Terms and Conditions
1. Introduction
This website (the “Website”) is operated and controlled by CFD Reserve Ltd in Australia and any holding companies, subsidiaries, or related entities, all of which are referred to as CFD Reserve, we, us, or our. CFD Reserve is duly licensed and regulated by the Australian Financial Security Regulatory (ACN 654412) and is also recognized by the European Financial Commission under reference number 963501. Your access to this Website is subject to these Terms and Conditions, the Privacy Policy, the Cookie Policy, notices, disclaimers, and any other terms and conditions or other statements issued or authorized by us that are contained on the Website (collectively referred to as the Terms). By using the Website, you agree to be bound by the Terms. If you open an account with us, you will also agree to separate Terms and Agreements (such as our User Agreement), which, to the extent of any inconsistency, will prevail over these Terms.
2. Terms and Conditions of Use
2.1. Review and Amendments
Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion. It is your responsibility to periodically review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be deemed acceptance of the Terms.
2.2. Acceptance of Terms
If you do not agree to the Terms, you must not use or access the Website.
3. Use of Contact Details
3.1. No Implied Consent
The publication on our Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages (“SPAM”).
4. Limitations on Use
4.1. Prohibited Actions
You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the user content. Nor may you use any network monitoring or discovery software to determine the Website architecture or extract information about usage, individual identities, or users.
4.2. Restrictions on Content Use
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Website or the user content without our prior written permission.
5. General Advice Warning
5.1. No Adviser-Client Relationship
You should not act or refrain from acting solely on the basis of the material contained on this Website. Your access to this Website does not, of itself, create an adviser-client relationship between you and us.
5.2. No Solicitation
Material on this Website does not constitute a solicitation or inducement to invest in any financial products or services offered by us.
5.3. Consideration of Risk
Any advice included on this Website has been prepared without taking into account your objectives, financial situation, or needs. You should consider our Risk Disclosure Notice before making any decision about whether to acquire the product described in that document.
6. Access and Security
6.1. No Guarantee of Continuous Access
We do not warrant that you will have continuous access to the Website or that your access or use will be error-free.
6.2. No Liability for Unavailability
We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities, or interruption in telecommunication supplies).
6.3. Rights Reserved
We reserve the right at any time to:
– 6.3.1. Deny or Terminate Access: Deny or terminate all or part of your access to the Website where, in our opinion, there are concerns regarding unreasonable use, security, or unauthorized access, or where you have breached any of these Terms.
– 6.3.2. Block or Suspend Accounts: Block or suspend your account, remove your default settings, or part thereof, without prior reference to you.
7. Intellectual Property Rights
7.1. Ownership of IP Rights
CFD Reserve is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights, and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software, and advertisements on the Website are the copyright of CFD Reserve, its suppliers, and licensors unless expressly indicated otherwise by CFD Reserve.
7.2. No License Granted
Except as provided in the Terms, use of the Website does not grant you any right, title, interest, or license to any such intellectual property you may access on the Website.
7.3. Trademarks
We own the rights, or have permission to use, the trademarks listed on our Website. You are not authorised to use any of those trademarks without our written consent—to do so would be a breach of our or another party’s intellectual property rights.
7.4. Authorisation for Use
Alternatively, we may authorise you to use content on our Website if you contact us and we agree in writing.
8. Linking to Our Website
8.1. Conditions for Linking
You are welcome to link to our Website as long as you observe the following conditions:
– 8.1.1. You present the links in a way that fairly represents our role as a financial services firm. Such links must be consistent with applicable laws and our regulatory obligations as a licensed entity and must not cause us embarrassment.
– 8.1.2. No Endorsement: The context of the link must not suggest that we endorse you in any way or have any connection with your site.
– 8.1.3. No Content Creation: The context of the link must not suggest that we have created any of your content.
9. Links to Other Sites
9.1. Linked Websites
The Website may contain links to other websites (“Linked Websites”). Those links are for convenience only, and we are not responsible for the content or practices associated with Linked Websites.
9.2. No Endorsement
Our link with a Linked Website is not an endorsement, approval, or recommendation of those Linked Websites.
9.3. Responsibility for Linked Websites
If you click on the Linked Websites, you will be redirected outside our Website, of which we do not control, under your own responsibility.
9.4. Terms and Privacy of Linked Websites
You are advised to read the terms and conditions and privacy policy of these Linked Websites.
10. Disclaimer and Limitation of Liability
10.1. No Guarantee of Security
We cannot guarantee the safety or security of your computer systems. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website or user content.
10.2. No Warranty
We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the user content. You expressly agree that your use of the Website is entirely at your sole risk.
10.3. No Financial Advice
You agree that the content provided on the Website and the user content do not constitute financial product, investment, legal, or taxation advice, and you agree to not represent the user content or the Website as such.
10.4. “As Is” Basis
To the extent permitted by legislation, the Website is provided on an “as is, as available” basis.
10.5. Exclusion of Implied Warranties
To the extent permitted by applicable laws, you agree to exclude all other conditions and warranties implied by custom, law, or statute.
10.6. Limitation of Liability
CFD Reserve expressly disclaims all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special, or consequential damages or loss of profits whatsoever of any kind resulting from, arising out of, or in any way related to:
– (a) Any errors in or omissions from the Website and/or the user content, including but not limited to technical inaccuracies and typographical errors,
– (b) Any third-party websites or content directly or indirectly accessed through links on the Website, including but not limited to any errors in or omissions,
– (c) The unavailability of the Website or any portion thereof,
– (d) Your use of the Website, or
– (e) Your use of any equipment or software in connection with the Website.
10.7. Maximum Liability
The maximum aggregate liability of CFD Reserve for all proven losses, damages, and claims arising out of the Terms, including liability for breach, negligence, or tort or for any other common law or statutory action, is limited to an aggregate of all claims of $100.
11. Indemnification
11.1. Indemnity for Breach
You agree to indemnify, defend, and hold harmless CFD Reserve, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation of the Terms by you.
11.2. Indemnity for Third-Party Claims
You also agree to indemnify CFD Reserve against any claims that information or material which you have submitted to CFD Reserve is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement of any other intellectual property right).
12. Third-Party Rights
12.1. Enforcement by Third Parties
The provisions of paragraphs 10 (Disclaimer and Limitation of Liability) and 11 (Indemnification) are for the benefit of CFD Reserve and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
13. Unlawful Activity
13.1. Right to Investigate
CFD Reserve reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.
14. Confidentiality, Privacy, and Cookies
14.1. User Information
In the course of your use of the Website, you may be asked to provide personal information to us (“User Information”). We also collect information via the use of Cookies. CFD Reserve’s information collection and use policies with respect to such User Information are set forth in the CFD Reserve Privacy Policy and Cookie Policy, which are incorporated into the Terms by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
14.2. Privacy Policy
Your use of the Website is subject to CFD Reserve’s Privacy Policy and Cookie Policy.
15. Severability of Provisions
15.1. Severability
If any provision of the Terms is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
16. Termination
16.1. Effectiveness of Terms
The Terms are effective until terminated by CFD Reserve.
16.2. Termination Consequences
In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.
16.3. Survival of Rights
Such termination shall not affect any legal right that may have accrued to CFD Reserve against you up to the date of termination.
16.4. Website Removal
CFD Reserve may also remove the Website as a whole or any sections or features of it without prior notice.
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