trading Limited may provide its users with access to:

 

Free content including, but not limited to, blogs articles webinars, images, analysis, opinion, written and recorded content produced by the house of Trading and content commentators, videos, emails, podcasts, webinars, conference calls, user-generated content, free trials, and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”)

 

The Premium Services and the free services are collectively referred to herein as the “Services”. You also understand and agree that the Services may include certain communications from The House of Trading Limited, such as service announcements and administrative messages. In the event you would like to opt-out of these communications you may do so at any time, but understand that by doing so The House of Trading Limited may not continue to provide any of the aforementioned free services.

 

CHANGES TO THE TERMS AND CONDITIONS AND OUR SERVICES

We reserve the right at any time to Change the terms and conditions:

Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular commentators, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

 

Any changes we make to the Terms and Conditions will be effective immediately after we post the modified terms on the site. In the event that you have the Terms and Conditions cached on your browser, the Terms and Conditions that applies to you is the most recent version of the Terms and Conditions that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the Terms and Conditions may be modified with respect to such Premium Service. You should check  or request our Terms and Conditions frequently.

 

DEFINITIONS

Affiliate of a party means an entity controlling, controlled by, or under common control with, that party.

Deliverable means the tangible work product resulting from the performance of Support excluding Products and Custom Products.

Training means any educational content, seminar, class, related documentation, accessories, and updates.

The House of Trading Limited Branded means Products and Support bearing a trademark or service mark of The House of Trading Limited or any The House of Trading Limited Partner or Affiliate.

Product means Training Products listed on the House of Trading’s Website at the time of The House of Trading Limited’s acceptance of Subscriber order, and including products that are modified, altered, or customized to meet Subscriber requirements (“Custom Products”).

Specification means technical information about Products published in The House of Trading LTD Product manuals, user documentation, and technical data sheets in effect on the date The House of Trading LTD delivers Products to Subscriber.

Statement of Work means an executed document so titled, that describes the Custom Support to be performed by The House of Trading LTD under the Support Terms section.

Support means The House of Trading LTD maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by The House of Trading LTD and includes “Custom Support” which is any agreed non-standard Support as described in a Statement of Work.

Transaction Document(s) means an accepted Subscriber order (excluding pre-printed terms) and in relation to that order valid The House of Trading LTD quotations, The House of Trading LTD service descriptions, The House of Trading LTD warranty statements delivered with or otherwise made available to Subscriber with The House of Trading LTD or any of its partners or Affiliates, or other mutually executed documents that reference these The House of Trading LTD On-Line Single Order Terms.

 

Version means a release of the The House of Trading LTD website partner website or affiliates that contains new features, enhancements, and/or maintenance updates, or for certain Software, a collection of revisions packaged into a single entity and, as such, made available by The House of Trading LTD to its subscribers (also called a “Release”).

 

PAYMENT

Payment Terms: Subscriber agrees to pay, without offset, all amounts due at the time of purchase unless a multi-payment plan has been selected. If a multi-payment plan is selected, future payments must be made at the agreed intervals. The House of Trading LTD may change credit or payment terms for unfulfilled orders if, in The House of Trading LTD’s reasonable opinion, Subscriber’s financial condition, previous payment record, or relationship with The House of Trading LTD merits such change.

 

Subscription Renewals: Your subscription will continue for the period referenced during registration (the “Subscription Period”) and renew automatically at the end of the Subscription Period unless you notify our Customer Service Team by phone at 02032898237 or by e-mail via support@thehouseoftrading.com, Monday-Friday between the hours of 9:00am and 5:00pm UTC. We will not be responsible for the cancellation a subscription based on an email, postal mail, etc. If you do not notify us as described above, your subscription will be renewed on the account, credit or debit card you designated during the registration process for the same Subscription Period as your original purchase or most recent renewal at the then-applicable retail-priced monthly, period, annual, etc. subscription rate. In connection with recurring billing for subscription renewals, you authorize The House of Trading LTD to bill your account, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts that you may owe The House of Trading LTD, you will be liable for all of our attorney and collection agency fees.

 

The House of Trading LTD may discontinue performance if Subscriber fails to pay any sum due, or if after ten (1) days written notice Subscriber has not cured any other failure to perform under these Terms.

 

Security Interest: The House of Trading LTD retains a security interest in Products until payment. Subscriber shall execute any paperwork required by The House of Trading LTD to effectuate any such security interest.

 

WARRANTY PROVISIONS

Warranty Statements Exclusions.

subscriber’s non-compliance with instructions;

improper or inadequate maintenance or calibration;

subscriber or third-party media, software, interfacing, supplies, or other products;

modifications not performed or authorized by The House of Trading Limited;

virus, infection, worm or similar malicious code not introduced by TVCM Limited; or

abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Subscriber, or other causes beyond TVCM Limited’s control.

 

Non-The House of Trading LTD Branded Products and Support.

 

DISCLAIMER: THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THESE TERMS ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY THE HOUSE OF TRADING LTD OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT ALLOWED BY LOCAL LAW THE HOUSE OF TRADING LTD DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE HOUSE OF TRADING LTD PUBLISHES INFORMATION THAT IS EDUCATIONAL IN NATURE AND DESIGNED TO CONTRIBUTE TO YOUR OVERALL UNDERSTANDING OF VARIOUS TYPES OF TRADING ANALYSIS AND HOW WE APPLY THIS INFORMATION TO THE FINANCIAL MARKETS. WE ARE IN NO WAY RECOMMENDING THE PURCHASE, SALE OR SHORT SALE OF ANY SECURITIES, OPTIONS, FUTURES OR OTHER FINANCIAL INSTRUMENTS. TRADING OF STOCKS, OPTIONS, AND FUTURES MAY NOT BE SUITABLE FOR EVERYONE AND MAY INVOLVE THE RISK OF LOSING PART OF YOUR MONEY, ALL OF YOUR MONEY, OR IN THE CASE OF FUTURES, MORE THAN ALL OF YOUR MONEY. THE HOUSE OF TRADING LTDAND ITS SERVICE PROVIDERS ARE NOT FINANCIAL ADVISORS OR REGISTERED ANALYSTS. WE DO NOT OFFER TRADING MODELS FOR YOU TO COPY. THESE MODELS REPRESENT OUR OWN OPINIONS AND ARE INTENDED TO TEACH OUR STYLE OF TRADING. IT IS UP TO YOU TO MAKE YOUR OWN DECISIONS AS WHAT YOU WANT TO DO WITH YOUR OWN PORTFOLIO.

 

INTELLECTUAL PROPERTY RIGHTS

The House of Trading Limited’s has active trademarks. No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by The House of Trading LTD to you.

 

The House of Trading LTD contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The House of Trading LTD are copyrighted as a collective work under the UK and United States copyright laws. The House of Trading LTD owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. A subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of The House of Trading LTD and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The subscriber acknowledges that they do not acquire any ownership rights by downloading copyrighted material.

 

RESTRICTED USE

 

Products, Support, and Deliverables are not specifically designed to be trading advice or recommendations. The subscriber is solely liable if Products, Support, or Deliverables purchased by the subscriber are used for trading and will indemnify and hold The House of Trading LTD harmless from all loss, damage, expense, or liability in connection with such use.

 

The subscriber shall not upload, post or otherwise make available on The House of Trading LTD any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The House of Trading LTD, The subscriber automatically grants, or warrants that the owner of such material has expressly granted The House of Trading LTD the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The subscriber shall not permit any other persons to access, view, store or reproduce the material designated for Subscriber’s personal use. Subscriber hereby grants The House of Trading LTD the right to edit, copy, publish and distribute any material made available on The House of Trading LTD by Subscriber.

 

GENERAL

Electronic Orders and EDI: Where facilitated under local law, the parties may do business electronically, including order placement and acceptance. Once accepted, such orders will create fully enforceable obligations subject to these Terms. Such orders and acceptances will be deemed for all purposes to be an original signed writing. Subscriber and The House of Trading LTD will adopt commercially reasonable security measures for password and access protection.

 

Internal Use: Products and Support acquired by Subscriber under these Terms are solely for Subscriber’s own internal use and not for resale or sub-licensing.

 

Force Majeure: Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Subscriber’s payment obligations.

 

Assignment: Subscriber may not assign, delegate or otherwise transfer all or any part of thier rights or obligations under these Terms without prior written consent from The House of Trading Limited. Any such attempted assignment, delegation, or transfer will be null and void. Assignments of The House of Trading LTD Logins are subject The House of Trading Limited’s approval.

 

Export and Import: By accepting these Terms Subscriber confirms that Subscriber is not located in (or a national resident of) any country under U.S., U.K. or European Union Economic embargo or sanction, or resides in a country listed in the Office of Foreign Asset Control of the United States, U.K. or EU Governments, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, Software, technology, or Support acquired subject to these Terms may not be exported, re-exported, transferred or downloaded to any such entity. The House of Trading LTD may suspend performance under these Terms: 1) if the Subscriber is in violation of any applicable laws or regulations, and 2) to the extent necessary to assure compliance under the U.S., U.K, E.U. or other applicable export or similar regulations.

 

Governing Law: Disputes arising from these Terms will be governed by the law of the jurisdiction of the principal place of business of The House of Trading LTD or its affiliate accepting the order to which the dispute relates and the courts of that locale will have jurisdiction, except that The House of Trading LTD may, at its option, bring suit for collection in the country where the Subscriber that placed the order is located. The subscriber and The House of Trading LTD agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Claims arising or raised in the United States will be governed by the laws of the United Kingdom

 

Bankruptcy: If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.

 

Survival: Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale or license of Products or Support will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.

 

Notices: All notices that are required under these Terms will be in writing and will be considered effective upon receipt.

 

Entire Agreement: These Terms represent the entire agreement between The House of Trading LTD and Subscriber regarding Subscriber’s purchase of Products and Support, and supersedes and replaces any previous communications, representations, or agreements, or Subscriber’s additional or inconsistent terms, whether oral or written. In the event any provision of these Terms is held invalid or unenforceable the remainder of the Terms will remain enforceable and unaffected thereby.

 

Waiver: Neither party’s failure to exercise or delay in exercising any of its rights under these Terms will constitute or be deemed a waiver or forfeiture of those rights.

 

Independent Contractor: The House of Trading LTD is an independent contractor in the performance under these Terms and neither The House of Trading LTD nor any The House of Trading LTD personnel are employees or agents of Subscriber. Nothing in these Terms will be construed as creating a joint venture, partnership or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other

 

 

LINKS TO THIRD PARTY SITES

THE HOUSE OF TRADING LTD WEBSITE, OR COMMUNICATIONS YOU RECEIVE FROM THE HOUSE OF TRADING LTD WEBSITE, MAY CONTAIN LINKS TO THIRD PARTY WEBSITES OR ONLINE FEATURES THAT ARE NOT OWNED, CONTROLLED, OR ENDORSED BY THE HOUSE OF TRADING LIMITED. THE HOUSE OF TRADING LTD HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE HOUSE OF TRADING LTD WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. BY USING THE HOUSE OF TRADING LTD WEBSITE OR PARTICIPATING IN ANY HOUSE OF TRADING TRIAL, JOINT VENTURE, OR PROGRAM YOU SPECIFICALLY RELEASE THE HOUSE OF TRADING LTD FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.

 

Copyright © The House of Trading Limited, 2015. All Rights Reserved.