LEGAL CONDITIONS
1.- ACKNOWLEDGEMENT AND ACCEPTANCE OF CONDITIONS OF SERVICE.
These legal conditions regulate the legal relationships and represent a legal agreement between the client (hereinafter called "Subscriber") and the company VISUAL CHART GROUP S.L. (hereinafter called "VISUAL CHART GROUP") and its Data Providers, that include amongst others, Dow Jones & Co Inc., Nasdaq Stock Market Inc., New York Stock Exchange ("NYSE"), Chicago Mercantile Exchange Inc. and Toronto Stock Exchange ("TSX"), (hereinafter called "Information Providers" or "Data Providers", without distinction and for the purposes of this agreement, they are defined as follows: VISUAL CHART GROUP Providers or Third Party, including Equities, futures or products and row materials Markets whose information is contained in Services and where appropriate, the company may have rights over the information they provide and/or where appropriate, they can impose any restriction or condition of the use, storage, access or redistribution of Information, so that Subscriber may receive the "Information").
The Subscriber acknowledges and agrees to:
VISUAL CHART GROUP, S.L. located in Almería (Almería), Spain, C/Chillida, nº4 Planta 4 Oficina 4 CP 04740 Roquetas de Mar, Almería, with C.I.F. (Spanish tax identification code) B-82013806,
is the creator and owner of a technological platform through which national and
international economical-financial information is directly redistributed live and/or
recorded and later redistributed to SUBSCRIBER. This information is generated and
structured in the existing national and international Stock-exchange Interconnection
Systems, derived products, options and news (hereinafter the "Information" or "Data",
without distinction) together with other information arising from prestigious data
providers. It also provides a great variety of products and services mainly relating
to this Information, including the software and communication facilities, so that
SUBSCRIBER may receive and use the information. The products and services offered
by VISUAL CHART GROUP included in its price lists will be hereinafter called "the
Service".
Due to the special conditions of Service and in order to offer the best Service
at all times and without prejudice to articles 5 and 7 stipulated herein, VISUAL
CHART GROUP may modify the terms and conditions of this agreement, and it reserves
the right to modify its programmes and Database, as well as the systematisation
of supplied data and the technical characteristics of access and transmission. VISUAL
CHART GROUP shall give SUBSCRIBER notice of such changes through the access screen
and in this agreement, so SUBSCRIBER will know them before using the Service. SUBSCRIBER shall be liable for the confidentiality of his passwords, as well as for any loss and damage that may derive from the use of his passwords by non-authorized third parties. SUBSCRIBER agrees to promptly notify VISUAL CHART GROUP in case of a non-authorised use of his user or password, or any other security rule. SUBSCRIBER agrees to: (1) Provide up-dated, complete and accurate information about SUBSCRIBER, meeting the requirements of the Service, so that VISUAL CHART GROUP may comply with the data protection policy in force. (2) Up-date this information to keep it complete and accurate. (3) Subscriber shall immediately give VISUAL CHART GROUP written notice of any change of name, place of residence or place of business at which Service is received. (4) If SUBSCRIBER is required to give necessary information or any other material to VISUAL CHART GROUP in order to receive the Service, the obligations of Service supply by VISUAL CHART GROUP will be suspended until such information or material is provided.
SUBSCRIBER accepts to be charged for the products and Service from the moment VISUAL CHART GROUP receives the regulatory compliance.
The paragraph "non-professional status of SUBSCRIBER" means any natural person who
is not: (a) Registered or qualified by any government securities agency, any securities
market or association or any other market or association of assets or futures contracts.
(b)He works as an investment adviser.
a) SUBSCRIBER accepts this agreement on a personal level but not on behalf of any
company, corporation, society, consortium or association. If the SUBSCRIBER’S situation does not meet any of the aforementioned statements, the SUBSCRIBER’S status is Professional or "Pro" and he can not be registered as a Non-Professional, it means the kind of SUBSCRIBER which this agreement refers to. The SUBSCRIBER acknowledges and agrees that if his status is affected or changes with regard to the aforementioned statements, he shall immediately give VISUAL CHART GROUP written notice of these changes of position or status. Apart from other available procedures to VISUAL CHART GROUP and the Data Providers (and the Stock Exchanges); the SUBSCRIBER will also be liable for applicable expenses and costs arising from the information and services received in an inappropriate way as a Non-Professional SUBSCRIBER, as well as any applicable compensation and/or penalty given by the Stock Exchange or the Government body to VISUAL CHART GROUP and the Data Providers and the Stock Exchanges. SUBSCRIBER authorizes, acknowledges and agrees that all registered and biographical information related to this matter provided to VISUAL CHART GROUP can be checked by the Stock Exchanges.
SUBSCRIBER agrees to refrain from using the Service and its contents for illegal
and forbidden purposes, according to these conditions, or causing damage to the
rights and interests of third parties and of VISUAL CHART GROUP or causing damage,
unabling, overcharging or spoiling the Service in any way.
SUBSCRIBER shall be the only responsible for the consequences arising from these
actions, as well as for the confidentiality of the received information, and he
shall take necessary security measures for the protection of non-authorised access
or broadcasting.
According to this article, VISUAL CHART GROUP agrees to inform SUBSCRIBER about
the restrictions imposed by the Information Provider or any other aforementioned
conditions. VISUAL CHART GROUP shall inform SUBSCRIBER about it fifteen (15) days
before the entry into force of these modifications, by publishing them on the access
screen and in this agreement. VISUAL CHART GROUP reserves the right to not provide
the modified Information, without having any liability or obligation with SUBSCRIBER. The information provided to SUBSCRIBER is only for personal use, so he is obliged to maintain total confidentiality of the received data and information. SUBSCRIBER shall not assign this information or a part of it to third parties without the previous and written authorization of VISUAL CHART GROUP. These obligations of confidentiality will carry on being in force after the termination of the relationship with VISUAL CHART GROUP. SUBSCRIBER shall be responsible for any inappropriate use or leak of information amongst his staff or any third party informed by him. SUBSCRIBER shall answer any question or inform VISUAL CHART GROUP about any subject relating to the reception, processing, exhibition and redistribution of Information.
Due to the actual conditions of electronics, VISUAL CHART GROUP shall not guarantee
the availability and continuity of the Service supply, although it will do its best
in order to maintain the regularity of Service. If it is possible, VISUAL CHART
GROUP shall inform about the disturbances of Service supply. In this respect, VISUAL
CHART GROUP shall not be liable for any kind of damages and prejudices arising from
the lack of availability or continuity of the Service supply.
VISUAL CHART GROUP shall not be liable for any damage, prejudice or expense, produced
directly or indirectly by the use or inability of the software or the Information. The liability of VISUAL CHART GROUP for damages caused by gross negligence, as well as the compensation for damages and prejudices and the payment of interests in case of non-fulfilment or any complaint relating to this agreement, shall not exceed, in no circumstances and by expressed agreement between the parties, the total amount paid by SUBSCRIBER to VISUAL CHART GROUP during the annual period in which the aforementioned facts have taken place.
SUBSCRIBER acknowledges and agrees that the products and services now available
and detailed in the Price List and all the contents available through the Service
offered by VISUAL CHART GROUP are property of VISUAL CHART GROUP or it has the necessary
licence for their usage and availability. All products and services are subject
to the intellectual and industrial property rights, and not just their data but
also the data compilation/ systematisation. The access to the Information and/or
products and services offered by VISUAL CHART GROUP, authorized and regulated in
this agreement, never implies any kind of total or partial waiver, transmission
or assignment of these rights, or awards any right of use, modification, exploitation,
reproduction, distribution or public disclosure of these products or services, without
the previous and written specific and reliable authorization issued by VISUAL CHART
GROUP for this purpose. VISUAL CHART GROUP reserves the right to subcontract with other natural and legal persons in order to fulfil the obligations arising from this contract.
This agreement, under the terms of this agreement, may be terminated for one of
the following reasons: Apart from that, VISUAL CHART GROUP may remove or cancel, at any time and without any responsibility, the Service supply to SUBSCRIBER who does not comply with the terms of this Agreement. According to the specific terms of this agreement, the length of this agreement will be 12 months and it will be extended for the same period of time if the parties do not express their will to terminate this agreement and give written notice one month before its expiration date. Although, SUBSCRIBER shall have the right to terminate this agreement before the expiration date, provided that SUBSCRIBER gives VISUAL CHART GROUP a one-moth notice of his will to terminate this agreement. VISUAL CHART GROUP may also terminate this agreement by written notice to SUBSCRIBER, if he does not fulfil the obligations established in the agreement. If the agreement terminates by any of the aforementioned reasons, the general conditions called CONDITIONS OF USE OF SERVICE, CONFIDENTIALITY AND LIABILITY will continue being applicable to SUBSCRIBER. According to the specific terms of this agreement, all notices between both parties shall be conducted in writing. The date of reception shall be the date in which the notice was sent. Notices sent by VISUAL CHART GROUP through the Service in order to inform SUBSCRIBER about modifications of this Agreement, the Service or any other relevant subject shall be considered as valid notices to SUBSCRIBER. SUBSCRIBER shall not transfer this agreement or delegate any obligation arising from this agreement without previous authorization of VISUAL CHART GROUP. Although, this company may transfer the rights and obligations arising from this agreement, without previous authorization of SUBSCRIBER. All prices established in this agreement do not include taxes, so prices will increase according to the applicable taxes on the date of the invoice.
These conditions cancel any previous agreement or commitment between the parties and represent the full agreement between VISUAL CHART GROUP and SUBSCRIBER. If any clause of this agreement can be avoidable or null and void, it will be ignored but the rest of the agreement shall be binding to the parties. To solve any legal controversy arising from the interpretation and/or compliance with this agreement, the parties agree to submit to the sole jurisdiction of the Courts of AlmerÃa city. Although, if SUBSCRIBER is deemed as a "consumer", this clause of submission will not be applicable to him and his actions will be governed by the law corresponding at the time according to this consideration.
According to the Spanish law of Data Protection, L.O.P.D. 15/1999, VISUAL CHART GROUP informs SUBSCRIBER about the protection of his personal data to which VISUAL CHART GROUP has access as a result of this agreement or the application forms for transactions and/or engagements of products and services, taken on by any means, or computer processes regarding to data already registered that is going to be recorded in a file created under the responsibility of VISUAL CHART GROUP. SUBSCRIBER authorizes this company to process this data; the purpose of data collection and processing is to maintain and administrate the contractual relationship between the parties, to administrate, provide and improve the offered services, to adequate and design the Service to the preferences and wishes of the users, to send technical, operative or commercial information about the products and services of VISUAL CHART GROUP or any third party, now or in future. SUBSCRIBER may exercise the rights to access, amendment, cancellation and opposition. The company responsible for processing is VISUAL CHART GROUP S.L., whose Central Service office is at C/Navarro Rodrigo, N. 9, Edificio Concordia, 04001 AlmerÃa, Spain. Answering the questions required to regularize his relationship with VISUAL CHART GROUP is completely optional. Although, if SUBSCRIBER does not provide the personal data required for this purpose, this agreement will not be valid. VISUAL CHART GROUP has the intention of sending SUBSCRIBER commercial and promotional information and publicity via E-mail or any other similar electronic means, that is why SUBSCRIBER will, during the engagement and/or subscription process, be required the following: his E-mail address and his authorization for the company to send this information, under the Law 34/2002 of July 11th about Society Services of the Information and E-mail usage. Although, SUBSCRIBER may, at all times, exercise freely the rights of access, amendment and cancellation and even, to revoke the aforementioned authorization, according to the law in force about personal data protection and other applicable legislation, by giving notice to this company at any time through their web site: http://www.visualchart.com in the SUBSCRIBER’S area.
Investments carry risks, which may include the loss of capital, amongst others. The software and Data are mainly designed, provided and/or presented to be used as a tool of training in order to understand the technical analysis of financial markets. SUBSCRIBER is granted the right to use it, in the full knowledge that VISUAL CHART GROUP and the data Providers do not work providing investment advice or professional advice. In case SUBSCRIBER needs professional advice, he shall look for the services of a well qualified professional. No staff, agent or representative of VISUAL CHART GROUP or any data provider or any of its respective collaborators are authorized to provide any kind of advice. In case someone does so, it will be deemed as a violation of VISUAL CHART GROUP and Data Providers politics, a non-authorised and so non-reliable advice. The use of any system or commercial strategy, including any system or strategy that appears as an example in the Software or Data, does not guarantee and may not guarantee that it will produce profits, increase benefits or reduce losses. Any tool, strategy or popular system or any other, included in the software, are included as mere examples of technical ideas that can be incorporated to a personally designed strategy or commercial system. VISUAL CHART GROUP does not advise the use of any of them. SUBSCRIBER shall use his own criteria or ask a professional who may advise him about these subjects. Also, the commercial results based on hypothetical or historically proved strategies and systems do not necessarily meet the nowadays commercial results. Hypothetical and historical commercial reports may not take into account the real risk level in modern market transactions. The explanations for these differences are the following; the existence of multiple factors that affect the market conditions, the existence or non- existence of specific events or circumstances, human errors, the human/emotional reaction for investment losses, inherent to limitations of certain hypothetical or historically proved models, mainly, those that do not operate to "tick" level, investment volume, cash flow differences between the hypothetical models and those of investment nowadays and differences of supply and demand not treated in the hypothetical models, and other conditions and circumstances. There is not guarantee that his hypothetical investment results, even if they are compared to historical data, will provide real comparable benefits. In fact, there are frequently big differences between the hypothetical and historically proved performance results, and the real results later obtained by any particular investment system or strategy. One of the possible causes is that a commercial or strategic policy can not always be perfectly applicable from theory to practice, even with automated investment systems. It is also necessary to take into account the specific business jargon, including terminology such as "position", "limited risk", that shall not be literally understood. For example, the expression "limited risk positions" in some option transactions are not as limited as would be expected. With regard to these subjects, SUBSCRIBER shall look for the advice of a well qualified professional person. VISUAL CHART is an "open platform". This means that independent companies without any relationship with VISUAL CHART GROUP, may offer commercial tools or strategies compatible with VISUAL CHART. VISUAL CHART GROUP does not check or does any kind of research about these tools or strategies and does not advise, endorse, prove or disprove of any of them. |