END-USER LICENSE AGREEMENT (“EULA”) AND TERMS OF USE FOR Redshell Pty Ltd, TRADING AS GLOBAL TRADING TOOLS (“Global Trading Tools”), SOFTWARE AND ADD-ONS
IMPORTANT NOTICE:
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY
BY CLICKING “I AGREE”, DOWNLOADING, ACCESSING, INSTALLING, RUNNING OR USING GLOBAL TRADING TOOLS SOFTWARE AND/OR ADD-ONS (“SOFTWARE”) AND DOCUMENTATION, YOU AGREE
- THAT THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGALLY BINDING AND VALID AGREEMENT BETWEEN YOU AND GLOBAL TRADING TOOLS,
- TO ABIDE BY THE TERMS AND CONDITIONS OF THIS EULA, AND
- TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS EULA ARE NOT VIOLATED BY ANY PERSON OR ENTITY UNDER YOUR CONTROL OR IN YOUR SERVICE. IF YOU ARE USING THE SOFTWARE ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS EULA FOR THAT ORGANIZATION AND PROMISING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” ALSO REFERS TO THAT ORGANIZATION.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK “I AGREE”, DOWNLOAD, ACCESS, INSTALL, RUN OR USE THE SOFTWARE.
THIS EULA, WHICH SUPPLEMENTS THE STANDARD DISCLAIMER, CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
This EULA is a legal agreement between You and Redshell Pty Ltd trading as Global Trading Tools (“Global Trading Tools”), including any affiliates and contractors acting on Our behalf (collectively “Global Trading Tools”, GlobalTradingTools.com, “Us”, “We”, or “Our”) regarding Your use of the Software. Unless You have a separate written agreement with Global Trading Tools regarding the Software, then Your use of the Software is governed by this EULA.
MODIFICATIONS OF EULA
From time to time We may, in Our sole discretion, update or modify this EULA, without specific notice to your end. The most recent version of this EULA is located at: www.GlobalTradingTools.com/policies/eula/ and You should carefully review the same before You use Our Software.
LICENSING
This Software is offered for only non-commercial, personal use by You, the “user.” Global Trading Tools grants You the non-transferable, non-exclusive and revocable right to use the Software, subject to the terms of this End-User License Agreement (“EULA”).
All perpetual license customers receive free access to 1 year (12 months) of support and software updates, including future enhancements, from the date of purchase.
After 1 year, future updates & enhancements will be available at a discounted rate of 35% of the current listed price, for an additional 1 year (12 months) of support and software updates, including future enhancements.
When You purchase a product or service, or are granted a “complimentary use” basis (i.e. usage is provided free of charge ONLY for the period of time You remain a current paid subscription member of the Traders Boardroom) from Global Trading Tools, You are purchasing a single user license, unless otherwise stated, subject to the terms of this End-User License Agreement (“EULA”), which may not be transferred or resold. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of or installation of the Software. You may not redistribute the Software in any form or broadcast it in any media.
Where Software has been provided to You on a “complimentary use” basis (i.e. usage is provided free of charge ONLY for the period of time You remain a current paid subscription member of the Traders Boardroom) your access to the Software, and this EULA, will be terminated as at the date your Traders Boardroom subscription expires. Global Trading Tools reserves the right to revoke your access to any Software provided on a “complimentary use” basis at any time.
RESERVATION OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site and/or Software, and that You will not acquire any right, title, or interest in or to the site and/or Software except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Our services, Software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
All rights not expressly granted are reserved by Global Trading Tools and/or its affiliates. Use of the Software for any purpose other than expressly permitted in this EULA is prohibited, and may result in severe civil and criminal penalties.
TERMINATION
Without prejudice to any other rights, Global Trading Tools may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software.
REFUNDS
Software purchases are non-refundable, unless otherwise stated. A limited trial period before purchase may be available in some cases however please contact admin@GlobalTradingTools.com to confirm if a limited period trial is available for the product you are interested in.
NOTE: Not all Software products provided by Global Trading Tools and/or its affiliates are available for a limited trial period and Global Trading Tools and/or its affiliates reserve the right to decline, or revoke, a trial period on any Software product.
SPECIFIC USE
Global Trading Tools and/or its affiliates make no representations about the suitability of the Software for any purpose. This Software is provided by the author “as is” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed. In no event shall the author be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of this Software, even if advised of the possibility of such damage.
CONFIDENTIALITY
You agree not to disclose information You obtain from Us and or from Our clients, advertisers, and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of GlobalTradingTools.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the Program or any products sold through this website unless stated (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors for third party Software download. We may change, restrict access to, suspend or discontinued the site or any part of it at any time.
The information, content and services on the site are provided on an “as is” basis. When You use the site and or participate therein, You understand and agree that You participate at your own risk.
TO THE EXTENT PERMITTED BY LAW, GLOBAL TRADING TOOLS OR ANY THIRD PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS LICENSING AGREEMENT OR THE USE OF OR INABILITY TO USE THE GLOBAL TRADING TOOLS SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (E.G. CONTRACT OR TORT) UPON WHICH SUCH CLAIM IS BASED. IN SOME COUNTRIES THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to Us. However, We may assign this Agreement to any person at any time without notice.
WAIVER
Failure of the GlobalTradingTools.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the We may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
INVESTMENT & GENERAL DISCLAIMERS
Information on this website or the Products or Services provided, may contain general advice. Any general advice does not take into account your individual objectives, financial situation or needs and You should consider the appropriateness of any general advice having regard to your individual objectives, financial situation or needs.
Thank you for your interest in Global Trading Tools. This information is provided to You so that You can properly understand the services We provide and to assist You in deciding whether to use Our products or services.
Our products and services are limited. Specifically We are neither your financial advisor nor your financial planner and We do not provide analysis of your investment objectives, financial situation and particular needs that a professional investment adviser or financial planner typically provides.
Fundamentally, We provide access for an international audience to trading tools (including but not limited to trading Software/add-ons, general trading education and trading services, developed either by Global Trading Tools or by an external third-party affiliate) only, and where any advice is incidentally provided, it is provided on a non-specific basis. This means that any advice You receive from Us will not be based on, nor take into consideration, your specific investment objectives, financial situation or needs. You should consult with your own licensed financial adviser before You make any decision on the basis of any products, services or advice We may provide.
You assume all responsibility for any action You may take when using any information, product or service provided by Global Trading Tools, and this means also that You need to be able and willing to accept sole responsibility for ensuring the suitability of any and all investments that You may make when using any information, product or service provided by Global Trading Tools.
Global Trading Tools does not guarantee the accuracy or completeness of any information supplied and shall not be liable to any customer or third party for the accuracy of the information or any alerts or signals supplied through Software or software add-ons to a customer, nor for any delays, inaccuracies, errors, interruptions or omissions in the furnishing thereof, for any direct or consequential damages arising from or occasioned by such delays, inaccuracies, errors, interruptions or omissions, or for any discontinuance of the service.
Please note that Global Trading Tools accepts no responsibility or liability for the contents of any other website, whether linked to this website or not, or for any consequences from You acting upon the contents of another website. Accessing this website shall not render the user a customer of Global Trading Tools nor shall Global Trading Tools owe such users any duties or responsibilities as a result thereof.
RISK WARNING
You understand and acknowledge that there is a high degree of risk involved in trading securities, currencies/foreign exchange and/or derivative products. Trading securities, currencies/foreign exchange and/or investment in derivatives can be very speculative, involves considerable risk, may result in losses and is not suitable for every investor. Global Trading Tools does not take into account the objectives, financial situation or needs of individual users. Hence, You should carefully consider whether trading in securities, currencies/foreign exchange and derivative products is appropriate for You in the light of your financial circumstances. You should be aware that dealing in products that are highly leveraged carry significantly greater risk than non-geared investments such as share trading. As such, You could both gain and lose large amounts of money. You may sustain losses in excess of the moneys You initially deposit and also in excess of the margin required to establish and maintain any positions in leveraged products.
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in any form of media (including but not limited to web sites, email, print or banner advertising, social media sites and/or Global Trading Tools affiliates) by Global Trading Tools.
The past performance of any trading system or methodology is not indicative of future results.
HYPOTHETICAL OR SIMULATED TRADING RESULTS
Hypothetical or simulated performance results have certain inherent limitations unlike actual performance records: simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under or over compensated of the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No presentation is being made that any account will or is likely to achieve profits or losses similar to those predicted or shown.
No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in any simulation. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses is material points which can also adversely affect trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all which can adversely affect actual trading results.
ACCOUNTS AND PASSWORDS
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by You. You agree to immediately notify Global Trading Tools of any unauthorized use or your registration, user account or password.
TESTIMONIALS
Where Testimonials are given, they represent the outcomes that have been provided to Us by genuine clients and may not be typical of what every individual will feel or achieve.
THIRD-PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. Global Trading Tools shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ENTIRE AGREEMENT
This Agreement shall be governed by and construed in accordance with the substantive laws of Brisbane, Queensland, Australia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between Us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
GOVERNING LAW
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Brisbane, Queensland, Australia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
CONTACT US
If you have any questions regarding these Terms and Conditions, please contact Us by e-mail at support@GlobalTradingTools.com
Last revised: Wednesday 22nd November 2017
