This document sets out the Terms & Conditions under which ELP SA ("ELP") authorises you, the subscriber (referred to in these Terms and Conditions as "you", the word "your" being construed accordingly), to use the Forecaster software ("the Service") from the date of the Subscriber's subscription until termination of the Subscriber's subscription for any reason.
Please read this document carefully. The Service is web based and by clicking the "I Accept" button and using the Service you are agreeing to observe these Terms and Conditions. If you do not accept these Terms and Conditions you should not click the "I Accept" button or attempt to use the Service. In the event of your being allowed access to the Service on a trial basis you are subject to the same terms and conditions during the period of the trial as if you had subscribed, whether or not the trial affords access to the full Service. Your subscription for and/or use of the Service shall constitute your agreement to and acceptance of these Terms and Conditions.
1.1 This is your agreement with ELP in relation to your subscription to the Service which is an online web based market analysis service. It is your responsibility to satisfy yourself that the Service will meet your particular requirements.
1.2 Your subscription to the Service will comprise of the right for you to view and print analysis and reports provided as part of or generated by the Service for your own use only.
1.3 Copyright and Database rights protect the structure, the data and in particular the analysis generated by the Service. All such rights are reserved to ELP.
1.4 Due to its policy of updating and improving the Service ELP may wish to introduce additional subscription based services and/or change the terms of this Agreement. When any terms are changed ELP will notify you by post and/or e-mail such notice being effective 3 days after posting or being e-mailed as the case may be. If you use the Service after that time, you are agreeing now to be bound by those changes. If you do not wish to accept those changes, you should notify ELP and the changes will not be effective unless and until your subscription is renewed.
2. Length of Subscription or Trial Period
2.1 Each subscription will be for a minimum one (1) month period (the "Subscription Period") and will be subject to termination by either party by one month's notice in writing or by email to the other.
2.2 Any trial period allowed by ELP shall cease automatically at the end of the period specified by ELP but may be terminated at any time by ELP at its discretion and in the event of termination for any reason your rights hereunder shall immediately end.
3. Permitted Uses
3.1 During each Subscription Period, you are permitted to use your login information and password and thereby allow the Service to be used only on the number of computers for which a licence has been purchased. The permitted use of the Service is to view and print copies of any analysis, information and reports which are provided as part of the Service for your internal business use only
3.2 There are limits on your rights to use the Service and accordingly you are not permitted to do any of the following without ELP's prior written agreement: 3.2.1 loan, copy or lease your login information and/or password for the Service or any part of the Service or the user instructions for the Service to third parties
3.2.2 transfer your subscription or any user licence to any third party
3.2.3 use the Service as a sub contractor for any third party or otherwise use the Service other than in relation to your own business use
3.2.4 publish or otherwise provide copies to any third party of any analysis, information and reports which are provided as part of the Service
3.2.5 erase, move or deface any trademark, copyright or database right notice appearing within any image or document produced within or as part of the Service
4. Fees and Payment Terms
4.1 All subscription fees are payable in advance on the actual day of the month after the subscription commences.
4.2 All fees must be paid in Euro.
5.1 Your rights to use the Service will terminate immediately in any of the following events:
5.1.1 if either you or ELP give notice pursuant to 2.1 or
5.1.2 if you are in breach of this Agreement (including failure to make any payment required under this Agreement) and fail to rectify that breach within 7 days of ELP giving written notice to you or
5.2 If your subscription is terminated pursuant to clause 2.1 then ELP, at its sole discretion, will determine if you are entitled to a refund, and such refund shall be calculated on a pro rata basis, for any subscription paid for the period after the date of effective termination. If your subscription is terminated for any reason under 5.1.2 you will not be entitled to any refund for the unexpired term of any Subscription Period and shall be liable to ELP for the balance of any charges payable for the remainder of the Subscription Period.
5.3 Upon termination or expiry of this Agreement for any reason you agree to make no further use of the Service and you acknowledge that further access to the Service may be prevented by ELP.
6. Notice to Client
6.1 It is the client's responsibility to promptly inform ELP of the following: changes in the expiration date of any credit card used in connection with this site; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password.
Until ELP is notified, by conventional mail or e-mail of a breach in security, you will remain liable for any unauthorized use of this site.
7. Recurring Payments
7.1 Payment for your subscription to ELP may be made by automatic monthly electronic debit and if you have elected to pay in this manner you hereby authorize ELP to transact such payments on your behalf every month, according to the then-current billing terms, until notice of cancellation is received by ELP. You are liable for any subscription charges incurred by you up to and until termination of the subscription.
8. Warranties, Limitations and Liability
8.1 ELP warrants that it is the owner of all copyright in the Service and in particular in all reports and/or analysis comprising part of the Service.
8.2 Any links from ELP's website to other internet sites are provided for convenience only and ELP accepts no responsibility for the content, availability or usability of any such site.
8.3 ELP will use reasonable skill and care in making the Service available to you. However, by its nature market analysis represents the personal view of the author and no warranty can be, or is, offered as to the accuracy of any such analysis, or that predictions provided in any such analysis will prove to be correct. Should you rely on any analysis, information or report provided as part of the Service it does so entirely at its own risk, and ELP accepts no responsibility or liability for any loss or damage you may suffer as a result.
8.4 Given the nature of the internet and the possibility of electronic malfunction, disruption or interruption to the delivery of the Service over the internet ELP cannot guarantee or warrant the reliability of the Service. Furthermore, ELP does not give any warranty as to the completeness, performance or fitness for a particular purpose of the Service.
8.5 The Service can only be accessed if you retain the minimum requirements for hardware configuration as specified by ELP from time to time and it is your responsibility that you maintain hardware meeting those minimum requirements at all times. The Service is supplied to you on an "as is" basis and has not been designed to your individual business requirements.
8.6 By entering into this Agreement, you will accept sole responsibility for, and ELP shall not be liable for:
8.6.1 your use of all or any part of the Service
8.6.2 maintaining the confidentiality of your login details and password to access the Service and for all activity on your account.
8.6.3 ensuring your use of the Service does not breach any applicable local, national or international laws or other regulations.
8.7 You hold ELP harmless and fully indemnified against any claims (including legal and other costs, damages, losses and liabilities) made by any third parties against you and/or ELP arising from such use of the Service or any component of the Service.
8.8 In no event will ELP be liable to you for any loss or damage of any kind (except personal injury or death resulting from ELP's negligence) including lost profits or other consequential loss arising from:
8.8.1 any delay in accessing and/or inability to access the Service whether due to a Force Majeure (as defined in 10 below), electronic malfunction or any unreliability in the Service, nor for any failure or disruption of, interruption to or other unavailability of access to the Service
8.8.2 your use of or inability to use the Service or for errors or deficiencies in it, or for any damage to or corruption of your data whether caused by negligence or otherwise except as expressly provided in this Agreement
8.8.3 In no event shall ELP's liability exceed the subscription amounts paid by you for the use of the Service in the current Subscription Period.
8.9 The express terms of this Agreement are in lieu of all warranties and obligations implied by statute, common law or otherwise all of which are hereby excluded to the fullest extent permitted by law. Whilst it is ELP's policy to carry out virus checks, in particular ELP does not warrant that the Service or ELP's website is free from infection by viruses or anything else that has contaminating or destructive properties.
9. Data Protection and Disclosure of Information
9.1 For the purpose of data protection legislation, as amended from time to time, you agree that our associates and the Firm may process personal data relating to you (using computer systems or otherwise) in carrying out our duties under these Terms.
9.2 You agree that ELP, and our associates, may hold all the information you provide on computer for administration and marketing purposes. We will also disclose your personal information to ELP, for the purposes of providing our services to you.
9.3 If you do not wish your information to be used for marketing purposes, please inform us accordingly. We may use, store or otherwise process personal information provided by you to us in connection with the provision of the services for the purposes of providing the services, administering your account or for purposes ancillary thereto.
9.4 The information we hold about you is confidential and will not be used for any purpose except as stated in these Terms. Information of a confidential nature will be treated as such provided that such information is not already in the public domain. Information of a confidential nature may be used in the following circumstances:
i. where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over us (or any associate);
ii. to investigate or prevent fraud or other illegal activity;
iii. to any third party in connection with the provision of services to you by us;
iv. for purposes ancillary to the provision of services or the administration of your account;
v. if it is in the public interest to disclose such information; or
vi. at your request or with your consent.
10.1 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
10.2 This Agreement forms the entire agreement between the parties relating to its subject matter. Any variation of this Agreement (except for any variations arising out of clause 1.4) shall be binding only if it is recorded in a document signed by or on behalf of all the parties.
10.3 Failure or delay by either party to exercise any right or remedy under this Agreement does not constitute a waiver or bar to exercise of that right or remedy.
10.4 You may not assign, sub license or otherwise transfer your rights or obligations under this Agreement.
10.5 ELP reserves the right to use any information gathered through the provision of the Service to you and others for statistical, marketing or development purposes. ELP undertakes to keep confidential the source of any information.
10.6 This Agreement shall be governed by Swiss law and subject to the exclusive jurisdiction of the Swiss Courts.
forex") involves high risks and can cause you a complete loss of your funds.
11. Returns/Cancellation policy
Purchases of downloadable products/services are final and non-refundable. Returns of paper-based materials, prepackaged software, or product packages will be accepted within 30 days of the date you receive your order. All materials must be returned in original, like-new, resalable condition and in the original packaging and/or shrink-wrap, and product package returns must include all originally shipped components. Returns are subject to a €20 Restocking/Administrative Fee. Defective materials may be exchanged for the same product within 90 days of delivery.
Requests to cancel orders that have been processed are subject to a €20 restocking fee.