- Terms and Definitions
NeraSignal Ltd: means the NeraSignal Ltd company which is the owner and the copyright owner of the website NeraSignal.com.
NeraSignal Software Corp.: means the NeraSignal Software Corp. company.
NeraSignal.com Services: mean services, including, but not limited to, Market, Signals, Freelance, Blogs, Articles, Virtual Hosting and NeraSignal.com Cloud Network controlled by NeraSignal Ltd and available on NeraSignal.com which allow the registered Users to receive additional materials or services on NeraSignal.com under certain terms of service.
You: means you as a NeraSignal.com User (‘Your’ and ‘Yours’ shall be construed accordingly).
NeraSignal Software Corp. Software: means the software which is developed and owned by, and copyright of, NeraSignal Software Corp., under the registered trademarks “MetaTrader”, “MetaTrader 5”, “MQL4”, “NeraSignal.com” together with any updates, upgrades, revisions, modifications, new versions and related components, including, but not limited to, the MetaTrader 4/5 Trading Terminals, MQL4/MQL5 IDE, User Interface, Documentation and NeraSignal Software Corp. Website.
Client Terminal: means MetaTrader 4 or MetaTrader 5 trading terminal which represents a trader’s workstation and enables a trader to perform trading operations in financial markets.
Affiliated Entities: mean any corporation, company or other entities that directly or indirectly control the operation of NeraSignal Ltd controlled by NeraSignal Ltd or that are together with NeraSignal Ltd controlled by third parties. For purposes of this document, “to control” and “controlled by” shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
Content: means any and all content, consisting of text, sounds, pictures, design, photos, video and/or any type of information or communications.
Trademarks: mean trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
Intellectual Property Rights: mean patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, computer software rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
NeraSignal Software Corp. Website: all elements, content and style (look and feel) of the website, including third level domains, with the URL addresses www.NeraSignal.net, www.metatrader4.com and www.metatrader5.com (among other URL addresses) from which the NeraSignal Software Corp. Software can be downloaded.
NeraSignal Ltd Website: all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address NeraSignal.com.
NeraSignal Ltd Online Materials: mean materials available for downloading from the NeraSignal Ltd Website, as well as any changes made by NeraSignal Ltd in its sole discretion.
NeraSignal Ltd Advertising Materials: any and all trademarks, names, brands, signs, logos, banners, and any other materials, in whatever form, owned and/or used by NeraSignal Ltd for the promotion of the company, its products, services and activities.
NeraSignal Ltd Employees: officers, directors, employees and representatives of NeraSignal Ltd or Affiliated Entities, as well as any other persons employed by NeraSignal Ltd or its Affiliated Entities.
Account or NeraSignal.com ID: means an account of website user with Login and Password created for Your use of NeraSignal.com.
Login: means an identification code which, in combination with the Password, gives You access to Your Account.
Password: means a code You select, which, in combination with the Login, gives You access to Your Account.
Payment Processor: means a third-party payment system authorized by NeraSignal Ltd to provide payment processing services related to financial transactions in NeraSignal.com Services.
Payment Account: means a financial account issued by the Payment Processor in its payment system pursuant to a separate agreement with a User whose use of the Payment Account must be approved by the Payment Processor.
Funds: User’s funds that can be used to make purchases in the NeraSignal.com Services. The data on Funds is displayed in the User’s Client Area.
Client Area: User’s personal web page on NeraSignal Ltd Website with the URL address NeraSignal.com, containing User’s personal details, data from the appropriate NeraSignal.com Services and data on the amount of Funds a User has the right to control when making purchases in NeraSignal.com Services.
Personal Data: User’s personal details provided by him/her when registering on NeraSignal Ltd Website or using NeraSignal Ltd Website functionality and NeraSignal.com Services.
1.2. Words used in singular form include the plural, and vice versa, as appropriate.
1.3. Any words following the terms (in any form) “including”, “among other things”, “in particular” and similar expressions shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
You agree that NeraSignal Ltd is not responsible for the materials, software, products or third party services that may be published or distributed on NeraSignal.com.
The website NeraSignal.com is available for use by persons aged 18 and older.
2.5. Before using the Trading Terminal, Products, Software and NeraSignal Software Corp. Website, You must read and agree to the relevant license agreements and additional terms regarding the products or services offered by NeraSignal Software Corp. You can accept such agreements or terms by clicking the appropriate button or as otherwise suggested by NeraSignal Software Corp. or by using the Client Terminal, NeraSignal Software Corp.’s Products, Services and Website whereby You agree and acknowledge that by such use You accept the relevant agreements or terms.
Rules of Using the Market Service – https://nerasignal.com/rules-of-using-the-market-service/
Market Service Terms of Usage – https://nerasignal.com/market-terms-of-use-agreement/
Market Developer Distribution Agreement – https://nerasignal.com/market-terms-of-use-agreement/
Rules of Using the Signals Service – https://nerasignal.com/rules-of-using-the-signals-service/
NeraSignal.com Signals Service Distribution Agreement – https://nerasignal.com/nerasignal-com-signals-service-distribution-agreement/
We reserve the right to revise and update any of these Agreements, Terms and Rules from time to time. Such changes shall be effective upon their publication on the NeraSignal.com site. Before using any of NeraSignal.com Services, You are required to read and accept the corresponding Rules, Additional Terms and Additional Agreements.
2.7. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the website NeraSignal.com or NeraSignal.com Services.
2.8. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
2.9. If You are a resident of a jurisdiction where the use of the NeraSignal Software Corp. Software or the website NeraSignal.com or NeraSignal.com Services is prohibited by law due to different requirements or a complete ban on the use of the NeraSignal Software Corp. Software or the website NeraSignal.com or NeraSignal.com Services in any such jurisdiction, do not install or use them.
2.10. Use of the website NeraSignal.com requires compatible devices (computer, mobile phone, etc.) and Internet access. The website NeraSignal.com may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the website NeraSignal.com. NeraSignal Ltd will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that NeraSignal Ltd cannot give any warranties in this respect.
- Use of the Website NeraSignal.com
3.2. You agree that NeraSignal Ltd may, in its sole discretion and without prior notice, suspend or terminate the provision of any NeraSignal.com Service or access to the website NeraSignal.com (or its functions) to You personally or all Users.
3.3. NeraSignal Ltd. may engage the services of consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be bound by the same obligations as NeraSignal Ltd.
3.4. NeraSignal Ltd may make available to You various payment processing methods. You agree to abide by any relevant terms and conditions or other legal agreement, whether with NeraSignal Ltd or a third party, that governs Your use of a given payment processing method. You agree that NeraSignal Ltd may add or remove payment processing methods in its sole discretion and without notice to You.
3.5. NeraSignal Ltd may discover that the content, materials, products or services published or distributed on NeraSignal.com violate any Additional Terms or Additional Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case NeraSignal Ltd reserves the right to discontinue the distribution of, remove or stop the publication of, such content, materials, products or services, in its sole discretion or as required by the relevant government authorities.
3.7. You agree not to use the website NeraSignal.com by any means other than through the interface that is provided by NeraSignal Ltd on NeraSignal.com or the NeraSignal Software Corp. Software interface, unless You have been specifically allowed to do so in a separate agreement with NeraSignal Ltd. You specifically agree not to access the website NeraSignal.com through any automated means, including use of scripts, crawlers, or similar technologies.
3.8. You agree that You will not engage in any activity that interferes with or disrupts the operation of the website NeraSignal.com (as well as the servers and networks which service the website NeraSignal.com).
3.9. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the website NeraSignal.com, unless you have been specifically permitted to do so in a separate agreement with NeraSignal Ltd. You must retain all copyright and other proprietary notices contained in the original materials on any copy You make of the materials of the Content. You may not modify the Content in any way or publicly display, reproduce or distribute it. The website NeraSignal.com is the property of NeraSignal Ltd. The NeraSignal Ltd Websites are protected by international copyright laws. Any unauthorized use of the NeraSignal Ltd Websites may violate copyright laws, trademark laws and other laws.
3.11. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the website NeraSignal.com and NeraSignal.com Services, and that the reporting and payment of any such applicable taxes are Your responsibility.
3.12. NeraSignal Ltd reserves the right (but shall have no obligation) to pre-screen, moderate, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the website NeraSignal.com. However, You agree that by using the website NeraSignal.com You may be exposed to materials, products or services that You may find offensive, indecent or objectionable, in which case you can submit a relevant claim to NeraSignal.com website’s support service using the “Contacts and requests” page.
3.13. You agree that NeraSignal Ltd and its Affiliated Entities own all right, title and interest in and to the NeraSignal.com website. You agree that NeraSignal Ltd has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the website NeraSignal.com and NeraSignal.com Services that are provided by their respective authors or other copyright owners. You agree that You will not, and will not allow any third party to, (I) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the software located on the website NeraSignal.com, unless otherwise permitted, (II) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the materials, products and services, (III) use the Content, materials, products or services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (IV) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of NeraSignal Ltd, NeraSignal Software Corp. or any third party, affixed to or contained within the Content, materials, products or services.
3.16. You shall not access or attempt to access an Account that You are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the website NeraSignal.com or NeraSignal.com Services. Violations of system or network security may result in civil or criminal liability.
3.17. You agree not to carry out illegal acts directed at massive attraction of visitors to the NeraSignal.com website. Any unauthorized massive advertising campaigns concerning NeraSignal.com website services are prohibited.
3.18. Each User further represents, warrants and agrees that he/she shall:
a) carry on their activities on the NeraSignal Ltd Website in compliance with any applicable laws and regulations;
b) conduct their business transactions with other NeraSignal.com Services Users in good faith;
d) not use NeraSignal.com Services or NeraSignal Ltd Website to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage any unlawful or fraudulent activities;
h) not attempt to copy, reproduce, exploit or expropriate NeraSignal Ltd Website’s various proprietary directories, databases and listings;
i) not distribute any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by NeraSignal Ltd Website and/or any User of NeraSignal.com Services or gain unauthorized access to such data, systems or networks;
k) not engage in any activities that would otherwise create any liability and/or financial losses for NeraSignal Ltd or its affiliates.
3.19. The User shall not use NeraSignal Ltd Website, NeraSignal.com Services or Account to engage in activities which are identical or similar to the NeraSignal.com website business.
3.21. The User acknowledges and agrees that NeraSignal Ltd reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through NeraSignal.com Services or NeraSignal Ltd Websites. NeraSignal Ltd does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.22. The User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the NeraSignal Ltd Website and NeraSignal.com Services are in compliance with the same.
a) upon complaint or claim from any third party, if NeraSignal Ltd has reasonable grounds to believe that such User has willfully or materially failed to perform his/her contract with such third party including without limitation where a User who supplies products or services using NeraSignal.com Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such User has delivered materially fail to meet the terms and descriptions outlined in the contract with such third party;
b) NeraSignal Ltd has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party;
c) NeraSignal Ltd has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading;
d) NeraSignal Ltd believes that the User’s actions may cause financial loss or legal liability to NeraSignal Ltd or its affiliates or any other Users;
e) if a bank or credit card issuing company cancels the payment in favor of NeraSignal Ltd at Your request (You request a chargeback), we may block Your account or restrict the use of a relevant Payment system;
f) if NeraSignal Ltd detects any signs of fraud or suspicious activity related to any payments within NeraSignal.com Services, we may set a limit of expenses for Your account or block it.
3.25. NeraSignal Ltd reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, NeraSignal Ltd may disclose the User’s contact information and/or information regarding the User’s account(s), transactions or activities carried out on or via the NeraSignal Ltd Website, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. NeraSignal Ltd shall not be liable for damages or results arising from such disclosure, and the User agrees not to bring any action or claim against NeraSignal Ltd for such disclosure.
3.26. NeraSignal Ltd may, at any time and in its reasonable discretion, impose limitations on, suspend or terminate the User’s use of any NeraSignal.com Services or the NeraSignal Ltd Website without being liable to the User if NeraSignal Ltd has received notice that the User is in breach of any agreement or undertaking with any affiliate of NeraSignal Ltd including without limitation NeraSignal Software and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. NeraSignal Ltd reserves the right to, but shall not be required to investigate such breach or request confirmation from the User.
3.28. Through the NeraSignal.com website, NeraSignal Ltd provides electronic web-based platforms for exchanging information between buyers and sellers of licenses, products and services, conducting transactions, as well as placing, arranging and fulfilling orders based on the relevant Additional Agreements, Rules and Additional Terms. However, NeraSignal Ltd does not represent either the seller or the buyer in specific transactions regardless of the conditions. NeraSignal Ltd does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services in NeraSignal.com Services offered for sale on the NeraSignal Ltd Website, or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
3.29. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. NeraSignal Ltd uses several techniques to verify the accuracy of certain information Users provide us when they register to make payments on NeraSignal.com Services. However, because User verification on the Internet is difficult, NeraSignal Ltd cannot and does not confirm each User’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
3.30. Buyers and sellers accessing or using the NeraSignal Ltd Website or NeraSignal.com Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the NeraSignal Ltd Website or NeraSignal.com Services. Buyers and sellers accessing or using the NeraSignal.com website or NeraSignal.com Services shall fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services in NeraSignal.com Services that are the subject of the transactions on the NeraSignal Ltd Website. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the NeraSignal Ltd Website may violate or may be asserted to violate third party rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of third party rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the NeraSignal Ltd Website or NeraSignal.com Services. All of the foregoing risks are referred to as “Transaction Risks”. NeraSignal Ltd is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
3.31. Buyers and sellers on the NeraSignal Ltd Website are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the NeraSignal Ltd Website or NeraSignal.com Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations stipulated by the relevant agreements of individual NeraSignal.com Services.
3.32. The User agrees to provide all information and materials as may be reasonably required by NeraSignal Ltd in connection with Your transactions conducted on, through or as a result of use of the NeraSignal Ltd Website or NeraSignal.com Services. NeraSignal Ltd has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
3.33. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify NeraSignal Ltd (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
- Submission of User Materials on NeraSignal.com
4.1. The User shall not post or transmit through the website NeraSignal.com any materials that:
are unlawful, threatening, abusive, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, indecent or otherwise objectionable;
to a certain extent, discredit the honor, dignity, business reputation, legal rights and interests of other persons;
promote hatred towards persons or a group of persons based on religion, race or ethnic origin, and constitute attempts to incite hostility or violence;
could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law or contractual obligation;
4.2. Any conduct by a User that in the sole discretion of NeraSignal Ltd restricts or inhibits any other NeraSignal.com User from using and enjoying his or her rights is prohibited.
4.3. The User shall not post or transmit through the website NeraSignal.com any commercial, advertising or promotional materials for goods or services without prior written consent of NeraSignal Ltd. The User shall not use the Website to advertise or otherwise promote sales of any goods and services in any form whatsoever.
4.4. The User shall not upload, post or otherwise make available on NeraSignal.com any material protected by intellectual property law (including copyright, trademark law, etc.) or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material posted by the User on NeraSignal.com is not protected by copyright, neighboring or third party rights rests with the User.
4.6. By submitting any materials to the sections of NeraSignal.com for public use, the User automatically grants (or warrants that the owner of such materials has expressly granted NeraSignal Ltd) NeraSignal Ltd, its partners and Affiliated Entities the royalty-free, perpetual, irrevocable, non-exclusive right (non-exclusive license) to use, post, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations or other optimizations), communicate, publish, publicly perform, publicly display and distribute such materials, worldwide for the full term of any copyright that may exist in such material as stipulated by local laws. The above rights are used for the limited purpose of operating, promoting, and improving the website NeraSignal.com. No additional formality, including that in writing, will be required for the rights granted by the User to be recognized. This license shall continue even if You stop using the website NeraSignal.com. Before You submit to NeraSignal Ltd any materials and thus grant this license for their use, make sure You have the necessary rights to do so.
- Privacy and Personal Data Protection.
5.1. We use personal data, which help us to create, develop, manage, provide and improve our Services and contents, as well as to protect against fraud and copyright violation.
5.2. We may occasionally use Your personal data to send You important notices of changes in our Terms of Services or Policies. We may also use personal data for internal purposes, such as auditing, data analysis and research, which enable us to improve our Services.
5.4. To find out more about how we collect and use the information you provide, please read our Privacy and Data Protection Policy and Cookies Policy.
NeraSignal Ltd will be forced to do so pursuant to the law;
You cease to be a User;
NeraSignal Ltd decides to terminate the operation of the NeraSignal.com website.
- Disclaimer of Warranties
7.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE NeraSignal.com IS AT YOUR SOLE RISK AND THAT THE WEBSITE NeraSignal.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE NeraSignal.com IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON NeraSignal.com ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NeraSignal Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.2. YOU AGREE TO USE THE WEBSITE NeraSignal.com AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE NeraSignal.com AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
7.3. NeraSignal Ltd FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
- Limitation of Liability
8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NeraSignal Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE NeraSignal.com, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NeraSignal Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. NeraSignal Ltd IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. NeraSignal Ltd IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE NeraSignal.com IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.
9.1. You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold NeraSignal Ltd, its Affiliated Entities and each of their respective directors, managers, employees and agents, as well as Authorized operators, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys’ fees), arising from or relating to:
infringement of any copyright, trademark right, trade secret, vendibility, patent or other intellectual property right of any third party, damage of any third party’s reputation or violation of publicity or privacy right of any third party, in connection with any material posted by the User on the website NeraSignal.com.
- General Legal Terms
11.2. You acknowledge that the failure of NeraSignal Ltd to exercise or enforce or delay of NeraSignal Ltd in exercising or enforcing any legal rights or remedies provided hereunder (or by any applicable law) shall not constitute a waiver of such rights or remedies on part of NeraSignal Ltd and that such rights and remedies will continue to be available to NeraSignal Ltd.
- Purchases, Payments and Refund Policy
Money transfers made through a Payment Processor may subsequently be canceled, for example, in case of a chargeback, a payment cancellation, a claim or for any other reason. Accordingly, the funds You obtain can be returned from Your Payment Account back to the sender in accordance with the rules and procedures of the Payment Processor.
NeraSignal Ltd does not store Users’ payment details and card numbers. When a User deposits Funds or makes a purchase in NeraSignal.com Services, the data is verified by a Payment Processor the User has selected to make the payment. However, upon receipt of a separate explicit permission from the User, NeraSignal Ltd may store the payment token of the User’s bank card for binding the bank card to the NeraSignal.com account for the convenience of the User and speeding up payments in NeraSignal.com Services without re-entering the bank card details.
All purchases in NeraSignal.com Services are final. No refund or replacement of a product or a service is provided unless there are objective reasons, such as incorrect operation of an application or inconsistency with a description. By purchasing digital content in NeraSignal.com Services (for example, licenses for software applications in the Market service or a signal subscription in the Signals service), You agree not to use the right of withdrawal stipulated by law.
12.2. Detailed requirements and conditions of purchases and payments in NeraSignal.com Services are described in the corresponding Rules, Additional Terms and Additional Agreements.
12.3. In order to make purchases in NeraSignal.com Services, You must have a valid Payment Account under a separate agreement with a Payment Processor. All financial transactions on the NeraSignal.com website shall be performed in accordance with the “Payments and payment methods” document published at https://nerasignal.com/terms-of-use/. Please read this material carefully before you make purchases in NeraSignal.com Services.
12.5. NeraSignal Ltd uses only those methods of depositing/withdrawing funds that are reflected on the NeraSignal Ltd Website.
12.6. Prices in NeraSignal.com Services shall be expressed in US dollars. NeraSignal.com Services may display the prices to Users in their native currency, but they shall not be responsible for the accuracy of currency rates or conversion.
12.7. In executing financial operations in NeraSignal.com Services, You are responsible for paying all applicable taxes, duties and customs duties relating to financial transactions in NeraSignal.com Services, including any related penalty or interest.
12.8. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the NeraSignal.com website and NeraSignal.com Services. You will be held responsible for failure to comply with any applicable tax law.
12.9. In order to be able to make purchases in NeraSignal.com Services, a User should register on the NeraSignal.com website. When registering, a User agrees to provide reliable and relevant information by filling out the appropriate registration form.
12.10. The data entered during a registration should correspond to a true and correctly indicated User’s name/surname. NeraSignal Ltd has the right to request a document proving a User identity (including, but not limited to, a copy of the passport, ID card or any used payment card) at any time to confirm the provided data. If a User has not provided or cannot provide such information, NeraSignal Ltd has the right to suspend the User’s payment transactions in NeraSignal.com Services until the User provides the required information, and/or permanently disable financial transactions for the User on the NeraSignal.com website in case of the User’s failure to provide the required information.
12.11. The User shall use only one unique NeraSignal.com ID on the NeraSignal.com website. In case additional/repeated User accounts are detected, all of them shall be closed. NeraSignal Ltd also reserves the right to invalidate all payment transactions made from additional/repeated accounts.
12.13. The User confirms that he/she is a full owner of the Funds, and the Funds deposited to the Client Area have no criminal and/or illegal origin. All information a User provided during the registration process and/or afterwards, including information provided as part of any transaction that requires the depositing of Funds, is true, relevant, accurate and fully corresponds to the name(s) on the credit/debit card(s) or other Payment Accounts that are to be used to deposit/withdraw funds to/from the User’s Payment Account.
12.14. NeraSignal Ltd has the right to impose limits on depositing or withdrawing Funds in accordance with the internal security policy.
12.15. The User acknowledges and agrees that his/her Funds, the balance of which is displayed in the Client Area, are not a bank account, and therefore, no insurance, guarantee, replenishment or other protection tools from deposit insurance or bank insurance, as well as from any similar insurance systems, apply to him/her. No interest is paid on the User’s Funds.
12.16. While using a specific payment method, a User shall make sure that the Payment Account is opened in his/her behalf with this Payment Processor. NeraSignal Ltd is not responsible to a User whose name is different from that registered in the Client Area.
12.17. The User agrees not to refuse from previous transactions or to deny or cancel any payments made by him/her that could cause a third party to return the payment in order to avoid any legal liability.
12.18. In case of suspicious or fraudulent money deposits, including the use of stolen credit cards and/or any other fraudulent activity (including any refunds or payment cancellations), NeraSignal Ltd has the right to request additional information about the client and/or the origin of funds and reserves the right to block the User’s Funds, cancel any payments and recover funds in case the User is unable to provide requested information/documents in full and/or submitted information/documents are invalid. We have the right to inform the relevant authorities and/or organizations (including credit information agencies) of any payment fraud or other illegal activities.
12.19. To withdraw Funds, a User shall submit the appropriate funds withdrawal request from the Client Area. To do this, the User should select one of the payment systems indicated on the NeraSignal Ltd Website and click on the appropriate link specifying all the necessary data.
12.20. Users’ funds withdrawal requests are processed by the financial department during business hours on a first-come, first-served basis.
12.21. NeraSignal Ltd is not responsible for the activities (errors, delays) of the Payment Processors, through which the User deposits/withdraws Funds. In case of a cancellation of a transaction by a Payment Processor, NeraSignal Ltd also cancels the corresponding transaction on the NeraSignal.com website.
12.23. The User shall use his/her Funds only for making purchases in NeraSignal.com Services. All other operations (transferring funds to other payment systems, paying for various services, etc.) are prohibited.
12.24. NeraSignal Ltd reserves the right to refuse to accept Funds from any person without explanation, as well as refuse to register on NeraSignal Ltd Website and/or delete the Account in case of obvious violations by the User.
12.25. The User is fully responsible for keeping the data on his/her NeraSignal.com ID and Password confidential, as well as responsible for any actions and transactions performed with the User’s Funds, including all losses incurred by the User through the actions of third parties.
12.26. The User agrees to immediately notify NeraSignal Ltd of any case of unauthorized access to his/her Funds and/or any violation of the security of his/her NeraSignal.com ID. The User agrees to provide evidence of such unauthorized access upon request. Under no circumstances shall NeraSignal Ltd be liable for any damage incurred by the User as a result of improper use of his/her NeraSignal.com ID, Login or Password by another person, or for unauthorized access to the User’s Client Area, regardless of whether they were authorized by the User or carried out without the User’s knowledge.
12.28. Under EU law, You have the right to cancel your purchase of digital content, such as software applications or subscriptions to digital content, within 14 days. However, when purchasing such content (or subscribing to it) in NeraSignal.com Services, You agree that it will be provided to You immediately, and thereby waive Your statutory right of withdrawal. Consequently, You shall not be able to claim a refund or other reimbursement if You receive the content in proper condition.
12.29. No refund can be obtained after Your subscription to digital content begins. If You no longer want to use a subscription, You can cancel it. The access to the content remains till the end of the paid period.
12.30. Refund methods. If purchased digital content does not match the description in NeraSignal.com Service or does not work correctly, You can contact the software developer or the signal provider for help or request a refund on the NeraSignal.com website by contacting the administration via the Client Area.
12.31. Refunds are made only for objective reasons, such as incorrect application operation or inconsistency with the description in NeraSignal.com Services. After a User submits the appropriate request, a decision on a refund is made within 14 business days. If it is positive, the funds are deposited to the NeraSignal.com account.