TERMS AND CONDITIONS
Your access or use of our Website, and/or application(s) and/or Forum (as defined below) (collectively referred to as the "Services") signifies YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE Services.
Please read these Terms and Conditions carefully as they contain your consent to grant us certain rights to communicate with you about our products and services.
1. Consent to Terms and Conditions for Use
You, as a Services user, represent that you have read, understood, and agreed to be bound by these Terms and Conditions and that your use of the Services are subject to these Terms and Conditions and all applicable international and local laws. You agree not to use the Services for illegal purposes, and not to interfere with or disrupt the Services or the networks or servers which they are connected to.
a. That we may make available your personal details to NetDania's group companies, NDF Media Group Limited, and their respective affiliates (collectively referred to as "us", "our", the "Companies"), and the NetDania group B2B-partners, and B2B-partners of our affiliates (collectively referred to as the "Partners").
b. That the Companies and Partners may contact you by phone, text message, social media, e-mail or other electronic media for the purpose of offering products and services relating to online trading, fund management, software, or software tools relating to online trading, investments and financial information.
You can opt-out of your consent to us either completely or partially if possible in the Services.
Certain data accessible in our Services is the intellectual property of the relevant news and information service provider, or a third party providing such data to the relevant service provider, or us. The data is protected by Copyright and other intellectual property laws and all ownership rights remain with the Companies, the information service provider, the third party providers, or the Partners as the case may be.
You may only use the data retrieved from the Services for your own personal and non-commercial purposes. Such use shall be in accordance with these Terms and Conditions, and any requirements set out elsewhere in the Services. Commercial users must enter into a written agreement with us in order to use the Services. By accessing the Services, you therefore agree not to redistribute the data from the Services in any form. You may not copy, distribute or redistribute the data, including by way of caching, framing or similar means, nor sell, resell, re-transmit or otherwise make the data retrieved from the Services available in any manner to any third party. You may not store the data for the purpose of creating a historical database or historical data product or similar. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g. derivatives, structured products, investment funds, investment portfolios, where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement between the Companies, the information service provider, third party providers, or the Partners as the case may be.
Elements of the Services may not be copied or imitated in whole or in part. No content, logo, graphic, sound, text or image may be copied or retransmitted unless expressly permitted by the Companies, the information service provider, third party provider, or the Partners as the case may be.
2. Third Party Browser Component within NetStation
You are hereby made aware of and accept that any use of the embedded third party browser component from "TeamDev"; www.teamdev.com is your sole responsibility. You furthermore accept that using the embedded third party browser component may compromise your security settings.
The third party browser component is put at your disposal for your convenience only. The Companies assume no responsibility for the use of the third party browser component. Furthermore, we reserve the right to change or disable the third party browser component at any time without notice.
3. Community Forum
When joining our community forum ("Forum") you shall select a public display name. This will be linked in our system to your login information.
On your profile page, you can optionally select to insert additional public information, such as a profile picture, links to social media, including on twitter and Facebook which are linked to your website.
When posting messages in the Forum all posting will be public unless you select to make them private by choosing to only post to one or more selected recipients.
When posting your public display-name, any uploaded profile picture, time, and date for the submission will be displayed. Your IP address, e-mail or other private information are not automatically disclosed. Only the administrator of the Forum will have access to this information.
When posting on the Forum you can use any text and insert links to your own external content including pictures, YouTube videos, and links to other websites (any external URL is allowed). You may also link to others content provided that you are certain that you have the right and specific consent to share/link to the content.
You may also upload and insert images to be displayed inside your post, provided that you are allowed to use these images in the public domain.
You may also share content from our services, like workspaces, algorithms and charts.
For security reasons you cannot upload attachments.
You acknowledge and agree that any posts may not be libelous, defamatory, racist, ethnically offensive, threatening, violent, profane, unlawful, pornographic, obscene, or otherwise unlawful or immoral material or comments or which otherwise violates any third party's rights for privacy or other protected third party rights.
The Companies' Forum administrators and moderators may hide or delete posts that in their best judgement are in violation of these Terms and Conditions.
The Companies' Forum administrators and moderators may also without any notice, ban users from accessing the Forum entirely based on the users email and/or IP addresses.
When using the Forum you acknowledge and agree that any post not expressly posted by the Companies' employees does not express the Companies' position nor recommendation.
You furthermore acknowledge and agree that the Companies do not offer or facilitate any financial services, but only provide the functionality of the Forum for your convenience only, and neither do the Companies endorse or promote any particular broker or financial service.
Any involvement by a user in any trading, including without limitation to offer prices or quotes, execution of orders to buy and sell any type of financial instruments, execution of orders to create, modify, delete and close orders and positions in or through the Forum constitutes a material breach of these Terms and Conditions and will lead to an immediate shut down of the account and expulsion from the Forum of the said user.
4. Disclaimers of Warranties and Limitation of Liability
THE CONTENT INCLUDING ALL CONTENT PROVIDED IN THE SERVICES WHICH HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, NEVERTHELESS, THE CONTENT, SERVICES AND ALL RELATED COMPONENT AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE/ THE COMPANIES DO NOT WARRANT THAT THE SERVICES, CONTENT IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
The Companies, any content service provider or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the content supplied to you through our Services or (ii) any decision made or action taken by you or any third party in reliance upon the content. Data computations are not guaranteed by the Companies, any content service provider nor third party and may not be complete. Neither the Companies, any content service provider, nor any third party gives any warranties as to the accuracy, adequacy, quality or fitness, timeliness, non-infringement, title, of any content including but not limited to data for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any content provided on the Services. You are responsible for validating the integrity of any content received over the Internet. Changes are periodically made to our software, content and the Services. The Companies, any content service provider, and any third party may make improvements and/or changes in the product(s), content provided in the Services described herein at any time. Neither the Companies, our content service providers nor any third party shall be liable for any errors in the content provided in the Services, or for any actions taken in relation hereto.
Transmissions may be subject to arbitrary delays beyond our control, which may delay the provision of the Services and the execution of your commands and orders. You acknowledge that neither the Companies, any content service provider nor any third party will be liable to you or any third party for any losses arising from such delay.
Any integration to third party software, other than the above-mentioned browser software component, that is supported by the Services is put at your disposal for your convenience only, and any use is your sole responsibility. We reserve the right to change or disable any third party integration at any time without notice.
You acknowledge that (a) the content is provided for general information and educational purposes only, and are not intended for trading purposes, (b) the Companies do not guarantee the accuracy, completeness or timeliness of the content provided in the Services or any linked website, (c) the provision of certain portions of the Services are subject to the terms and conditions of other agreements to which the Companies are a party to, and (d) the Companies and/or the Companies' respective Partners and/or sub-suppliers in no event shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Companies' servers and the Services. The documents and related graphics published from the Companies' servers in the Services could include technical inaccuracies or typographical errors. The Companies are not responsible for any damage to your hardware device(s), software, internet connection or other property, resulting from your use of the Services. (e) the Companies may integrate, within its Services, advertising and links to third party websites but does not warrant, endorse or assume any responsibility on such advertising and the content and services which are provided on third party and Partner's websites. The Companies and its employees, directors, affiliates, agents or licensors will not be liable to you or any third party for any claim related to the advertisement within the Companies' Services. The Companies are not responsible or liable for any transaction between you and the Partners of third party applications or products or services advertised on or through the Companies Services.
IN NO EVENT WILL THE COMPANIES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. IN NO EVENT WILL THE COMPANIES' LIABILITY TO YOU OR TO ANY OTHER THIRD PARTY FOR ANY LOST PROFITS OR REVENUE OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to defend the Companies, our owners, directors, customers, members, advertisers and affiliates ("Indemnified Parties") from any and all third party claims, suits, actions, or other proceedings, demands based on or arising in connection with your violation of these Terms and Conditions ("Claim Against Us"), and you will indemnify the Indemnified Parties for all reasonable attorney's fees incurred and damages, and others costs finally awarded against an Indemnified Partied in connection with a Claim Against Us. We will provide you with prompt written notice of any Claim Against Us and allow you the right to assume exclusive defense and settlement of such matter.
6. Force Majeure
Neither of us will be liable by reason of any failure nor delay in the performance of our obligations on account of events beyond the reasonable control of a party, which may include failure by a third party hosting provider, strikes, shortages, riots, fires, acts of God, war, terrorism and governmental action.
You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into these Terms and Conditions, (b) you are at least eighteen (18) years old, (c) you shall not use any rights granted hereunder for any unlawful purpose, (d) you shall use the Services only as set forth in these Terms and Conditions, and (e) that you irrevocably subject yourself to the choice of law and venue stated in clause 10.
We may change these Terms and Conditions. If we make a material change to these Terms and Conditions, we will provide you with reasonable notice prior to the change taking effect either by email or through the Services. You can review the most current version of these Terms and Conditions at any time by visiting this page. The materially revised version will become effective on the date set forth in our notice and all other changes will become effective upon posting of the change. If you access or use the Service after the effective date, that use will constitute your acceptance of any revised terms and conditions.
These Terms and Conditions will be enforced to the fullest extent permitted under applicable law. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to the law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and Conditions will remain in effect.
10. Governing Law and Venue
These Terms and Conditions shall be governed and construed in accordance with the laws of Denmark without regard to any international private law principles. Any dispute arising out of or in connection with these Terms and Conditions, including any disputes regarding the existence, validity or termination thereof, or the use of the Services, shall be settled by arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration in force at the time when such proceedings are commenced.
If there are certain cookies you do not want to accept, you can delete them where possible as described below depending on the application used.
What is a cookie
Cookies are small text files which a website may put on your computer or mobile device when you first visit a site or page. The cookie will help the website, or another website, to recognise your device the next time you visit and help optimise the functionality of the website and/ or any of our application(s). Web beacons or other similar files can also do the same thing. We use the term "cookies" in this policy to refer to all files that collect information in this way.
Other cookies are used in the process of showing you advertisements as our main revenue stream comes from advertisers.
Some of the cookies used on our Website may contain personal information in the form of a hashed value of you login information.
When you visit our Website, cookies are stored on your device.
The information collected by a cookie is sent back to the server of the holder of that cookie each time the browser requests a page from our Website. This enable the Website to identify and track your device and the web browser you use.
How to avoid cookies
As we have explained above, cookies and similar tools help you to get the most out of our Websites. However, if you do wish to disable our cookies then please follow the instructions within the browser(s) that you use.
Please remember that if you do choose to disable cookies, you may find that certain sections of our Website and other Applications will not work properly.
This information is used by us to improve our services and usability on our Website, however, we also use it to personalise your user experience and to investigate how our Website is explored and used.
There may also be third party cookies on our Website collecting data from your device that enables us to show you customised advertisements. So-called behavioural advertising or retargeting. See more below.
We may also use advertising cookies to track a referral for which we receive payment.
Below you can find a more detailed list of the type of cookies to be found on our Website from time to time. We may update the list without notice on a regular basis so please remember to revisit this page from time to time.
|Cookie Type||Why we use it and additional information|
Essential cookies, as their name suggests, are vital to the proper functioning of the Website in order to deliver the functionality you expect.
Optimisation cookies allow us to see and track anonymous use data such as click trends, so we can be certain the Website offers you a consistently smooth, functional and pleasant experience.
We may use third party service providers to assist us with optimisation.
Our Website may from time to time try to serve advertisements that are relevant to you by using the below mentioned cookies and tracking technologies.
We may also use the below mentioned third party cookies and third party advertising solutions to serve you advertisements relating to our services when you are on third party websites such as Google, Facebook or other websites that are a part of the advertising inventory of these solutions.
If any third party collects information that will become personal information, it is stored with them according to their data policy and you should contact that third party to obtain information on the data they have collected.
If third party networks are selling our inventory, they might without informing us place cookies on our Website. If they do not appear on the above list, it is because we have not classified them yet. For your safety, you should presume that unclassified cookies are most likely advertising cookies.
By accepting this Tracking Policy, you consent to NetDania's group companies, NDF Media Group Limited, and their respective affiliates (collectively referred to as the "Companies") to the use of tracking scripts on your device if you continue to use our application(s).
What are tracking scripts and why do we use them
The information collected through other tracking scripts is used in the process of showing you advertisements, since one of our main revenue streams comes from advertisers. In addition, the tracking scripts within our applications collect data from your device which enables us to show you customised advertisements - behavioural advertising or retargeting.
When you use our application(s), the collected information is stored on your device and/or on our servers, and/or third party servers.
We may also use tracking scripts to track a referral for which we receive payment.
Questions, comments and requests regarding this Tracking policy are welcomed and should be addressed to email@example.com.
All personal information you provide to NetDania's group companies, NDF Media Group Limited and their respective affiliates (collectively referred to as "us", "our", the "Companies") are stored on infrastructure that is exclusively owned by the Companies or licensed to the Companies via third party providers, and that uses state of the art techniques to restrict access from other third parties. Where the Companies have given you (or where you have chosen) a password which enables you to access certain parts of our Website and application(s), you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Companies' servers or third party servers; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Personal data we process
We only process personal data that you submit to us, and information that we may be able to collect from your device(s) when you visit our Website and/ or any of our application(s).
Normally we process your name, address, e-mail addresses, your mobile number, ip-address, and collected device information.
If you have a profile in our forum, we may also process any additional information submitted by you when creating, maintaining and using your profile.
Why do we process your personal information (purpose). We use information held about you in the following ways:
- To ensure that content from our Website and/or application(s) is presented in the most effective manner for you;
- To provide you with information, products or services that you request from us or which we feel may interest you either through us or our business partners;
- To carry out our obligations arising from any contracts entered into between you and us;
- To allow you to participate in interactive features of our Website and/ application(s);
- To notify you about changes to our services;
- For fraud prevention and investigation purposes and to comply with the prevailing regulations and legislation;
- For business intelligence purposes.
We may also instruct third parties to carry out any of the purposes above in accordance with and as far as this is permitted by law.
We may also use your data to provide you with information about products and services which may be of interest to you, and we or they may contact you about these by SMS, MMS, email, post or telephone.
For communication that happens outside of our Website and application(s), such as email, we will offer you the option to opt out of such communication. We may disclose your personal information to any member of the Companies and to third parties under the following reasons:
- Where you have provided your explicit consent;
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If any company of our group or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of website use and other agreements; or to protect the rights, property, or safety of our group of companies, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection, prevention and credit risk reduction or as otherwise set out herein;
- If it is necessary for the performance of a contract between you and us or the implementation of pre-contractual measures taken in response to your request;
- If it is necessary for the conclusion or performance of a contract, concluded in your interest between us and a third party;
- If it is necessary or legally required on important public interest grounds, or for the establishment, exercise or defence of legal claims;
- If it is necessary in order to protect your vital interests; or
- If it is necessary for the prevention, investigation and prosecution of criminal and the execution of sentences or the protection of persons charged, witnesses or other persons in criminal proceedings.
When do we delete data
If your account has not been active for a twelve (12) months period we may decide to close down your account and delete all collected information.
If your account has not been active for three (3) years we may decide to close it down and delete all collected information.
Insight rights and access to correct and update
You may at all times view your account to see what personal information you have submitted to us and correct and update this information.
If you want to know what personal information we have collected from your devices(s), you may e-mail us at firstname.lastname@example.org. If we have any collected device information linked to your personal information we will send you a copy of this information.
If you do not want us to use your e-mail or mobile number for marketing purposes you can at all times use the opt-out contained in each marketing message, if possible in the application(s) used.
We have implemented appropriate technical and organisational security measures to protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorised disclosure, abuse or other processing in violation of the provisions laid down in Danish Act on Processing of Personal Data.