Terms of Marketplace
Introduction
Hi, we’re PoshTrader and welcome to PoshTrader Marketplace, a marketplace of trading tools created by programmers and fintech specialists from around the world. When we say ‘we’, ‘us’, or ‘The Company’ it’s because that’s who we are and we own and run the PoshTrader Marketplace platform.
When you create a Marketplace account and accept these terms you become a member of our Marketplace. During your time with us, you agree to follow the basic rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sorry, but you will need to leave because your presence on and use of the Marketplace platform is conditional on your acceptance to be bound by these terms whether you become a member or not.
The Products on the Marketplace are owned by the respective rightsholder. They are licensed to you under the terms of the Marketplace in the direction of us and Authors.
Browsing the Marketplace
You need to be 18 years or over to browse PoshTrader Marketplace. We don’t intentionally collect any data from anyone aged under 18. When browsing the Marketplace, you agree to follow our guidelines and keep in mind that these terms apply to any use of the Marketplace whether or not you’re a member.
Content available to browsing users
On certain parts of the Marketplace, a limited range of content is made available to you without the requirement of a Marketplace membership or subscription. The content made available to you without requiring a membership or subscription is also subject to the Marketplace License (such as the demo or trial products available).
Becoming a subscriber
Subscription types
When you become a Subscriber, you get access to our Marketplace with a range of Products that must be used under the Product License, even if the product is free or for demo use only.
Authority to agree to these terms
If you are a company or organization, both you and the real person who signs up on your behalf represent and warrant that this person has the authority to bind your company or organization.
Age
You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their consent, and this adult will be liable for all your actions.
Your responsibility
You agree that the information you give us is valid, correct and complete and that you will keep your account information up-to-date (including an email address). You are liable for any use of the Marketplace that occurs in connection with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any violation of security you need to let us know immediately.
Downloading and product registration
License
When you purchase and download a product as a Subscriber, you will be asked to register that product. After the purchase, you will be granted a license from us to use that Product. For more information please see How to Activate the License page.
No ownership
By downloading or registering a Product you’re not acquiring ownership of the Product itself, but only the license to use that Product. Products are governed to specific terms of use, and these terms are set out in the Terms of Marketplace and Author Terms and Conditions.
Impact of ceasing subscription
As the PoshTrader Marketplace is a subscription service, certain rights granted under a Product license are only applicable for as long as your Marketplace subscription is active. Services: As a Subscriber, you also receive services from us like account support, fraud protection, product quality control, and other related services.
Third-party products and services
As a Subscriber, you may also have an introduction to, or be eligible for special offers involving, products and services provided by our partners (Third Party Offers). Information about Third-Party Offers will be advertised on our website
You have no obligation to obtain any Third-Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the partner and not from us.
The redemption of a Third-Party Offer is subjected to terms and conditions set by our partners. You should read and make sure that you agree to the relevant terms and conditions before obtaining any Third-Party Offer.
Buying as a subscriber
You can pay for your subscription by PayPal or credit card. You may be obliged to pay a handling fee depending on the payment method you choose.
By joining as a Subscriber, you need to agree to the individual payment terms that relate to your chosen method of payment, as notified to you.
If you select an ongoing, regular payment method available on some cases (for example a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your benefits under these terms and the License will also be suspended.
Currency conversion
You are liable for all costs of currency conversion relating to your Marketplace subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
Terms of subscribing
When you subscribe at the Marketplace, you do so on the following terms:
you ensure to us that you understand what you can and can’t do with your downloaded Products.
we and the authors do not promise that any particular Product will continue to be available on Marketplace;
once you purchase a product, you acquire a license to use the Product under the terms set out in the Terms of Marketplace; and
you do not obtain any ownership rights in a downloaded Product.
You must understand the terms on which you are making a purchase. Please take the time to review this section carefully.
Taxes
The final prices and fees are inclusive of transactional taxes where relevant (like VAT). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
You are responsible for paying all other fees and taxes associated with your use of the purchases wherever levied. Your responsibility includes withholding tax if it applies unless we already process that withholding tax. We may collect geographical location data to determine your location, which may be used for tax purposes (so location information you give us must be valid for tax residency purposes).
Refunds and cancellations
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download, we generally do not offer refunds. If you change your mind about your purchase, we will happily issue you a refund upon your request within 7. days after the purchase.
Refund requests are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within seven (7) days of your original purchase. Please include your order number and tell us why you are requesting a refund. We take customer feedback very seriously and use it to constantly improve our products and quality of service.
We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
you have changed your mind about your subscription;
you subscribed by mistake;
you do not have sufficient expertise to use the Products made available;
you ask for goodwill; or
you can no longer access any of your desired Products because they have been removed from the Marketplace.
Disputes lodged with payment agents
If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your Marketplace subscription and your Marketplace account until the dispute raised with the payment agent has been canceled. This makes it very difficult to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
Intellectual property
What we own
We own all the Marketplace Content that we have put on the Site (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and general looks of the PoshTrader site, and copyright, trademarks designs, and other intellectual property on the Marketplace. We own all the trademarks, logos, service marks, and trade names on the Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify, or make copied works of any of our Marketplace Content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own
We do not own the Products on the Marketplace, except for the Products developed by us; the Product Authors do. However, we have the right to sublicense the Products to you on the Author Terms and Conditions.
Copyright, trademark, and intellectual property claims
We respect the intellectual property rights of others. If you believe that a Product on the Marketplace violates any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.
Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on the Marketplace including copyright and other rights.
Use of your information
Privacy
We respect your privacy and process your information following our Privacy Policy.
Our Privacy Policy explains how we deal with your information.
Confidential Information
We value your information and take reasonable precautions to preserve it. While using the Marketplace, you may also be displayed confidential information about us, or someone else. You promise to not disclose any confidential information made accessible to you through us to any other individual.
Linking websites, products and apps, developed by others
Linking to PoshTrader
We reserve the right to require that any link to PoshTrader be discontinued and to revoke your ability to link to PoshTrader.
Links from PoshTrader
The PoshTrader Marketplace platform and Product downloads may contain links to other non PoshTrader sites. We have no control or responsibility
Risk Disclosure
PoshTrader Ltd is not an investment advisory service, nor a registered investment advisor and does not purport to tell or suggest which commodities, securities or currencies customers should buy or sell for themselves. The employees or affiliates of the Company may hold positions in the commodities discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading futures, options, securities, and/or currencies. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company’s website, or in its publications, are made as of the date stated and are subject to change without notice.
Risk Disclosure – Third Parties
Past performance does not guarantee future success. In some cases, managed accounts are charged with substantial commissions and advisory fees. Those accounts subject to these charges may need to make substantial trading profits just to avoid depletion of their assets.
Each broker/advisor (“CTA”) is required by the regulator to issue to prospective clients a risk disclosure document outlining these fees, conflicts of interest and other associated risks. The full risk of commodity futures, options CFD’s, spread betting and forex trading cannot be addressed in this risk disclosure statement.
No consideration of investing should be made without thoroughly reading the disclosure document of each of the CTA’s/brokers in which you may have an interest.
Requesting a disclosure document places you under no obligation and each document is provided at no cost. The regulator has not passed upon the merits of participating in any of these programs nor on the adequacy or accuracy of the disclosure documents. Other disclosure statements are required to be provided to you before an account may be opened for you.
Past performance is not necessarily indicative of future results. Prospective clients should not base their decision on investing in any trading program solely on the past performance presented, additionally, in making an investment decision, prospective clients must also rely on their examination of the person or entity making the trading decisions and the terms of the advisory agreement including the merits and risks involved.
Trading on margin involves high risk and is not suitable for all investors. The high degree of leverage can work against you as well as for you before deciding to trade you should carefully consider your investment objectives, level of experience, and risk appetite. There is always a relationship between high reward and high risk. Any type of market or trade speculation that can yield an unusually high return on investment is subjected to unusually high risk. Only surplus funds should be placed at risk and anyone who does not have such funds should not participate in trading foreign currencies or commodities or futures or options or CFD’s or spread betting. Trading is not suitable for everyone.
Trading commodity futures, options, CFD’s spread betting and foreign exchange (“Forex”) involves high risks and can cause you a complete loss of your funds
Electronic trading risks
Before you engage in transactions using an electronic system, you should carefully review the rules and regulations of the exchanges offering the system and/or listing the instruments you intend to trade. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance and other facts. You should understand these and additional risks before trading.
In connection with the use of computer equipment and data, the client bears the following risks amongst other risks, in which cases the company has no liability for any resulting loss:
Power cut of the equipment on the side of the client or the provider, or communication operator (including voice communication) that serves the client
Physical damage (or destruction) of the communication channels used to link the client and provider (communication operator)
Outage (unacceptably low quality) of communication via the channels used by the client, or the company of the channels used by the provider, or communication operator (including voice communication) that are used by the client or the company
Wrong or inconsistent with requirements settings of the client terminal
Untimely update of the client terminal
The use of communication channels, hardware, and software, generate the risk of no reception of a message (including text messages) by the client from the company
Malfunction or non-operability of the platform, which also includes the client terminal
The client is warned that when trading in an electronic platform he assumes the risk of financial loss which may be a consequence amongst other things:
Failure of client’s devices, software and poor quality of connection
PoshTrader or client’s hardware or software failure, malfunction or misuse
Improper work of client’s equipment
Wrong settings of client’s terminal
Delayed updates to the client’s terminal
You can use our software and extensions after account activation with a chosen service provider (the broker). Following your account activation, you will be able to:
Download and install (where applicable) the trading and/or betting platforms (the “software”), you should ensure they are accessible and operational.
The software, which may have been developed by a third party, is provided “as is”. We will ensure, but cannot guarantee, that the software supports data security protocols compatible with those used by your broker. We also cannot guarantee that the software is free of any errors or deficiencies.
We will, to a reasonable extent, maintain the software and any other related systems up to date. We and/ or any relevant third party may perform maintenance from time to time which includes shutting down, restarting, and/or refreshing the servers to ensure, or procure to ensure the effective and efficient operation of the software. These actions may cause the software to be inaccessible and/or inoperative for some time, therefore you accept that we will bear no responsibility for any loss, including financial loss and/or opportunity due to maintenance and/or any action or omission of the PoshTrader and/or the third-party software provider.
We will endeavor to make the software and any other systems available when required by you, but we cannot guarantee their continuous availability at all times for the following reasons, including but not limited to:
Failures and/or errors, including technological nature such as failure with internet connectivity which may affect access to the software, which either you or we rely on.
Housekeeping rules
Eligibility, suspension or termination
Being a Subscriber is not an automated right, it is a privilege for those who follow our fair rules. We expect that you will be beside us for a long time. But we may use reasonable caution, determine whether or not your use of the Marketplace complies with these terms. We can suspend or terminate your subscription account at any time for any reason including:
if you violate these terms;
if you behave in a way that does not follow with the values of our community; or
if you behave in a way that could cause us or others harm.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Author or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
If we do choose to permanently stop your account you must not apply for a new account as unfortunately, you will no longer be welcome in our community. This arrangement may also connect to all of the PoshTrader accounts you use on other PoshTrader sites.
We may use the services of another PoshTrader Company to manage payment or provide other activities with you to bring you PoshTrader Marketplace
Liability and indemnity between us and you
You assure us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to use of the Marketplace, any Product or the products or services forming part of any Third Party Offer.
The Marketplace, the Products, and all Third-Party Offers are made available to you on an “AS IS” basis. Subject to section 16 (see below), we disclaim all warranties, direct or implied, including any implied warranties of non-infringement, merchantability, and suitability for a particular purpose.
Our liability to you in connection with the Marketplace or these terms, in agreement, tort (including negligence) or otherwise, is limited as follows:
we eliminate liability for any of these things incurred by you: loss of revenue, loss of profit, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense;
our total liability to you is otherwise limited to the total amounts paid by you to us for your Marketplace Subscriptions and Purchases in the past 90 days on which the claimed liability arose.
Availability
We strive to have the Marketplace available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the Marketplace and this might happen for any reason, at any time, with or without notice, or at our complete discretion. We might also change features of how the Marketplace works, including the sorts of products available on the Marketplace. The PoshTrader Companies will not be responsible to you for any loss you suffer as a result of these things.
Third-party
If you’re accepting of these terms on behalf of someone else then you’re agreeing to us that you have the full legal authority to force that third party. Remember that only true people can subscribe to the Marketplace
Consumer laws
In some countries, there may be non-excludable warranties, guarantees, or other claims (‘non-excludable consumer guarantees’). We do not prohibit, restrict, or alter non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the specific promises made in these terms. Our liability for violation of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Product or service, (unless the non-excludable consumer guarantee says otherwise). You must not use a Product in violation of any export laws that apply to you.
Disabling your subscription or refusing to process a payment
We may block you, terminate your subscription, or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do these include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the European Union); or where we honestly believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned individual list. We may also block members from a country if we can’t make payments to or from that country. You should review what payment opinions are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your PoshTrader accounts you use on other PoshTrader sites. As our sites are global, different laws may apply and these may restrict our connection with you.
Relationship between the parties
Nothing in these terms is to be defined as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way
Disclaimers
POSHTRADER DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE FIXED, OR THAT YOUR USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. POSHTRADER CANNOT ASSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR INFECTION OR HARMFUL FEATURES. POSHTRADER REVOKES ALL WARRANTIES, EXPRESS OR SUGGESTED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PLAN. POSHTRADER REVOKES ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY POSHTRADER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POSHTRADER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF COMFORT IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
PoshTrader holds the right to do any of the following, at any time, without prior notice: (A) to change, suspend or terminate operation of or access to the Site, or any part of the Site, for any reason; (B) to change the Site, or any part of the Site, and any applicable policies or terms; and (C) to prevent the operation of the Site, or any part of the Site, as necessary to make routine or non-routine maintenance, error correction, or other modifications.
Changes to these terms
We may update these terms of the marketplace at our discretion from time to time by posting a new version on our Website. You should check our Website occasionally to ensure any changes made are suitable for you. If required by applicable law, you will be informed of any significant changes made to the terms of the marketplace.
Language
This Agreement is made only in the English language. If there is any conflict in the meaning of the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.
Applicable law
This Agreement shall be construed under and governed by the laws of the European Union, without regard to the principles of conflicts of law.
Force Majeure
The Company and its suppliers shall not be liable in any respect for failures to perform hereunder due wholly or substantially to the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, armed hostilities, riots and other unavoidable events beyond the control of the Company or its suppliers, and the time for performance of obligations hereunder by the Company or its suppliers subject to such event shall be extended for the duration of such event
Definitions
PoshTrader: PoshTrader is a tradename of PoshTrader OÜ, which is registered as an Estonian Private Limited Company (LTD) and registered by the Centre of Registers and Information Systems under registration number 14644095
PoshTrader Companies: PoshTrader and any company that controls, is controlled by or is under common control with PoshTrader (Ltd).
Marketplace: PoshTrader Site of Digital Goods Marketplace Content: is all the content that we have put on the Marketplace and includes the design, assembly, and visual look of the Marketplace, and copyright, trademarks, designs and other intellectual property on the Marketplace (unless otherwise stated and excluding content owned by others like author content)
Handling fee: the fee Subscribers may pay, depending on their subscription payment method.
Products: digital goods found on the PoshTrader Marketplace, which may (but won’t necessarily) include goods like indicators, strategies, add-ons, applications, and much, much more.
Product price: the price a buyer pays for a product
Subscriber: a person (or company) who signs up by creating an account and accepting these terms.
Subscription: a purchase of a license for a lifetime or fixed period according to product specification.
Author (“Vendor”): a member who makes products available for sale on the Marketplace.
Payment method: any payment agent or method we make available on the Marketplace
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