Terms and Condistions.
Due to the number of sources from which the content and the advice provided on the Site and via the Services (the “ Content and Advice”) is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and Advice and the Site.
THE CONTENT AND ADVICE AND THE SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. Smart Swing, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AND ADVICE AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND Smart Swing HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
IN NO EVENT SHALL Smart Swing, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY Smart Swing NEGLIGENCE OR CONTINGENCIES BEYOND Smart Swing CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT AND ADVICE AT THE SITE.
IN NO EVENT SHALL Smart Swing, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ADVICE OR THE SITE ITSELF.
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Site. For avoidance of doubt, the ability to access our Site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
This Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Site, and the offering of financial contracts via this Site, may be restricted in certain jurisdictions, and, accordingly, users accessing this Site are required to inform themselves of, and to observe, such restrictions.
Smart Swing grants you a non-exclusive, non-transferable and personal license to access and use its Site (the " License"). This License is conditioned on your continued compliance with these Terms and Conditions. You agree not to "deep-link" to the Site, resell or permit access to the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of Smart Swing. For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the Site, made in breach of this section. You agree not to use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if Smart Swing believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that Smart Swing, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
Links to Third Party Sites
This Site contains hyperlinks to web sites operated by persons other than Smart Swing. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Smart Swing responsible for the content or operation of such web sites. A hyperlink from this Site to another web site does not imply or mean that Smart Swing endorses the content on that web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Site.
If you wish to make purchases from an area of the Site, you may be to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Smart Swing liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.
THE LIABILITY OF Smart Swing, Smart Swing OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED TO Smart Swing IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
Smart Swing may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (" Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data (" Market Information ").
Market Information provided on the Site pages is not intended as investment advice. Smart Swing does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. Smart Swing and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.
Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Smart Swing nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice.
You agree that neither Smart Swing nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Smart Swing to receive Market Information.
Use and Access to the Site
You shall be responsible for providing and maintaining the means by which to access the Site, which may include, but is not limited to, a personal computer, modem and telephone or other access line.
You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you will gain access to the Site and the Services (hereinafter referred to as " computer" or " your computer").
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
You agree that Smart Swing will not be liable in any way to you in the event of failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You will not transmit to or in any way, whether directly or indirectly, expose Smart Swing or any of Smart Swing's online service providers to any computer virus or other similarly harmful or inappropriate material or device.
Smart Swing reserves the right to suspend the operation of this Site or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
You agree that Smart Swing will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under these Terms and Conditions, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after these Terms and Conditions were concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Site.
Smart Swing shall not be liable, and you agree not to hold or seek to hold Smart Swing or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Smart Swing does not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Smart Swing will have adequate capacity for the Site as a whole or in any geographic location.
Smart Swing does not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. Smart Swing does not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing Smart Swing will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
All content, trademarks, services marks, trade names, logos and icons are the property of Smart Swing or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site other than as set out in these Terms and Conditions.
Images displayed on the Site are either the property of Smart Swing or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Smart Swing.
Nothing contained on the Site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Smart Swing or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.
You agree to fully indemnify, defend and hold harmless Smart Swing, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you; and/or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, Smart Swing or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating the Terms and Conditions or any other agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of England, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Smart Swing anywhere else in the world.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in London, England to settle any dispute, which may arise in relation thereto.
It is important that you be fully aware of the following points: The high level of leverage effect possible in conducting foreign currency transactions stems from the fact that it is only necessary to pay relatively modest margins or guarantees in relation to the scope of the contract.
The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.