Terms
of User Agreement
1.
Agreement
By completing the account registration process and clicking
the "submit" button, you agree to be bound by
the following User Agreement.
ForexTrendalerts.com
services (herein referred to as "ForexTrendalerts") owned
and operated by GUAVA SOFTS PVT. LTD. is provided to you
as registered members (herein referred to as "Member") under
the terms and conditions of this ForexTrendalerts Terms
of User Agreement (herein referred to as "TOA") and any
other operating rules or policies that may be published
by ForexTrendalerts on the website from time to time.
You
must read, agree with and accept all of the terms and conditions
contained in this TOA, Disclaimer and our Privacy Policy,
which include those terms and conditions expressly set out
below and those incorporated by reference, before you may
become a member of ForexTrendalerts. We strongly recommend
that, as you read this User Agreement, you also access and
read the information contained in the other pages and websites
referred to in this document, as they may contain further
terms and conditions that apply to you as a user at this
site.
2.
Modifications
ForexTrendalerts reserves the right to modify the TOA at
anytime by posting a news agreement on our site. If any
modification to the agreement is unacceptable to you, your
only recourse will be to terminate this agreement. In case
you continue to access any of our services after that time
you will be deemed to have accepted any change.
3. Subscribtion Fees
The Subscription packages provided on ForexTrendalerts are
effective from 1st January 2007. However, ForexTrendalerts
reserves the right to change its subscription packages.
In particular, ForexTrendalerts may at its sole discretion
introduce new services and modify some or all of the existing
services offered on the Site. In such an event ForexTrendalerts
reserves the right to introduce fees for the new services
offered or amend/introduce fees for existing services, as
the case may be. Changes to the Subscription Charges and
such changes shall automatically become effective immediately
after they are posted on the Site.
Unless
otherwise stated, all fees shall be quoted in US Dollars.
You are responsible for paying all fees associated with
the use of the Site and you agree to bear any and all applicable
taxes, charges, cesses etc. levied thereon. ForexTrendalerts
reserve the right to issue a warning, temporarily/indefinitely
suspend or terminate your membership and refuse to provide
you with access to the Site in case of non-payment of fees
by you to ForexTrendalerts. ForexTrendalerts also reserves
the right to take legal action in case of non-payment of
fees by you to ForexTrendalerts.
4. Membership Eligibility
To be able to subscribe to the services offered by ForexTrendalerts,
you need to be competent to contract as per the Indian Contract
Act, 1872, which excludes minors, i.e. persons below the
age of 18 years, persons of unsound mind and undischarged
insolvents. ForexTrendalerts reserved the right to terminate
your membership and refuse to provide access to the Site
in case on any such violation.
5. Account Obligations
As a registered member you are responsible for maintaining
the confidentiality of your account and Password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your
account or Password.
Further you agree to provide true, accurate, current and
complete information about yourself in the registration
form (such information being the "Registration Data") and
regularly maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
6. Copyright and Trademarks
Unless otherwise stated, the copyright and all intellectual
property rights in all material presented on the portal
are the property of ForexTrendalerts, its affiliates and
associates and are protected under applicable Indian laws.
Any infringement shall be vigorously defended and pursued
to the fullest extent permitted by law.
Without limiting the foregoing, copying or reproduction,
for redistribution or other purpose, of the web site or
any part thereof to any other server or location, including
caching of any kind is expressly prohibited.
7. Linking to the Web Site
You may provide links only to the homepage of this Web Site,
provided
(a) You do not remove or obscure, by framing or otherwise,
any portion of the homepage, (b) You give Provider notice
of such link by sending an e-mail to us and you discontinue
providing links to this Web Site if requested by Provider.
8. Governing Laws
The Terms of User Agreement and the relationship between
you and ForexTrendalerts shall be governed by the laws of
India. The Courts of law at Ludhiana shall have exclusive
jurisdiction over any disputes arising under this agreement
or other related issue arising out of the use of this site
or related services. The failure of ForexTrendalerts to
exercise or enforce any right or provision of the TOA shall
not constitute a waiver of such right or provision.
If any provision of the TOA is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and agree that
the other provisions of the TOA remain in full force and
effect.
Member agrees that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Service or the TOA must be filed within
one (1) year after such claim or cause of action arose,
or be forever barred.
The section titles in the TOA are for convenience only and
have no legal or contractual effect.
9. Electronic Communications
When you visit the Site or send emails to us, you are communicating
with us electronically. You consent to receive communications
from us electronically. We will communicate with you by
email or by posting notices on the Site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, or access to the Service.
11. Termination
You agree that ForexTrendalerts, in its sole discretion,
may terminate your account or password or use of any or
all of the services, for any reason, including, without
limitation, for improper use of any service or if ForexTrendalerts
believe that you have violated or acted inconsistently with
the letter or spirit of the TOA. ForexTrendalerts may also
in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service
under any provision of this TOA may be effected without
prior notice, and acknowledge and agree that ForexTrendalerts
may immediately deactivate or delete your account and all
related information and messages and other information relating
to you and/or bar any further access to any Service or all
of the services. Further, you agree that ForexTrendalerts
shall not be liable to you or any third-party for any termination
of your access to the Service.
Further, at the time of registration, if you provide any
information that is untrue, inaccurate, not current or incomplete
or ForexTrendalerts has a reasonable ground to suspect that
such information is untrue, inaccurate, not current or incomplete,
or not in accordance with the TOA, ForexTrendalerts has
the right to indefinitely suspend or terminate your membership
and
refuse to provide you with access to the Site.
12. Maintenance and Support
Member can obtain assistance with any technical
difficulty that may arise in connection with Member's utilization
of the Software or Services by requesting assistance via
email to admin@forextrendalerts.com. ForexTrendalerts reserves
the right to establish limitations on the extent of such
support, and the hours at which it is available.
Member
is responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for its access
to and use of the Software and Services and Member shall
be responsible for all charges related thereto.
13.
Entire Agreement
These TOA constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
The Agreement shall be governed by the Laws of India.