Nutzungsbedingungen
Terms and conditions of use
1. Legal information
1.1. These Terms and Conditions of Use (hereinafter referred to as the «Terms and Conditions») inform you of the procedure and limitations of using the websites www.indexaco.com, (hereinafter referred to as the «Website»).
1.2. You may contact us by e-mail info.indexaco@gmail.com.
2. Terms and definitions
Service - a set of computer programs, mobile applications and other Company intellectual property and content hosted by the Company or users. The Service can be accessed by using the website, mobile version of the website or the application.
User – a visitor of the Internet resource.
Analyst - User who posts his or her forecasts on the Website.
Account – a page where the User interacts with the Service, which allows viewing and changing personal data, subscribing, activating, turning on or off various services.
Registration – User's actions according to the instructions of the Website, including the provision of personal data and other information about the User by filling a special form.
Login and Password - unique login (e-mail address) and password created by the User during the Registration or by other means is used to access the Personal Page after authorization.
3. Access and confirmation
3.1. These Terms and Conditions govern the use of the Website for those wishing to post forecasts, obtain forecasts or other services.
3.2. By entering, acting, downloading, accessing or using the Website, you are automatically deemed to be the User (or "you"), which requires full acceptance of each provision included in these Terms and Conditions in the published version of this document at the time of accessing or using the Website..
3.3. If you do not agree with these Terms and Conditions, please leave the Website and do not use the Services.
3.4. Use of certain Services offered on the Website may be subject to additional rules, which, depending on the case, may completely replace and/or modify this document. Therefore, before using such Services, you should carefully read the relevant Rules.
3.5. These Terms and Conditions may be changed by the Company without prior notice. Any changes in these Terms and Conditions that have been made by the Company will take effect unilaterally the day after the publication of such changes on the Website.
3.6. Changes in these Terms and Conditions are considered confirmed if the Company has made changes in them and the User continues to use the Service.
4. Required age
4.1. The Website is intended for use by adults only, as defined in any applicable law in each case. If you are not an adult, you may not register, create an account and use the Website. If you are underaged, you must obtain permission from a legal representative to use the Service. In this case, the legal representative is responsible for any actions taken by the underaged User. If you are underaged, and you do not have the permission of a legal representative, discontinue using the Website.
4.2. You also confirm that you are an adult under applicable law. In the event that the information you provide in this regard is not true, the Company is not responsible because it cannot reliably verify the age of Users.
4.3. The Company may contact you at any time to request proof of age by providing a copy of your passport. If you refuse to identify yourself, the Company reserves the right to close your account and you will not be able to continue using the Service.
5. Creating an Account
5.1. Registration of the User on the Service is voluntary and free of charge. The User guarantees to the Company that they have reached the age allowed to accept these Terms and Conditions and have the appropriate authority to use the functionality of the Service.
5.2. It is allowed to use only one account. It is forbidden to register several accounts by one User.
5.3. Brokers, exchanges and other legal entities must register corporate accounts. Standard accounts are for individual users only. Please contact us for more information.
5.4. When creating a unique User Name (Nickname), the following restrictions must be considered:
- Nickname must not contain links to the website, email, Skype, Viber, WhatsApp, phone number or any other contact information
- Nickname must not contain sexual or pornographic content or content that is offensive to other users.
5.5. When registering with the Service, the User must provide the Company with the necessary reliable and up-to-date information to form the User's personal account, including a unique login for each User (email address). In turn, the Company reserves the right to check the ownership of the User's phone number by making a phone call to the phone number specified by the User.
5.6. The authorization link sent by the Company to the User via e-mail specified by the User is necessary and sufficient to authorize the User and gain access to the Service. The User has no right to transfer their login and code to third parties, and is fully responsible for their safety, regardless of how they are stored.
5.7. The User also has the right to log in to the Service through an account created in other Internet resources, passing the authorization which is available in the Service.
5.8. Unless the User proves otherwise, any action taken with the User's name or account created by the User in another Internet resource through which the User registered or authorized on the Service is considered to be performed by the User. In case of unauthorized access to the login and/or Personal account of the User, or publication of the login and code, the User must immediately notify the Company.
6. Rules of use
6.1. As a condition of using the Company's services (including www.indexaco.com and related Websites and Services), you agree that you will not:
-
violate the laws;
-
violate the Forecast Posting Rules;
-
violate the Terms and Conditions;
-
post any offensive, threatening, defamatory, obscene material;
-
post any false or misleading material or communication of any kind;
-
publish materials and information that is not the result of your work and violates the copyrights of third parties;
-
distribute spam;
-
distribute viruses or any other technology that may harm Users or the Company;
-
collect information about Users without their consent;
-
bypass technologies that are used to prevent or limit access to the Company's Services;
-
post information that violates copyrights, trademark protection or other rights of third parties;
-
take any actions that may place a disproportionate burden on the Company's infrastructure;
-
copy, replicate, modify, distribute or make available to the public any information contained in the Company (except for information provided by the User) without prior written permission of the Company and any third party;
-
post information and links to erotic and pornographic materials;
-
interfere with the Company's work, automatic systems or processes to block or limit access to the Company's Services.
6.2. You may not share your personal information with other Users, including links to the website, email, Skype, Viber, WhatsApp, telephone number or any other contact information.
6.3. You cannot post information on a direct or indirect advertising nature. Please contact us for advertisements.
6.4. Before posting any information about the Service, please first assess the legality of their posting.
6.5. Do not use automated or other programs to access the Website without written permission from the Company. Without the Company's permission, any materials or information may not be used, distributed, copied and/or retrieved from the Website manually or automatically using special software.
6.6. By accessing the Website, the User agrees to receive advertising information posted by third parties. The User understands and agrees that the content of the Website is not defined and the Company is not responsible for such information, including the Websites, links to which may be contained in the relevant materials.
6.7. The User may not use the data provided by another User without the written permission of the person who posted such information, or without confirmation of the right to use such information in any other way. All information received by the User about other Users in connection with the use of the Service of the Company may be used only for the performance and performance of actions on financial markets. Thus, the User is not allowed to use the e-mail address and/or phone number of another User for direct mailing or other sending of unsolicited e-mail messages, as well as other illegal actions or actions taken without the knowledge and / or consent of the other party.
6.8. The Company acts as an intermediary between the User who placed the Service or Order for the Service and the end buyer or executor of the order. The Company's commission is 10% of the price of the Service and is charged by the Service Provider. The Service Seller receives funds for the sold Services minus the Company's commission and bank and payment system commissions for the transfer of financial resources. The Company can change the commission level based on the quantity and quality of forecasts published by the User.
6.9. The Company does not always check information from Users published on the Website. The Company recommends Users to be careful and rely on common sense when using the information on the Website. The User should pay attention that the information from other Users can be distorted. Use of the Services implies that the User understands and accepts these risks and agrees that the Company is not responsible for actions or omissions of other Users.
6.10. In case the User doubts the legality of certain actions, including those related to the placement and use of forecasts and other services, the Company recommends refraining from the latter.
6.11. The User's account may be blocked for a limited period of time or forever in case of violation of the rules of use of the website.
7. Personal information
By using the Company's services, you agree to collect, transfer, store and use your personal information on the Company's servers. You also agree to receive marketing communications from the Company until you tell us that you prefer not to receive such messages.
8. Intellectual property rights
8.1. The User or another person may not use the information on the Website in ways not stipulated in these Terms and Conditions without written permission, including extraction of information in any form not stipulated in the Terms and Conditions. Exclusive rights to the results of intellectual activity, included in the information provided by Users, belong to the owner of the Website.
8.2. In order to implement these Terms and Conditions, to hold contests, promotions, announcements and inform users and other similar events, to realize legal rights and interests, as well as to ensure the functioning of the Site and the Application, the User grants the Portal a valid worldwide permanent right to use the information (including photos, text descriptions, trademarks, logos, etc.) in any way on all known or unknown media during the entire term of the rights and transfer such right to the third party. The User permits the use of the data in information without the name of the author and guarantees that the information provided does not infringe any third party rights, including exclusive rights.
8.3. The User agrees that for the purposes provided by these Terms and Conditions, the Website may collect and use additional information related to the User received during the User's access to the Service or from third parties, and includes data on technical means (devices), methods of technological interaction with the Service, User's activity on the Service, as well as other data obtained by these methods. The Company has the right to dispose of statistical information related to the use of the Service, as well as information of the Users in order to organize the operation and technical support of the Service and to comply with the terms of these Terms and Conditions.
9. Period of validity
9.1. These Terms and Conditions come into force from the moment when the User starts using the Website Services, regardless of the fact of User's registration, and they are valid for an unlimited period.
9.2. The User has the right to terminate access to his/her Personal page without the possibility of restoring such access. In this case, the User may not re-register by e-mail or by using the phone number they already used on their previous account.
9.3. The Company reserves the right, in its sole discretion, to terminate access to the User who violates these Terms and Conditions, as well as the terms and conditions of any of the Services, other rules governing the operation of the Website, the Services in general, and in particular, including stopping or temporarily suspending the User from accessing the Personal Page. A User whose access to the Services has been terminated or whose information has ceased to be valid may not reopen a new account without special permission. The User may not use another User's account to access the Website Services.
10. Responsibility
10.1. The Company does not bear responsibility and does not compensate for any damage, directly or indirectly, caused to the User or third parties as a result of the use or inability to use the Service, unless otherwise provided by the current legislation.
10.2. The Company does not provide any warranty that the Service will not be interrupted due to technical malfunctions, technical works, etc., but makes commercially reasonable efforts to ensure the operation of the Service within twenty-four hours. The Company gives no guarantee that the Service or any of its elements will function at any particular time in the future or that they will not stop working.
10.3. The Company does not bear responsibility and does not indemnify for any damage, direct or indirect, caused to the User or third parties as a result of the use or inability to use the Service unless otherwise stipulated by the current legislation.
10.4. The Company is not responsible for any damage caused to the User's device or software or any other person, caused or related to the use of the Service, or by clicking on the links posted on the Service.
10.5. The Company and its representatives shall not be liable in any way to the Users and/or third parties for any indirect, incidental, unintentional damages, including loss of profit or lost data, damage to honour, dignity or business reputation, caused by the use of the Service, content or other materials to which the Users or other third parties have access through the Service, even if the Company has warned or indicated the possibility of such damages.
10.6. The Website is not involved in the formation of the content of forecasts, personal pages and other Services. At the same time, the Company is not obliged to check the forecasts and their content, resources specified in the forecasts, User licenses, reliability of Users (as well as their identification). In this respect, quality, security, legality are beyond the participation and control of the Website. The Company is not responsible for the content provided by Users, Users' use of trademarks, third party logos and other elements of the Service created by Users.
10.7. The Company is an intermediary between the User and the Analyst when performing purchase and sale transactions of the Services on the Site and the Application.
10.8. The User is fully responsible for all information provided on the Website. The Company reserves the right at its own discretion to refuse or delete content that, in the Company's opinion, is inappropriate or violates the above-mentioned Terms and Conditions. The Company also reserves the right at its own discretion to limit User's use of the Service temporarily or permanently, or refuse to register User. If the Company finds that a User violates these Terms and Conditions in any way or behaves suspiciously on websites or Services the Company may, at its discretion, inform other Users who have been or are in contact with you and encourage them to be careful.
11. Applicable law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Cyprus. In the event of any disputes that may arise in connection with these Terms and Conditions, the User and the Company agree to take them to the courts of Limassol, Cyprus.