DYNAMIC TRADER LIMITED WEBSITE TERMS AND CONDITIONS
These are the website terms and conditions (“Terms”) of the website (the “Website”) of Dynamic Trader Limited, with a registered address of 61 Victoria Road, Suite 152 – Pegaxis House, Surbiton KT6 4JX, England (registered company number 06063210). A User’s access to the Website is subject to these Terms. In using this Website, each User hereby agrees to be subject to these Terms.
IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE
- WEBSITE INFORMATION
1.1 This website is an information-only Website for the Dynamic Trader Trading Room Community (“TRC”) and you (the “User”) agree to use it for information purposes only. This Website contains opinions, news, research, analyses, prices, blogs, analysis, text, data, materials, graphics, photographs, videos, illustrations, artwork, names, logos, trade marks, service marks and information (“Information”). Certain files of Information are available for downloading from the Website. These files of Information are subject to these Terms. You acknowledge that Your access to other websites or networks provided by third parties may require Dynamic Trader to provide certain of Your personal data to that third party in order for a service to be provided to You.
1.2 Dynamic Trader Limited (“Dynamic Trader”, “We”, or “Us”) will perform commercially reasonable endeavours to ensure that Information on the Website is accurate. However, Information is provided “AS IS” and on an “AS AVAILABLE” basis and may not be accurate or up to date.
1.3 Users of this Website use it at their own risk. It is strongly recommended that any Information contained on this Website, including any particular trade or trading strategy, is verified by a User in reliance upon alternative suitably qualified/licensed independent financial sources before the User makes any trading or financial investment decision(s). The information on this Website is not directed at the residents of a specific country and is not intended for distribution or use in a country where such use of information would be contrary to applicable law or regulation.
1.4 Users of this Website are required to follow the principles set out below:
The Dynamic Trader Trading Room Community provides a collaborative environment for Users to interact with other Dynamic Traders. Your activity as a User of the TRC must comply with the following:
1.4.1 TRC is here to help Users understand the Dynamic Trader methodology. As you have been granted access to the TRC, please become actively involved. Both your questions and answers will help everyone;
1.4.2 Users should start a discussion thread on TRC with a meaningful title;
1.4.3 In order to be understood by other Users, each User should use correct spelling and grammar and avoid the use of slang;
1.4.4 Users should not double post or cross post (placing the same message on the same thread or across several threads);
1.4.5 – Users should not use words such as ”urgent” or ”important” in the subject line, be patient.
1.4.6 – Users should not chastise other traders, for example, those who are beginning their trading journey;
1.4.7 – Users should respect other traders’ time:
When asking for help, write concisely and try to limit the length of the post;
If asking a question, please provide at least one solution yourself and a screen capture if need be using a computer-based screenshot;
Do not add a photo of a computer screen to TRC taken from a handheld camera device. TRC maintains a high quality in a respectful manner of published content.
1.4.8 – Everything in TRC stays in TRC (i.e. no public posts or Tweets, etc). You must not carry on a business that competes with Dynamic Trader of training about trading or investing. We share confidential information here and this cannot be shared publicly. Our trading methods are unique and for everyone’s benefit. TRC members may also share private information and we must respect each other’s confidentiality. Breach of the confidentiality clause will result in expulsion from the TRC;
1.4.9 – Users should be respectful to other members. Disagreement is acceptable and discussion is encouraged. Personal or petulant remarks, including accusations of wrong doing are not permitted in TRC. Users should not openly argue with administrators/moderators or criticise in general. Users should send Dynamic Trader a private message, in the event that a contentious issue arises;
1.4.10 – TRC is a ‘no sales zone’. Under no circumstances is a User to market or sell products or services to other TRC community members. Any attempt to sell or market to the community will result in expulsion from the TRC;
1.4.11 – TRC is a discussion forum for trading only. Users must keep all communications relevant and on topic. News is informative, statements are interesting, questions provoke thought but judgements limit exploration. Use each one wisely;
1.4.12 Users may not make suggestions of new features or improvements for Dynamic Trader on TRC. TRC is a trading related forum only. Suggestions should only be provided through email to Dynamic Trader.
1.4.13 – Users may not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content which is abusive, threatening, hateful or otherwise discriminatory on the grounds of gender, race, nationality, religion, sexual orientation, disability or age. Users may not submit User Content that is libellous or otherwise defamatory of any individual or organisation. Users may not submit User Content that is sexually explicit, pornographic, vulgar, violent, obscene or intended to promote or incite violence;
1.4.14 – Users may not impersonate or pass themselves off as other people, particularly employees and representatives of Dynamic Trader or its affiliates;
1.4.15 – Users may not submit User Content that may contain Malicious Software or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks. The private message (PM) system of TRC allows users to send messages to other members in private. Where applicable, the same guidelines apply to the PM system as apply to messages posted on TRC;
1.4.16 – Users may not use the Service for unauthorised mass-communication such as spam or junk mail;
1.4.17 – In submitting User Content, Users warrant and represent that they are the author of such material or that they have acquired all of the appropriate rights and / or permissions to use the material in this fashion. Further, Users waive all moral rights in the User Content to be named as its author and grant Dynamic Trader a non-exclusive, royalty-free, fully paid worldwide, perpetual licence to modify the User Content as necessary for its inclusion on TRC and the Website;
1.4.18 – Dynamic Trader does not screen User Content prior to it appearing on the TRC. Dynamic Trader retains the right to exercise at its sole discretion to remove or relocate any User Content as it deems appropriate without the consent of the author. Dynamic Trader shall be under no obligation to exercise such discretion. If Users wish to inquire as to the removal of User Content, queries should be submitted to Dynamic Trader. This does not constitute an undertaking by the Dynamic Trader to explain its actions;
1.4.19 – Users acknowledge that Dynamic Trader may retain copies of any and all communications made using TRC. Any content posted on TRC becomes part of the TRC even if the User is no longer a member of the TRC or a user of the Website;
1.4.20 – Dynamic Trader administrators have the final say in respect of any questions or disputes arising on TRC. If a User has an unresolved issue, the User must detail this in an email to be sent to Dynamic Trader. The creation of threads or posts that question or reference administrative decisions or potential administrative decisions is not permitted and may result in the User(s) being removed;
1.4.21 – Dynamic Trader retains the right to exercise at its sole discretion to remove any User from the TRC network and terminate the Website membership should there be a material breach of these terms. This includes but is not limited to Users who have been deemed to be inactive for a certain period of time; and
1.4.22 – If an account is inactive for a period of time or an accurate user profile photo has not been uploaded then the account may be removed without notification.
- EXCLUSION OF LIABILITY
Dynamic Trader, its employees, representatives, agents or bloggers accept no responsibility for:
2.1. the accuracy or completeness of any Information; or
2.2. any forecasts or recommendations contained on this Website; or
2.3. any errors, omissions, or inaccurate information on the Website; or
2.4 any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such Information. We shall not be responsible for any loss (whether financial or other) arising from any Information contained on the Website or for any actions that a User takes, or does not take.
2.5 THE INFORMATION ON THIS WEBSITE SHOULD NOT, UNDER ANY CIRCUMSTANCES, BE CONSTRUED AS:
2.5.1. providing a trade recommendation or the giving of investment advice; or
2.5.2. an express or implied promise, guarantee or implication by Us that you will profit from the analysis or any other information on the Website, or that your losses incurred by you in connection with your use of the Website can or will be limited.
2.6 Any Information contained on this Website is provided as general market commentary only, and for no other purpose.
2.7 INVESTING OR TRADING, IN CURRENCIES, STOCKS, SHARES, COMMODITIES, INDICES, FINANCIAL MARKETS, DERIVATIVES OR SECURITIES OF ANY KIND IS VERY SPECULATIVE AND MAY RESULT IN SUBSTANTIAL LOSSES AS WELL AS PROFITS. TRADING IS NOT SUITABLE FOR MANY MEMBERS OF THE PUBLIC AND ONLY RISK CAPITAL SHOULD BE USED. WE DO NOT TAKE INTO ACCOUNT OR TAKE ANY RESPONSIBILITY FOR ANY SPECIAL INVESTMENT OR TRADING GOALS OF A USER OR INVESTOR, OR THE FINANCIAL SITUATION OR SPECIFIC REQUIREMENTS OF INDIVIDUAL USERS AND INVESTORS. INFORMATION IS NOT OFFERED AS ADVICE ON ANY PARTICULAR MATTER AND MUST NOT BE TREATED AS A SUBSTITUTE FOR SPECIFIC QUALIFIED/LICENSED ADVICE. IN PARTICULAR, INFORMATION DOES NOT CONSTITUTE PROFESSIONAL, FINANCIAL OR INVESTMENT ADVICE GIVEN BY DYNAMIC TRADER AND MUST NOT BE USED BY A USER AS A BASIS FOR MAKING TRADING OR INVESTMENT DECISIONS. THE PROVISION OF SUCH INFORMATION IS IN NO WAY INTENDED, DIRECTLY OR INDIRECTLY, AS AN ATTEMPT TO MARKET OR SELL ANY TYPE OF FINANCIAL INSTRUMENT. ADVICE FROM A SUITABLY QUALIFIED/LICENSED PROFESSIONAL SHOULD ALWAYS BE SOUGHT IN RELATION TO ANY PARTICULAR TRADE OR INVESTMENT DECISION AND IN RELATION TO SPECIFIC MATTERS OR CIRCUMSTANCES AFFECTING A USER’S DECISION.
2.8 To the maximum extent permitted by applicable law, Dynamic Trader, its employees, representatives, agents or bloggers expressly disclaim all liability, whether direct or indirect and howsoever arising whether in contract, tort or otherwise (including, but not limited to, liability for any negligent act or omissions) to any person in respect of any claims or losses of any nature, arising directly or indirectly from:
2.8.1. anything done, or the consequences of anything done or omitted to be done wholly or partly in reliance upon Information, use of or access to the Website, or a failure by Dynamic Trader to provide the Website; and
2.8.2. the use of any Information on this Website or unauthorised access to this Website or otherwise. Dynamic Trader will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
3.1 All warranties, including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of applicable law.
3.2 Further, Dynamic Trader does not warrant that the Website will be uninterrupted or error-free or that any defects will be corrected.
- THIRD PARTY ADVERTISING
4.1 We may from time to time allow third parties to place advertisements on the Website. Third party advertisements are clearly labelled as such. We do not endorse and are not responsible for the content of any third party advertisement on this Website or otherwise. Please refer to the websites of the third party advertiser for the specific terms and conditions of that advertiser.
4.2 Dynamic Trader may also use third party platforms to communicate with Users, such as Facebook or Workplace, and any advertising that is received by a User through the use of such third party platforms will not be under the control of Dynamic Trader. We are not responsible for any third party website or website content (including, without limitation, any advertising appearing) which can be accessed through this Website. The Website includes links to other websites for information purposes only and makes no representation whatsoever about any such link, website or content.
- NO LINKS TO THIS AND OTHER WEBSITES
You may not frame, link or deep-link this Website to any other website without Our prior written consent. Should you wish to frame or to set up a link / deep-link to this Website please contact Us. Any framing, linking or deep-linking of this Website in breach of this clause will constitute a material breach of these terms.
- COPYRIGHT AND REPRODUCTION NOTICE
6.1 Except as is otherwise indicated, We are the owners of the copyright in all the Information and of all related intellectual property rights (including in any software/downloads, unless expressly stated to be licensees of such software/downloads), including but not limited to all patents, trade secrets database rights, trade marks, registered trade marks, service marks and logos.
6.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication in any form.
6.3 You are not permitted (except where you have been given express permission by Us to do so) to adapt or modify the Information on this Website or any part of it and the Information or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.
6.4 As a User, You undertake that You must not carry on a business that competes with Dynamic Trader of training about trading or investing. Any breach of this clause will constitute a material breach of these terms.
- MALICIOUS SOFTWARE
Whilst Dynamic Trader uses commercially reasonable endeavours to protect this Website from malicious software including for example but without limitation, computer viruses, worms, and Trojan Horses (“Malicious Software”), We do not warrant that the Website is free from such Malicious Software and accept no liability for any damage that may result from the transmission of any Malicious Software via this Website or via any files which are available for You to download from the Website.
We reserve the right, at Our discretion, to make changes to any part of the Website, the information or these Terms at any time. By continuing to use the Website, you agree to be bound by these Terms as amended.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country. This clause will have no effect in a country if the severance alters the basic nature of the Terms or is contrary to public policy in that country.
You may have an account name and password in order to access the Website. It is a User’s responsibility to keep such details confidential and not disclose them to an unauthorised party. Each User acknowledges and agrees that any communication made by that User on the Website is at the User’s own risk.
Dynamic Trader has the right to terminate a User’s use or access to the Website in the event that Dynamic Trader decides in its sole discretion that a User has breached these Terms.
Upon expiration or cancellation of a membership, the user will no longer have access to the areas reserved solely for members such as the members website, trading community, trading tools, webinars or online documentation.
- GOVERNING LAW
These Terms are subject to English law and to the exclusive jurisdiction of the English courts.