Terms of Use
MinuteFXSignals.com Terms of Use
Our Terms of Use last updated on 18 December 2023.
Please read these Terms of Use carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Use:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "MinuteFXSignals.com", "We", "Us" or "Our" in this Agreement) refers to MinuteFXSignals.com website.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Products refer to the products or items offered for sale on the Service.
Orders mean a request by You to purchase Products from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms of Use (also referred as "Terms" or "Terms and Conditions") mean these Terms of Use that form the entire agreement between You and MinuteFXSignals.com regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to MinuteFXSignals.com, accessible from https://www. MinuteFXSignals.com
You means the individual accessing or using the Service, or MinuteFXSignals.com, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Use governing the use of this Service and the agreement that operates between You and MinuteFXSignals.com. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.
You represent that you are over the age of 18.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of MinuteFXSignals.com. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Member conduct
You agree not to use the Services in any manner that violates these Terms or our Community Guidelines, including to:
• Obtain or attempt to obtain unauthorized access to the Services or to our servers, systems, network, or data;
• Make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Violate any applicable laws or regulations;
• Impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
• Make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
• Post content containing advertisements or other commercial solicitations without our prior written permission;
• Make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
• Interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
• Access or collect data, or attempt to access or collect data, from our Services using any automated means, devices, programs, algorithms or methodologies, including but not limited to robots, spiders, scrapers, data mining tools, or data gathering or extraction tools, for any purpose without our express, prior permission.
• Use any material or content from, including without limitation any data, (a) to create any database, archive, mobile application, data feed, widget or any other aggregated data source that competes with or constitutes a material substitute for the Services, in whole or in part, offered on any of our Services or the services offered by our data providers, or (b) to provide any service that competes with or constitutes a material substitute for our Services or data offered by MinuteFXSignals.com or our data providers.
• Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
• Export Control. You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanctions programs administered by the U.S. Department of Treasury, Office of Foreign Assets Control. You represent and warrant that you: (1) are not a prohibited party identified on any government export exclusion lists (see e.g., http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm); (2) will not re-export or use the Services to transfer software, technology, or other technical data to prohibited parties or countries; and (3) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses or conduct any other activities involving the Services that violate the export and import laws of the U.S. or other applicable countries.
• Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
• Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless we have given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software).
• Software and Platform License. Subject to your continuing compliance with these Terms, we grant you a personal, paid subscription based, non-transferable, non-assignable, revocable, and non-exclusive license to use the Software and Platform License and APIs we may provide to you as part of the Services. This License is for the sole purpose of enabling you to use as part of the benefit of the Services we provide, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software and Platform, unless applicable laws prohibit those restrictions or you have our explicit written permission.
• Support. Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean that we will continue to provide you with support in the future.
• Fees. We reserve the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in our sole discretion. If we decide to charge fees, our payment terms will apply and we will provide you with prior notice.
• Different Versions of the Services. Different features may be available in different versions of the Services and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of the Services, or is using third party software.
• Anti-Abuse Policy. We prohibit sending unsolicited emails or messages using our Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without our prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
• RSS Feeds. If you use an RSS feed provided by us (each, “MinuteFXSignals.com RSS Feed”), you are only permitted to display the content that is provided in the feed, without modification, and you must provide attribution to our source website and link to the full article on MinuteFXSignals.com RSS Feed content. You may not incorporate advertising into any MinuteFXSignals.com RSS Feed. We reserve the right to discontinue any MinuteFXSignals.com RSS Feed at any time and to require anyone to cease use of a MinuteFXSignals.com RSS Feed at any time for any reason. Each of our products or services may also have more specific Terms of Use for related MinuteFXSignals.com RSS Feeds.
Your Account; Notices
Account Information.
You may need an account to use some Services. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All MinuteFXSignals.com accounts are non-transferable, and any rights to them terminate upon the account holder’s death.
Access to Your Account.
You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to Minute FX Signals, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
Notices.
MinuteFXSignals.com may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
Privacy and Data Protection
Our Privacy Policy describes who we are, what information we collect from you, how we process your information, who we share it with, and your rights under data protection laws.
Modifying and Terminating the Services; Terminating Accounts
We are constantly innovating, changing and improving the Services. Unless stated differently, we may without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
You can stop using the Services at any time. You may cancel and delete your MinuteFXSignals.com account at any time.
Unless stated differently, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others. If the Service is a paid service, please consult our payment terms.
Legal and Financial Advice Disclaimer for Our Products
You understand that we offer charting and signals services relating to various financial instruments, our products and services serves primarily as tools to “assist and help” you as a trader and investor of those instruments, to assess along with your other tools towards making your own trading or investing decisions.
You acknowledge that we are not legal or financial advisors and our signals service does not constitute any legal or financial advice. Furthermore, you acknowledge that we are not providing any such legal or financial advice.
You understand and acknowledge that it is your responsibility to ensure that you understand or know the financial instruments you are intending to trade or invest.
You understand and acknowledge MinuteFXSignals.com is not liable or responsible for any losses incurred from you using our services, and that we give no representations or warranties, express or implied, that using our services are complete, accurate or free from errors or omissions.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts. And, that you understand, acknowledge and accept all of MinuteFXSignals.com’s Terms of Use, Privacy Policy, Disclaimer and Refund Policy.
Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
• Products availability
• Errors in the description or prices for Products
• Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned or refunded in accordance with these Terms of Use.
Refunds
MinuteFXSignals.com provides no refunds whatsoever for any products/services that are sold after the MinuteFXSignals.com’s grace period. By purchasing any of our products/services, you agree that you have read, understood, and accept our Refund Policy. If you purchase a Product, and for some reason you decide that you would like a refund, please refer to our MinuteFXSignals.com’s Refund Policy for details and clarification.
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (Stripe, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Stalled Payments
For customers who enrol in any of our Installment plans, you agree and understand that your credit card will be auto-billed by our Merchant Payment Processor on your Calendar Cycle Date. You agree and understand that you are required to keep your credit card up to date and that it is your responsibility to ensure that your payment is processed successfully. You also agree and understand that in the event your payment fails to process, then your access to our products/services may be suspended until you resolve the payment issues on your end.
Monthly and Yearly Membership Subscription Payments
For customers who enrol and subscribe in any of our Monthly or Yearly Membership plans, you agree and understand that your credit card will be auto-billed by our Merchant Payment Processor on your Calendar Cycle Date. You agree and understand that you are required to keep your credit card up to date and that it is your responsibility to ensure that your payment is processed successfully. You also agree and understand that in the event your payment fails to process, then your access to our products/services may be suspended until you resolve the payment issues on your end.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Prices Policy
MinuteFXSignals.com reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by MinuteFXSignals.com subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in taxes or duties, higher foreign exchange costs and any other matter beyond the control of MinuteFXSignals.com. In that event, You will have the right to cancel Your Order.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Limitations Of Use Of Our Live PROFESSIONAL CHARTS and EARLY TRADE ENTRY SIGNALS Platform
It is our policy that each Member can only register 2 devices for use to access the PROFESSIONAL CHARTS and EARLY TRADE ENTRY SIGNALS Platform. At any given time, only 1 of the 2 registered devices can login in and access the Live PROFESSIONAL CHARTS and EARLY TRADE ENTRY SIGNALS Platform.
Furthermore, members are prohibited to Share or Disseminate by any means:
• contents from within the PROFESSIONAL CHARTS and EARLY TRADE ENTRY SIGNALS Platform
• contents from within the Members Resources
Breach of this policy shall result in termination of access without notice from us, and we reserve full rights to seek legal action and financial remedies.
Non-Commercial Use By Members
Members are prohibited to use the services of the website in connection with any commercial endeavours or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of MinuteFXSignals.com and should not use the site for any purpose.
Links & Framings
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the page to which you wish to link to, to make sure that our content providers do not have their own policies regarding direct links to their content on our sites.
Testimonial Disclaimer
Testimonials within this site were received via email or placed in the comments section of our various social media channels. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or other. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
Social Media Contents
Your Right to Post Content within our Social Media - Members Area
Our Service allows You to post Content within our Social Media - Members area. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
MinuteFXSignals.com is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including MinuteFXSignals.com and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.
MinuteFXSignals.com reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms of Use, and may refuse or remove this Content. MinuteFXSignals.com further reserves the right to make formatting and edits and change the manner of any Content. MinuteFXSignals.com can also limit or revoke the use of the Service if You post such objectionable Content. As MinuteFXSignals.com cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will MinuteFXSignals.com be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, MinuteFXSignals.com does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
MinuteFXSignals.com will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that MinuteFXSignals.com has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Of MinuteFXSignals.com
At all times you understand and acknowledge that all contents and intellectual properties contained within MinuteFXSignals.com website, its Members Area and MinuteFXSignals’ Social Media Accounts remain that property of MinuteFXSignals.com. The Service and its original content, features and functionality are and will remain the exclusive property of MinuteFXSignals.com.
The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. You are prohibited from sharing, distributing or disseminating any property of MinuteFXSignals.com without MinuteFXSignals.com’s express consent.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MinuteFXSignals.com.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see https://www.minuteFXSignals.com/contact-us) and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
• You can contact our copyright agent via email (see https://www.MinuteFXSignals.com/contact-us). Upon receipt of a notification, MinuteFXSignals.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide MinuteFXSignals.com. If for any reason such assignment is ineffective, You agree to grant MinuteFXSignals.com a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by MinuteFXSignals.com.
MinuteFXSignals.com has no control over, and assumes no responsibility for, the content, Privacy Policies, or practices of any third-party web sites or services. You further acknowledge and agree that MinuteFXSignals.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the Terms of Use and Privacy Policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of MinuteFXSignals.com and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall MinuteFXSignals.com or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if MinuteFXSignals.com or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MinuteFXSignals.com, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, MinuteFXSignals.com provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither MinuteFXSignals.com nor any of MinuteFXSignals.com's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of MinuteFXSignals.com are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting MinuteFXSignals.com with Arbitration as final resort.
If you have any questions, please contact customer care using the contact information https://www.MinuteFXSignals.com/contact-us
Binding Arbitration Agreement
Agreement to arbitrate for all users. You and us both agree to resolve any and all disputes, controversies or claims that in any way arise out of or relate to these terms or from any services you receive from us (or from any advertising for any such services), including any disputes between you and our employees or agents (“dispute(s)”), only by arbitration on an individual basis or in small claims court. You understand that by agreeing to these terms, arbitration or a small claims action will be the sole and exclusive means of resolving any dispute between us. You also understand that by agreeing to these terms, you and we are giving up the right to bring a claim in court or in front of a jury (except for matters that may be brought in small claims court), and that you and we are giving up the right to proceed with any class action or other representative action. While arbitration procedures may be different than court procedures, an arbitrator can award you individually the same damages and relief as a court, and judgment on the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof. The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. We also both agree that:
i. Notice of Dispute. If either you or we intend to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent to disputes@minutefxsignals.com. Notice to you will be to your email address(es), that we have in our records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.
ii. Arbitration Procedure. The Australia International Commercial Arbitration (ICA) governed by the International Arbitration Act 1974 applies to these Terms. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the Australia International Commercial Arbitration (ICA). The ICA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms, unless you are an individual and use the Services for personal or household use, in which case the ICA's Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the ICA (https://www.ag.gov.au). These Terms govern to the extent they conflict with the ICA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
iii. Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in Western Australia, provided that your Dispute meets the requirements of the small claims court.
iv. Arbitration Location. Unless you and we agree otherwise, the arbitration must take place, or the small claims action must be filed, in the court of Western Australia.
v. Arbitration Fees and Expenses. You will pay any filing fee that the IAC charges you for arbitration of the Dispute. And, we will pay any fee that the IAC charges us.
vi. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim.
Choice of Law
These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of Western Australia without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction.
Jury trial waiver for all users
If for any reason a dispute proceeds in court rather than through arbitration, you and we agree that there will not be a jury trial. You and we unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to these terms. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Forum
If for any reason a Dispute proceeds in court rather than through arbitration, all such Disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and us, will be brought exclusively in the courts located Perth, in the State of Western Australia. In such cases, you and we agree to submit to the personal jurisdiction of the courts located within the Perth, in the State of Western Australia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Class action waiver for all users
These terms do not allow class or collective arbitrations, even if the ICA procedures or rules would. Notwithstanding any other provision of these terms, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim. Arbitration or court proceedings held under these terms cannot be brought, maintained or resolved on behalf of or by a class, as a private attorney-general, or in any other representative capacity. In addition, individual proceedings cannot be combined without the consent of all of the parties. Any question regarding the enforceability or interpretation of this paragraph will be decided by in Western Australia.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Use
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms of Use, You can contact us:
By visiting this page on our website: https://www.MinuteFXSignals.com/contact-us
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© Copyright 2023 Minute FX Signals. All Rights Reserved.
© Copyright 2023 Minute FX Signals. All Rights Reserved.