THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) BIND YOU TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF THE SERVICES, COURSES OR OTHER OFFERINGS ON THE SITE (COLLECTIVELY, “PRODUCTS”). BY UTILISING ANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON ON THE SITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT.
SHOULD YOU NOT AGREE TO ALL THE PROVISIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON ON THE SITE AND DO NOT USE THE PRODUCTS. THIS AGREEMENT FORMS A LEGAL AGREEMENT BETWEEN YOU AND US. YOU SHOULD PRINT OFF A COPY OF THIS AGREEMENT AND KEEP IT IN A SAFE PLACE.
THE TERMS “YOU”, “YOUR”, “US”, “OUR” AND “WE” ARE DEFINED BELOW AS ARE OTHER WORDS AND PHRASES USED IN THIS AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE PRODUCTS AND THE SITE AND SUPERSEDES ANY OTHER ORAL AGREEMENT OR WRITTEN AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE PRODUCTS AND THE SITE.
WE MAY MODIFY THE PROVISIONS OF THIS AGREEMENT AT ANY TIME. IF WE DO MAKE CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU OF THE AMENDMENT BY POSTING A PROMINENT NOTICE ON THE SITE AND BY POSTING THE AMENDED VERSION OF THIS AGREEMENT ON THE SITE. WE SHALL POST THE DATE THE AGREEMENT WAS LAST CHANGED ON THE TOP OF THE PAGE. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE OR ACCESS (OR CONTINUE TO ACCESS) THE SERVICES. IT REMAINS YOUR RESPONSIBILITY TO CHECK THE SITE FOR AMENDMENTS TO THIS AGREEMENT.
Certain words and phrases are defined in this Agreement. In addition, in this Agreement the following words and phrases have the following meanings:-
“Services” means the service of providing the Products and other information via the Site;
“Site” means the website tradinghd.com or such other website used by us to provide the Products;
“Users” means users of the Site who have agreed to this Agreement;
“you” or “your” means you, the person using the Site;
In this Agreement, references to the singular shall include references to the plural and vice versa. Headings are for convenience only and shall not affect interpretation. Reference to legislation shall include such legislation as amended or re-enacted, together with all relevant secondary legislation thereunder.
2. Who We Are
TRADINGHD LTD, is a company incorporated in the Isle of Man (company number 129585C) and having its registered office address at 4th Floor, Exchange House, 54-58 Athol Street, Douglas, Isle of Man, IM1 1JD (“us”, “our”or “we”). If you have any question about the Site and/or the Products, you should email our customer services team at firstname.lastname@example.org.
Nothing on the Site and no part of the Services or Courses constitutes financial advice or investment advice. We accept no liability for any cost, damage, loss, or actions that may arise due to your use of the Products and/or the Site.
We are not authorised by any financial regulatory authority in any jurisdiction (e.g. we are not, and are not required to be, licensed by the Isle of Man Financial Supervision Commission).
The Site enable Users to connect with independent contractor instructors (the "Instructors") who provide live and recorded direction, tutoring, and learning services in our proprietary online classrooms provided on the Site (the "Courses"). The Products include, without limitation, facilitating and hosting Courses, the Courses and supporting materials, and taking feedback from Users. The Instructors are not our employees.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and/or Courses with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If you elect to access or use Products that involve payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorised to supply such information and hereby authorise us to charge your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in U.S. Dollars. If your payment method fails or Your Account is overdue, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Products pending resolution of any amounts due by you to us.
If you are under the age of 18, you must obtain the consent of your parent or guardian to your access of the Products and your parent or guardian must consent to this Agreement before you can use the Products.
All of your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with your use of the Products and Site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorised access to another person’s account with us; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
We collect personal data when you use the Site including details of payment cards used. Where such details of payment cards used are provided, they are stored in a fully encrypted format and not accessible by us.
You will be asked to provide personal data when you register for any account with us or otherwise use the Site or the Products.
When you use the Site and/or the Products, our servers keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, language use, software crash reports and type of browser used. Such details are essential for the provision of and the quality of the Site and the Products.
We may collect personal data about you from third parties including financial institutions, identification verification agencies, credit providers and credit reference agencies for the purposes of maintaining your account with us (“Your Account”), identification verification, conducting credit or other financial checks, and you consent to our collection and processing of your personal data for these purposes.
Your personal data will be used by us and by third parties on our behalf:
We and other members of our group may contact you to advise you of other goods and services that we think may be of interest to you. If you do not wish to receive such marketing materials, please email our customer services team at email@example.com. Any telephone calls you make to us may be recorded for training and/or security purposes.
It is your responsibility to notify us of any changes in your personal data by sending an email to our customer services team at firstname.lastname@example.org.
If you believe any of your personal data is incorrect or inaccurate, you may request corrections or changes to such personal data by emailing our customer services team at email@example.com. We may require you to provide information to us to allow us to verify your identity in this event.
We may disclose your personal data:
We may also disclose your personal data to other parties in our group or to third parties for the purposes mentioned above. Your personal data may be processed outside of the European Economic Area. In this event we will ensure that your personal data is processed in accordance with the Isle of Man Data Protection Act 2002.
We will take the steps as required by the Isle of Man Data Protection Act 2002 to ensure that the personal data we collect is accurately recorded and kept securely.
We do not warrant the security of any information, including personal data, which you transmit to us over the internet. However, once we receive your personal data, we will protect your personal data from misuse, loss or unauthorised access in accordance with the Isle of Man Data Protection Act 2002.
5. General Disclaimer
The Site is only a marketplace for Instructors and Users. We do not hire or employ Instructors. We are not responsible or liable for any interactions between the Instructors and you. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Users, including, but not limited to, any User's reliance upon any information provided by an Instructor and / or obtained via the Site.
We do not control Submitted Content (as defined in paragraph 9 below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of Submitted Content. You also acknowledge that using the Products may expose you to Submitted Content that you consider offensive, indecent, or objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any Submitted Content.
The Site and Products may give you access to links to third-party websites ("Third Party Sites"), either directly or through Courses or Instructors. We do not endorse any of these Third Party Sites and do not control them in any manner. Accordingly, we do not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal data and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products. You agree not to use the Products or the Company Content (as defined in paragraph 9 below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of the Products.
7. Specific Obligations of your use of the Site
You represent and warrant that:
To use certain Products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your Account, username, and password and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must (a) notify us immediately of any unauthorised use of Your Account and any other breach of security, and (b) ensure that you exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without your knowledge, prior to you notifying us of unauthorised access to Your Account.
You may not transfer Your Account to any other person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorised or registered another individual, including a minor, to use Your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
9. Content, Licences & Permissions
All software, technology, designs, intellectual property, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof on the Site is “Company Content.” Company Content is our exclusive property. You have no right to use Company Content other than as expressly set out in this Agreement. Where we provide content to you in connection with the Products, including, without limitation, software and the Products and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User or Instructor is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to copyright and other intellectual property laws. You hereby represent and warrant that you have all licences, rights, consents, and permissions necessary to grant the rights set forth in this Agreement to us with respect to your Submitted Content and that we shall not need to obtain any licences, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submitted Content as authorised in this Agreement or have any liability to you or any other party as a result of any use or exploitation of your Submitted Content as authorised in these Terms.
You hereby grant us a non-exclusive right and licence to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit your Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Site at any time. Removal of your Submitted Content will terminate the foregoing licence and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users or Instructors prior to that time will continue in accordance with the terms granted to such Users or Instructors.
We hereby grant you (as a User) a limited, non-exclusive, non-transferable, revocable, licence to access and use third party Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Site and the Products, in accordance with this Agreement and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, licence, or otherwise transfer or use any third party Submitted Content or Company Content unless we give you explicit permission to do so. Third party Submitted Content and Company Content is licensed, and not sold, to you. Instructors are not entitled to grant you a licence to use third party Submitted Content you access or acquire through the Services and any such direct licence shall be null and void and a violation of this Agreement.
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant to us a permission and release to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
WE RESPECT ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, WE DO NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If you believe that Submitted Content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to us by emailing firstname.lastname@example.org.
All rights not expressly granted in this Agreement are retained by the Content owners and this Agreement does not grant any implied licences.
Pricing for Courses
You agree to pay the fees for Courses that you take and the Products and you hereby authorise us to charge your credit card for these. We will charge your credit card monthly for all amounts owed. If your credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us, and pay (at our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater. Fees for Products are set out on the Site.
We offer Users a seven (7)-day, no-questions-asked money back guarantee on Courses. If you, as a User, request a refund within seven (7) days of the date that you paid for access to that Course and provided you have not viewed any of the Course content paid for, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via email@example.com. Please note that if we believe that you are abusing our refund policy we reserve the right (at our sole discretion) to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
10. Trade Marks
The trade marks, service marks, and logos (the "Trade Marks") used and displayed on the Site, in the Products or in any Company Content are our registered or unregistered Trade Marks or of our suppliers or third parties and are protected pursuant to trade mark laws. All rights are reserved and you may not alter or obscure the Trade Marks, or link to them without our prior approval.
11. Events Outside Our Control
We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations may be performed despite the Force Majeure Event.
12. Warranty Disclaimer
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND WE HEREBY DISCLAIM ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
13. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. OUR TOTAL LIABILITY TO YOU WHETHER UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
You hereby agree to indemnify, defend and hold us harmless (including our directors, agents and employees) from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your breach of any part of this Agreement.
We may terminate your use of the Products or Site on giving you five (5) days’ notice for any breach by you of this Agreement or any of our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Company Content at any time. You may terminate your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at firstname.lastname@example.org. We have no obligation to retain any of your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Site, Products and Content. Any accrued rights to payment and paragraphs 5, 9, 10, 14, 15, 16 and 18 and all representations and warranties shall survive termination.
If any provision of this Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our right to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. You shall not hold yourself out as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on us.
This Agreement and your use of the Site and the Products shall be governed by the substantive laws of the Isle of Man and the parties hereby submit to the exclusive jurisdiction of the Isle of Man courts.