TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (DEFINED HEREIN) CAREFULLY AS THEY GOVERN THE USE OF THIS WEB SITE (DEFINED HEREIN) AND THE ELECTRONIC SERVICES (DEFINED HEREIN).
BY ACCESSING THIS WEB SITE AND/OR USING THE ELECTRONIC SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEB SITE AND/OR USE OF THE ELECTRONIC SERVICES.
BLACK ALGO TECHNOLOGIES PTE LTD (UEN: 201430689Z) (HEREINAFTER “BLACK ALGO TECHNOLOGIES”) AND/OR THEIR HOLDING COMPANIES AND/OR THEIR RESPECTIVE SUBSIDIARIES AND RELATED CORPORATIONS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY, THE "BLACK ALGO GROUP") PROVIDE THE WEB SITE, THE ELECTRONIC SERVICES AND CONTENTS HEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS WHICH HAVE NOT BEEN VERIFIED, CONSIDERED OR ASSESSED BY ANY MEMBER OF THE BLACK ALGO GROUP IN RELATION TO THE MAKING OF ANY SPECIFIC INVESTMENT, BUSINESS, FINANCIAL OR COMMERCIAL DECISION OF, FOR OR ON BEHALF OF ANY PARTICULAR INDIVIDUAL AND/OR ENTITY.
MEMBERS OF THE BLACK ALGO GROUP, ITS DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES AND AFFILIATES (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY THE "BLACK ALGO MEMBERS") MAKE NO REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THIS WEB SITE, THE ELECTRONIC SERVICES AND/OR THE INFORMATION, DATA AND CONTENTS ON THIS WEB SITE, INCLUDING ADVERTISEMENTS SUPPLIED BY THE RESPECTIVE ADVERTISERS AND THEIR CREDITWORTHINESS.
Unless otherwise stated, the following definitions shall apply:-
“Terms and Conditions” means the terms and conditions set forth in this document that sets forth the agreement between the Subscriber and the Provider;
“Web Site” or any references thereof includes but is not limited to the information, materials, data, reports, text, images, links, sounds, graphics and video sequences displayed on http://algotrading101.com and any related and/or affiliated websites maintained by the Provider;
“Electronic Services” or any reference thereof means the online services and/or products provided at or in connection with this Web Site;
“Provider” means Black Algo Technologies and/or the Black Algo Group where applicable;
“Subscriber” means any individual and/or entity that has created an account with the Provider and/or is subscribed to the Electronic Services;
“User” means any individual and/or entity that accesses or uses the Web Site or Electronic Services that is not a Subscriber; and
“Loss” means any and all losses, claims, liabilities, costs, charges and/or expenses of whosoever nature or howsoever arising, including profits or advantage which may be deprived or lost and/or legal fees on a full indemnity basis.
2. RIGHTS OF THE SUBSCRIBER
Upon the successful purchase an Electronic Service provided by the Provider, the Subscriber shall be entitled to:-
(a) online access of the relevant course for which access rights were purchased, subject to the Terms and Conditions;
3. REPRESENTATIONS AND WARRANTIES GIVEN BY THE SUBSCRIBER
3.1. The Subscriber hereby represents, warrants, covenants and undertakes to the Provider, on an ongoing basis, that:-
3.1.1. the Subscriber acknowledges and understands that the Provider may terminate or limit access and/or use of the Web Site and/or Electronic Services at any time without notice and without assigning any reason therefor;
3.1.2. the Subscriber shall provide accurate and complete information when creating an account with the Provider, maintain the accuracy of such information, and is solely responsible for maintaining the confidentiality and security of such account and for all activities that occur on or through such account.
3.1.3. the Subscriber shall make full and timely payment (including any taxes and late fees, where applicable) to the Provider when purchasing access rights to any course provided by the Provider, ensuring the validity of the payment method used;
3.1.4. the Subscriber acknowledges and understands that the Provider is not acting as a financial adviser or fiduciary to the Subscriber;
3.1.5. the purchase of any access rights to any courses provided by the Provider is in full compliance with the law and regulations of the jurisdiction in which the Subscriber is domiciled;
3.1.6. the Subscriber acknowledges and understands that the Provider makes no representation, endorsement or warranty that the material and information contained in the Web Site and/or Electronic Services is appropriate or available for use by any individual or entity in any particular geographical location or jurisdiction;
3.1.7. the Subscriber acknowledges and understands that the use and/or distribution of the Web Site and/or Electronic Services may be restricted by the laws and/or regulations of certain jurisdictions and that the onus is on the Subscriber to inquire about the existence, validity and applicability of such restrictions;
3.1.8. the Subscriber acknowledges and understands that all information, materials and contents of the Web Site, Electronic Services and/or the web sites of any Black Algo Member should not be construed as and is not intended to be an offer or solicitation of an offer to deal in any securities or products whatsoever, regardless of the legality of such offer or solicitation;
3.1.9. the Subscriber acknowledges and understands that all information, materials and contents of the Web Site, Electronic Services and/or the web sites of any Black Algo Member is provided for general information only, does not have regard to any specific objectives, financial situation or particular needs of any individual and/or entity whatsoever, and thus should not be construed as and is not intended to be any form of investment advice or programme;
3.1.10. the Subscriber acknowledges and understands that it should at all times seek advice from a financial adviser regarding the suitability of any security and/or product mentioned on the Web Site or Electronic Services, taking into account specific investment objectives, financial situation and/or particular needs before committing any capital toward the sale and/or purchase of any such security and/or product, and in the event that the Subscriber chooses not to seek such advice, any such commitment of capital will be solely at the Subscriber’s discretion and risk.
3.1.11. the Subscriber acknowledges and understands that all information, materials and contents of the Web Site, Electronic Services and/or the web sites of any Black Algo Member is proprietary, is strictly for personal use, and shall not reproduce, transmit, publish, perform, broadcast, store, adapt, distribute, display, license, alter, hyper link or otherwise use in whole or in part in any manner without the prior written consent of the Provider;
3.2. Unless otherwise stated, each of the abovementioned representations and warranties are separate, independent, are not limited by and are without prejudice to any other representation or warranty.
4.1. Notwithstanding anything to the contrary, the Provider may terminate the Terms and Conditions without giving notice to the Subscriber, and without prejudice to any outstanding liability owed by the Subscriber:-
4.1.1. at any time without cause;
4.1.2. if the Provider, in its sole discretion, opines that Clause 3 has not been complied with; or
4.1.3. if the Provider, in its sole discretion, opines that the Subscriber has failed to comply with any part of the Terms and Conditions.
4.2. Upon termination, the Subscriber’s sole remedy is either a replacement product or refund of the purchase price paid or neither, determined at the sole discretion of the Provider.
4.3. The Provider may elect to limit the Subscriber’s access and/or use of the Web Site and/or the Electronic Services and/or any part or feature thereof in lieu of termination.
5. LIMITATION OF LIABILITY
5.1. The Provider and Black Algo Members shall not be liable for any damages, claims, expenses or Loss of any kind (whether direct, indirect, special, incidental, punitive, exemplary or consequential or otherwise) (i) suffered by the Subscriber or any other party; (ii) arising from or in connection with any (a) access, use or inability to access or use the Web Site and/or Electronic Services; (b) use of or reliance on the accuracy, availability, currency, title, non-infringement, quality, reliability, merchantability, fitness for a particular purpose, suitability and completeness of the services, information, security, data and contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros, even if the Provider and/or Black Algo Members have been advised of the possibility of such damages, claims, expenses or Loss; or (d) transmission of confidential and/or sensitive information between the Provider and the Subscriber over the internet or electronic devices.
5.2. The Provider and Black Algo Members shall not be liable for any Loss resulting from a cause over which they do not have control, whether fully or partly, including without limitation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, failure of public transportation, common carrier communication or utility systems, data or other theft (including the theft of passwords, codes or log-in sequences) and operator errors.
5.3. Links to other web sites whether owned or operated by third parties or otherwise from this Web Site are for convenience only. The Provider and Black Algo Members cannot accept responsibility for the contents of or the consequences of accessing any linked web site or any link contained in a linked web site. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this Web Site. Users agree that their access and/or use of such linked websites is entirely at their own risk and subject to the terms and conditions of access and/or use contained therein.
6. TRADEMARKS AND COPYRIGHTS
6.1. Names, words, titles, phrases, marks, logos, icons, graphics, designs and any intellectual property in the Web Site (together the “Trademarks”) are the property of the Provider and/or applicable third party proprietors. The display of the Trademarks on the Web Site does not imply that any license has been granted to any third party. No licence or right is granted to the Subscriber and the Subscriber’s access and/or use of the Web Site and/or Electronic Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks appearing on the Web Site without the prior written consent of the Provider or relevant third party proprietor thereof.
6.2. Any or all of the Trademarks shall not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyper linked or otherwise used in whole or in part in any manner without the prior written consent of the Provider. Save and except with the Provider’s prior written consent, you may not insert a hyperlink to any of the Trademarks or the Web Site or any part thereof on any other web site, medium or "mirror" or frame the Web Site, any part thereof, or any information or materials contained in the Web Site on any other server or web site.
6.3. All information in the Web Site is protected under the intellectual property laws (including but not limited to the law of copyright) of Singapore and/or other applicable jurisdictions. Users of the Web Site shall be entitled to copy any information for their own personal use but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of the Provider. Otherwise, no one has permission to copy, redistribute, reproduce or republish, in any form, in whole or in part, any information found on the pages of the Web Site. Any unauthorized downloading, re-transmission, or other copying or modification of Trademarks or other contents of the Web Site may be a violation of statutory or common law rights which could subject the violator to legal action.
7.1. The Provider shall use reasonable efforts to safeguard any confidential information received from the Subscriber. The Subscriber hereby authorises the Provider to transmit such confidential information to the following individuals and/or entities:- (i) any Black Algo Members; (ii) any contractor, agent or service provider which provides administrative, data processing, financial, computer, telecommunication, payment or securities clearing, financial, professional or other services to the Subscriber, the Provider or to any other person to whom data is passed; (iii) any agent and/or nominee acting on behalf of the Subscriber or Provider; (iv) any assignee, transferee, participant, sub-participant, delegate, successor or person to whom this Agreement is novated; and (v) governmental, regulatory or other bodies or institutions, whether as required by law, regulations applicable to any member of the Black Algo Group, or otherwise.
7.2. The purposes for which confidential information provided by the Subscriber from time to time may be used are: (i) carrying out the Subscriber’s other instructions; (ii) providing services in connection with the Subscriber’s account, whether the services are provided by or through, any member of the Provider or any other person; (iii) collection of amounts due, enforcement of security, charge or other rights and interests in favour of any member of the Provider; (iv) marketing existing and future services or products of any member of the Provider; (v) forming part of the records of the persons or members of the Provider to whom the data may be passed; (vi) observing any legal, regulatory or other requirements to which any member of the Provider or any other persons may be subject; (vii) other purposes related or incidental to any one or more of the above; or (viii) any purpose the Provider sees fit or necessary.
7.3. Any member of the Provider may use the data and supply the Subscriber with information about other services or products of any other member of the Provider. If the Subscriber does not wish to receive any such information, the Subscriber may notify the Provider in writing to cease to use the data for such purposes. The Subscriber shall provide accurate and complete information when creating an account with the Provider, maintain the accuracy of such information, and is solely responsible for maintaining the confidentiality and security of such account and for all activities that occur on or through such account.
8. GENERAL DISCLAIMER
8.1. The Electronic Services are intended to be offered only in jurisdictions where they may be lawfully offered for sale or otherwise. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Web Site and/or Electronic Services. The Provider does not guarantee the accuracy or completeness of the content of the Web Site and/or Electronic Services. Links to other web sites from the Web Site are for convenience only. The information, materials and content of the Web Site and/or Electronic Services is for informational purposes only and should not be construed as and is not intended to be investment advice.
8.2. All information, materials and content of the Web Site and/or Electronic Services are obtained from sources believed to be reliable. Black Algo Members (i) do not verify and/or guarantee the accuracy, adequacy, truth, reasonableness, completeness or timeliness of such information, materials and content, (ii) do not make any representations and/or warranties of any kind in relation to such information, materials and content and/or with regard to the results to be obtained from their use and (iii) expressly disclaim liability for any errors in, or omissions from, such information, materials and content.
The Subscriber hereby agrees to indemnify and hold Black Algo Members harmless against all damages, Loss, expenses and costs (including legal costs) suffered or incurred by Black Algo Members in connection with or arising from (i) any access and/or use of the Web Site and/or Electronic Services, (ii) any other party's access and/or use of the Web Site and/or Electronic Services using the Subscriber’s login email address and/or login password, (iii) the Subscriber’s breach of any of the Terms and Conditions, and (iv) any other party's breach of any of the Terms and Conditions where such party was able to access and/or use the Web Site and/or Electronic Services by using the Subscriber’s login email address and/or login password.
The Provider reserves the right to waive any or all of the Terms and Conditions and/or breaches thereof. Any failure by the Provider to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such or any other provision.
All information, materials and content of the Web Site and/or Electronic Services are subject to change and/or suspension and/or termination (including, without limitation, modification, deletion or replacement thereof) without notice. The Provider reserves the right to make changes and corrections, at any time and without notice, to the Web Site and/or Electronic Services, including changes, variations and corrections to the Terms and Conditions. Such modifications will be effective immediately and incorporated into the Terms and Conditions. Continued use of the Web Site and/or Electronic Services will be deemed as acceptance thereof. The Provider may from time to time without giving any reason or prior notice, upgrade, suspend, discontinue the provision of or remove, whether in whole or in part, the Web Site and/or Electronic Services and shall not be liable if any such upgrade, modification, suspension or alteration to the Web Site and/or Electronic Services prevents the Subscriber from accessing the Web Site and/or the Electronic Services or any part or feature thereof.
12. THIRD PARTIES
The Provider and Subscriber intend that parties that are not privy to the Terms and Conditions have no right to enforce the Terms and Conditions under the Contract (Rights of Third Parties) Act (CAP 53B).
13. ENTIRE AGREEMENT
The Terms and Conditions constitute the entire agreement between the Subscriber and the Provider and govern the Subscriber’s use of the Web Site and/or Electronic Services, superseding any prior agreements between the Subscriber and the Provider. The Subscriber may also be subject to additional terms and conditions that may apply when using affiliate services, third-party content and/or third-party software. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
14.1. The Provider endeavours to keep the rates and fees posted on the Web Site current. However, rates, fees and information are subject to change at any time without notice and the posted rates and fees may not immediately reflect such changes. Access to Electronic Services and user accounts may be limited or unavailable during periods of peak demand and/or for other reasons that may not be within the Provider’s control.
14.2. The Provider reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. The Subscriber agrees that the Provider has the right, without liability to the Subscriber, to disclose any account information to law enforcement authorities, government officials, and/or a third party, as the Provider believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms and Conditions (including but not limited to the Provider’s right to cooperate with any legal process relating to the Subscriber’s use of the Web Site and/or Electronic Services, and/or a third-party claim that the Subscriber’s use of the Web Site and/or Electronic Services is unlawful and/or infringes such third party's rights).
15. GOVERNING LAW
The Terms and Conditions shall be governed and construed in accordance with the laws of Singapore. The Provider and Subscriber hereby irrevocably submit to the non-exclusive jurisdiction of Singapore courts for any dispute in connection with the Terms and Conditions.
Last updated: 21st June 2016