TERMS & CONDITIONS
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Smack the Markets Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Smack the Markets Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Smack the Markets Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Smack the Markets Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen, or mobile device screen.
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Smack the Markets Ltd.
Prohibited use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smack the Markets Ltd or that of our affiliates.
6. 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.
7. 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.
Terms for Purchase
8. Subscription Services
a. Payments for subscription services, including Smack the Markets Trading Room, must be made one month in advance. Payment dates will recur on the same date each month. All cancellations must be communicated to us in writing by email. Under no circumstances will any refunds be given for any part month used unless you are a new subscriber and it falls within the first 7 days of a new subscription (see below).
b. A 7 day “Cooling Off” period is available on all new subscriptions to the Trading Room purchased from smack the markets Ltd, Cancellations must be notified in writing to info@smackthemarkets.com within the cooling off period. Cancellations within the 7 day cooling off period will be refunded in full. After this initial 7 day period no refund for payments already received will be refunded.
9. One to One Trader Training Program
a. If you are not completely satisfied with any 1 to 1 trader training program you have purchased, you must notify us in writing to info@smackthemarkets.com within 3 working days of completing the first training session. Upon receipt of this email you will be refunded 100% of your original payment. Once the 2nd training session has begun, the opportunity for any refund becomes void.
Privacy Policy
10. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following: www.smackthemarkets.com/privacy
Availability of the Website and disclaimers
11. Any online facilities, tools, services or information that Smack the Markets Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Smack the Markets Ltd is under no obligation to update information on the Website.
12. Whilst Smack the Markets Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
13. Smack the Markets Ltd accepts no liability for any disruption or non-availability of the Website.
14. Smack the Markets Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
15. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
16. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
17. To the maximum extent permitted by law, Smack the Markets Ltd accepts no liability for any of the following:
a. any losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
d. In no event shall Smack the Markets be liable under or in connection with their services to anyone for any loss of revenue, profits, use or other economic advantage or for any indirect, punitive, special, exemplary, incidental, or consequential damages of any type or kind, including without limitation the use or inability to use our services, or for any content obtained from or through the web services, any interruption, inaccuracy, error or omission, regardless of cause, of the possibility of such damages.
General
18. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
19. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
20. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
22. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
23. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
24. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
General Disclaimer
25. All information that is provided by Smack the Markets Ltd is for educational purposes only. Smack the Markets Ltd and its representatives are not stockbrokers, financial or investment advisors and do not recommend any financial instrument or any securities of any kind. Any financial securities that are mentioned throughout our website, Trading Room or Training courses or other products are cited only for illustrative and educational purposes only.
26. Investing in financial markets is risky and it is possible to lose money. It is recommended that you seek a professional licensed financial advisor prior to implementing any investment program or financial plan. Smack the Markets and its employees, directors, presenters, contributors and representatives do not guarantee any results or investment returns based on the training and information that you receive.
27. Past performance is not necessarily indicative of future results.
28. We may at times provide links to other websites, companies and services. We are in no way responsible for the content of these sites and they are provided for your information only. Please refer to their websites or companies specific terms and conditions.
29. You acknowledge that Smack the Markets and its employees and representatives have not promised you in any manner whatsoever that you will earn a profit from your personal investments or decisions based on the training and education provided.
30. By accessing this site and/or by purchasing products from Smack the Markets Ltd you hereby release Smack the Markets Ltd and its employees and representatives from any liability whatsoever related to your participation in there courses or process of training. You hereby assume the risk for claims herefore and hereafter arising from your participation in training or by the use of this website/other products.
31. You agree that Smack the Markets Ltd will accept no responsibility or liability for any loss/losses caused either directly or indirectly as a result of using their products or services. This includes problems with the website, and any errors or omissions.
Smack the Markets Ltd details
32. Smack the Markets Ltd is a company incorporated in England and Wales with registered number 11213049 whose registered address is 128 City Road, London, EC1V2NX and it operates the Website www.smackthemarkets.com
You can contact Smack the Markets Ltd by email on info@smackthemarkets.com