Introduction
These terms and conditions apply between you, the User of www.decentrader.com (the Website) (including any sub-domains, unless expressly excluded by their own terms and conditions), and Decent Capital Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Decent Capital Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Decent Capital Ltd and accessing the Website in connection with the provision of such services. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
By accepting these terms and conditions, you agree that you will not: (a) Monitor, harvest, collect or attempt to obtain passwords or other account information from or about other users of the Website, disclose your, or another person’s personally identifiable information; (b) impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company; (c) download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use; (d) reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in these terms and conditions; (e) outside the Website, sell, advertise or post information granted to you through the Website by setting up an account and paying your membership fee; (f) probe, scan or test the vulnerability of the Website or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Website, Company’s systems or networks, or any systems or networks connected to the Website or Company.
Intellectual property and acceptable use
1. All Content included on the Website, is the property of Decent Capital Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be constmed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen.
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Decent Capital Ltd .
Prohibited use
4. You may not use the Website for any of the following purposes: (a) in any way which causes, or may came, damage to the Website or interferes with any other person’s use or enjoyment of the Website; (b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; (c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Purchase agreement / End User License Agreement:
9. Purchaser of any products or services from the Company hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue. All sales are final for all services.
10. Subscriptions of the free videos and free newsletter may be cancelled at any time by either party. These cancellations must be sent via email or through the Unsubscribe section in the emails.
11. In regards the premium members site, all subscriptions of the premium members service automatically renew at the end of the term. Membership can be cancelled any time to avoid future charges. No pro-rated refunds will be issued. If you cancel with time left on your membership, you will continue to have access until the end of your paid period. You can make changes to your membership account by sending us an email. Our scanner timeframes are updated twice a week on Monday and Wednesday, and the hourly timeframe is updated every day.
12. No advertising, trading of goods or services, or other commercial use is allowed in our blog and or trading rooms. No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms.
13. Please use your own name when posting to the discussion forum and trading rooms. Do not impersonate anyone else.
14. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed. Please avoid shouting (using all capital letters) in the discussion forum and trading rooms. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forum and trading rooms. Do not libel or defame others. The Company strongly disapproves flaming. We do not try to edit or to monitor messages posted on the articles and trading rooms, but we retain the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not Company. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.
15. When you post content in the Company blog and trading room, you permit the Company to display and distribute the content, and to use it for advertising and promotion. You grant to the Company the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
Password and security
16. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
17. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
18. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Decent Capital Ltd or that of our affiliates.
19. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
20. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
21. Any online facilities, tools, services or information that Decent Capital Ltd makes available through the Website (the Service) is provided as is and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Decent Capital Ltd is under no obligation to update information on the Website.
22. Whilst Decent Capital Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
23. Decent Capital Ltd accepts no liability for any disruption or non-availability of the Website.
24. Decent Capital Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
25. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
26. In relation to the use of the Website and Content we will not be liable to you for any loss or damage of any kind.
27. Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
28. To the maximum extent permitted by law, Decent Capital Ltd accepts no liability for any of the following: a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; b. loss or corruption of any data, database or software; c. any special, indirect or consequential loss or damage.
29. Information contained on the Website is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Company and it’s affiliated traders apply this information to the financial markets. Company is not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund. Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Website you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Website. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Website or any linked site. CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. 73% of retail investor accounts lose money when trading CFDs. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.
30. Company is strictly a research publishing firm and falls within the publisher’s exemption of the definition of an “investment advisor” and is classed as a periodical in the UK or of general and regular circulation in the US. We do not provide individual investment advice. This service is not registered with any financial regulatory agency such as the FCA in the UK or NASD, SEC, or NYSE in the US. The information we publish is based on our opinions plus our statistical and financial data and independent research. They do not reflect the views or opinions of any registered corporate affiliate. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendation to buy, hold, or sell securities, or engage in any trading strategy. Such recommendations may only be made by a personal advisor or the broker you select.
31. Investing in any short-term trading strategy is considered speculative and involves risk of loss. If your goal for a certain portion of your funds is strictly capital preservation, we believe you should invest those funds in conservative investments as recommended by your financial adviser.
32. Your money, your decision. Company does not guarantee the accuracy, veracity, or completeness of any information provided on our website, and we will not be responsible for any errors or omissions in articles or postings, for links embedded in messages, or for any results obtained from the use of such information. Company will not be liable for any loss or damage caused by a reader’s reliance on information obtained from our articles, our videos, scanners, indicators and newsletters. We strongly caution you not to rely just on the information you find on our site, indicators, scanners, videos or articles to inform your decisions — rather, use it as a starting point for doing your own independent research. Then you must decide for yourself the accuracy and merits of the information on our site, indicators, videos, scanners or articles.
33. Data and analysis. In the material we make available on our website, we rely on a wide variety of sources and other websites. We believe these sources of data to be accurate and reliable, but sometimes they may not be. Company makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. Nor is Company liable for any errors or delays in the content or transmission of the data on our site. Our products (e.g. indicators and video courses) and our free and paid services – such as the premium membership newsletters, videos, scanners, and any materials available at or through Website – are provided “as is” and with all defects. Company disclaims all representations, warranties, and conditions, express or implied, of fitness for a particular purpose, merchantability, title, non-infringement, compatibility, security and condition or operation of the foregoing. Company does not warrant the continued or uninterrupted operation of the Internet, products or Premium Membership. No oral or written information or communications given by Company, its employees, or agents will increase the scope of the above warranty or create any new or additional warranties. Company, its employees or shareholders will not be liable for any indirect, incidental, special or consequential damages arising out of the use of products, newsletters, videos, scanners, and premium membership materials, even if SML has been advised of such damages or losses.
General
34. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
35. These terms and conditions may be varied by as from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version. Your continued use of the Website means that you accept any new or modified terms.
36. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
37. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
38. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
39. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. All supplemental terms and rules issued by the Company that apply to the use of the Website, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.
Decent Capital Ltd details
40. Decent Capital Ltd is a company incorporated in England and Wales with registered number 12359020 whose registered address is 28 The Greenesfield Business Centre , Mulgrave Terrace , Gateshead , NE8 1PQ and it operates the Website www.decentrader.com.
41. If you have any questions relating to the Website or Membership (as defined below), they can be sent to the attention of our Customer Service by email to [email protected]. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
