IMPORTANT LEGAL NOTICE
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) APPLY TO YOUR
ACCESS TO AND USE OF THE TRADEWISE COMMUNITY WEBSITE (THE “WEBSITE”).
EACH TIME YOU ACCESS OR USE THIS WEBSITE, YOU AGREE TO COMPLY WITH, AND
BE BOUND BY, THE TERMS AND ACKNOWLEDGE THAT WE MAY RELY UPON YOUR
AGREEMENT. PLEASE READ THE FOLLOWING TERMS CAREFULLY AND IF YOU DO NOT
ACCEPT ANY TERM, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.
Last updated: 25/02/2021
(a) Quay Enterprises Online Limited, a limited liability company incorporated in
England (Company number 09029015) and trading as “TradeWise Community”
(“we”, “us” or “our”), is the operator and provider of the
http://tradewise.community website (the “Service”).
(b) References in these Terms to “you” or “your” are to any person reading these
Terms or accessing of using the Services.
(c) Please read these Terms carefully. By accessing or using Services or by using
any facilities or services made available through it, you are agreeing to these
Terms which constitute a contract between you and us (the “Agreement”).
(d) The Services are made available to you on the condition that you read and
accept the Terms (as amended from time to time). You must agree to all of the
terms of this Agreement. If you do not agree to or accept all of the terms of
this Agreement, please immediately discontinue access to, and use of, the
Services. By accessing or using the Services you agree that you have read,
understood, and accept all of the Terms contained in this Agreement, as well
(e) If you are accessing or using the Services on behalf of a business, you agree
that you are accepting these Terms and have authority to enter into these
Conditions, on behalf of that business.
(f) If you are under the age of eighteen (18) or the legal age for entering legally
binding contracts under applicable laws, you are not permitted to access or use
the Services. By continuing to access or use the Website, you indicate that you
are 18 years of age or older or have the legal capacity to enter legally binding
contracts under applicable laws. Misrepresentation of your age to gain access
to the Services is a breach of this Agreement.
- INFORMATION ON WEBSITE
2.1 Nothing on the Website (“Information”) is, or shall be deemed to constitute,
financial, investment or other advice or a recommendation or endorsement by us in
respect of any product or service referred to on the Website. Information on this
Website is provided for general information purposes only, should not be relied upon
by you. You should always check the suitability, adequacy and appropriateness of any
product or service that is of interest to you and it is your sole decision whether to
obtain or refrain from obtaining any product or service. If you are in any doubt as to
the suitability, adequacy or appropriateness of any product or service referred to on
this Website, we suggest that you seek independent professional advice before you
obtain any product or service referred to on this Website.
2.2 The Information is provided for personal use and information purposes only. The
Information does not take account of the investment objectives, financial situation
and particular needs of any particular person and is not general advice to any class of
persons. Therefore, you should not rely on the Information and should obtain relevant
and specific professional advice in making any investment decision. In particular,
nothing on this Website constitutes or should be construed to constitute
(i) an offer, advice, invitation or solicitation from us to buy or sell any investments or
securities, futures, options or other financial instruments;
(ii) an invitation or inducement to engage in investment activity or a financial
promotion of any kind; or
(iii) investment advice or recommendation.
- REVISIONS TO THIS AGREEMENT
From time to time, we may revise this Agreement and. we reserve the right to do so,
in our sole and absolute discretion, and you agree that, to the fullest extent permitted
by law, we have this unilateral right. Your continued use of the Website, the Services
or the Information shall be deemed acceptance of the then prevailing Terms. You
agree that all modifications or changes to this Agreement shall take effect and be
enforceable immediately upon posting and any updated or edited version supersedes
any prior versions immediately upon posting, and the prior version is of no continuing
legal effect unless the revised version specifically refers to the prior version and
explicitly states that the prior version (or portions thereof) will remain in effect. If you
do not wish to be bound by the revised Terms, you must discontinue accessing the
Website the Services or the Information.
- JURISDICTIONAL RESTRICTIONS
4.1 The laws and regulations of the country from which you access the Website may
include restrictions on the distribution of the Information. This Website is not directed
at or intended for distribution to or use by any person or entity in any jurisdiction
where (by reason of that jurisdiction’s applicable securities or other laws, person’s
nationality, residence or otherwise) such distribution, publication, availability or use
of this Website or any Information would be contrary to applicable law or regulation
or would subject us to any registration or licensing requirement within such
jurisdiction. If you are such a person or entity, you are not authorised to enter the
Website. It is your responsibility to ensure that your use of this Website complies with
any restrictions or any applicable local laws regarding use of the Information on this
Website. Persons or entities in respect of whom such restrictions apply must not
access the relevant pages on this Website.
4.2 The Information displayed on this Website contains material that may be interpreted
by the relevant authorities in the country where you are viewing this Website as a
financial promotion or an offer to purchase securities or other financial products or
services. Accordingly, if you reside in any such country or fall within the scope of any
law that seeks to regulate financial promotions in the country of your residence or in
the country in which you are viewing this Website, please cease accessing or using
this Website immediately.
4.3 If you are uncertain about your position under the laws of the country in which you
are viewing this Website, then you should seek clarification by obtaining legal advice
from a lawyer practicing in the country of your residence or in the country in which
you are viewing this Website before accessing this Website.
- ACCURACY OF INFORMATION
5.1 Whilst the information contained on the Website has been given in good faith and
every effort has been made to ensure its accuracy, the Information may not be
complete or accurate for your purposes. This Website and the Information is provided
on an “as is” basis and we may not, and have no obligation to, update the Information
or correct any inaccuracy which subsequently becomes apparent. The Information
and/or opinions and estimates comprised in the Information may be changed or
withdrawn without notice and may become outdated. You, therefore, should verify
any information or other material obtained from this Website before you use it. If you
use the Information, you do so at your own risk.
- RESTRICTIONS ON USE
6.1 Subject to these Terms and your acceptance thereof, we grant you a limited, nonexclusive, non-sublicensable, and non-transferable license to access Website solely
for approved purposes as determined by us. Any other use is expressly prohibited. We
reserve all rights in Services and you agree that these Terms do not grant you any
rights in or licenses to Services except for the limited license set forth above. Except
as expressly authorized by us, you agree that you will not (a) duplicate or reproduce
any part of the Website or its content; (b) create any derivative works based on or
using the Website or its content, and you agree and stipulate that any and all
derivative works are NOT “fair use”; (c) use Website or its content for any public
display, public performance, sale or rental, and you hereby agree and stipulate that
any and all such uses are NOT “fair use”; (d) use any content to develop, create,
register, list, trade, clear, or settle any investment product or financial product of any
kind; (e) knowingly or recklessly use and/or take advantage of a technical or
technological error, loophole or glitch in the Services; (f) re-distribute any content of
the Website, and you hereby agree and stipulate that any and all such uses is NOT
“fair use”; (g) remove any copyright or other proprietary notices from the Website or,
falsify or delete any author attributions, legal or other proper notices or labels of the
origin or source material that is uploaded or otherwise provided by you; (h) frame or
utilize any framing techniques in connection with the Website, Services or content; (i)
translate, reverse-engineer, decompile or disassemble the Services or the content; (j)
use any meta-tags, pay-per-click advertising, or any other “hidden text” using our
name or marks, and you hereby stipulate that any such use is an infringement upon
our trademark rights, and you agree to indemnify us for any loss and damage that
will be suffered by us as a result of such infringement, plus you agree to pay any and
all fees incurred in the recovery of this amount, including legal fees and all associated
costs; (k) “Deep-link” or hard-link to any part of the Website or the Services, or avoid
accepting acknowledgement of these Terms; (l) use any data mining, bots, scrapers
or similar data gathering and extraction tools through the Website or the Services;
(m) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share,
use as a service bureau or otherwise assign to any third party the content of the
Website or the Services; (n) use any content on the Website in any manner that
infringes any copyright, trademark, patent, trade secret, publicity or other proprietary
right of any party; (o) upload or attempt to upload files that contain viruses, trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of the Website; (p) upload, post, email
or otherwise transmit to us any submission that you do not have a right to transmit
under contractual, fiduciary or other relationships (such as inside information, trade
secrets, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); (q) upload, post,
email or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form
of solicitation; (r) restrict or inhibit any other person from using and enjoying the
Website and the Services; (s) harvest or otherwise collect information about other
users of the Services, including email addresses or other personally-identifiable
information; (t) violate any applicable laws, regulations or these Terms; (u) upload,
post, email or otherwise transmit any material that is illegal, immoral, obscene or
defamatory of any person; (v) use any automatic device or manual process to monitor
or reproduce the Website or the content, and not use any device, software, computer
code, or virus to interfere or attempt to disrupt or damage the Services; (x) do
anything that may adversely affect proper operation of the Services and the reputation
and goodwill of us; or (y) attempt to do any of the acts described in this section or
assist or permit any person in engaging in any of the acts described in this section.
- DISCLAIMER OF WARRANTY
7.1 Express Disclaimers
By accessing the Website you expressly acknowledge and agree that:
(a) Such use of the Website, the Services and Information is at your own and sole
(b) Any material and/or data downloaded or otherwise obtained through the use
of the Website, the Services and any content is done at your own discretion
and risk, and you are solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or
(c) The Website and all content contained therein are, to the fullest extent
permitted by applicable law, provided “as is” without warranty of any kind,
either express or implied;
(d) We make no representations or warranties that the Website, the Services and
any content will be uninterrupted, timely, secure, or error-free; nor do we make
any representations or warranties as to the quality, suitability, truth,
usefulness, accuracy, or completeness of the Website, the Services or any
(e) We make no warranty, express or implied, regarding any product or service
discussed on the Website or any content relating thereto;
(f) To the fullest extent permitted by law, we make no warranty, express or
implied, regarding the availability of the Website, and shall have no liability for
any loss or damage arising from downtime;
(g) Certain products referred to on the Website, can be extremely volatile and are
vulnerable to dramatic changes and whilst their value may go up, it could also
significantly drop and result in a loss of investment. Past performance or
experience does not necessarily give a guide for the future. We are in no way
responsible or liable for any losses you may incur by purchasing any products
or engaging in any investments referenced on the Website.
7.2 No Implied Warranties
The warranties and representations expressly set forth in this Agreement are the only
warranties and representations made by us with respect to this Agreement, the
Website, its content or the Services, and to the fullest extent permitted by applicable
law, all other warranties, written or oral, express or implied, that may arise either by
agreement between you and us or by operation of law or otherwise, are excluded to
the fullest extent permitted by applicable laws.
- INDEMNIFICATION AND RELEASE
To the maximum extent permitted by applicable law, you agree to defend, indemnify,
and hold harmless us and each of our officers, directors, shareholders, members,
partners, legal counsel, employees, independent contractors, telecommunication
providers, and agents (collectively, the “Indemnified Parties”), from and against
any and all claims (including third-party claims), actions, loss, liabilities, expenses,
costs, or demands, including, without limitation, legal and accounting fees
(collectively, “Losses”), directly or indirectly, resulting from or by reason of (i) your
(or you under another person’s authority) use, misuse, or inability to use the Website,
the Services or any content thereon; (ii) any regulatory inquiry, legal action, litigation,
dispute or investigation related to your use of the Website or the Services; or (iii) your
breach of this Agreement.
To the maximum extent permitted by applicable law, you hereby discharge, acquit,
and otherwise release the Indemnified Parties, from any and all allegations, counts,
charges, debts, causes of action, claims and Losses, relating in any way to the use of
the Services, the Website or any content thereon.
Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and others who
access or use the Service.
- LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall we be liable to you, or any
other third party, for any direct, special, indirect, incidental, consequential,
exemplary, or punitive damages, including without limitation, damages for loss of
profits, loss of information, business interruption, loss of revenue, or loss of goodwill,
which may arise from any person’s use, misuse, or inability to use the Website or its
content or the Services whether due to inaccuracy, error, omission or any other cause
and whether on the part of us , our employees, officers, agents or any other person,
including any loss caused in whole or in part by any inaccuracies, incompleteness even
if we have been advised of the probability of such damages and regardless of whether
such liability is asserted on the basis of contract, tort or otherwise.
We will not be liable for any damage or interruptions caused by any computer viruses,
spyware, Trojan horses, worms or other malware that may affect your computer or
other equipment, or any phishing, spoofing or other attack. You are responsible for
maintaining the security of your environment, including regular use of malware
screening and prevention software. You should also be aware that email and other
communication services are vulnerable to spoofing and phishing attacks and should
use care in reviewing messages purporting to originate from us.
9.2 Statutory or other Rights
Nothing in this clause shall affect any statutory rights or other rights which cannot be
excluded under applicable law.
- LINKS AND LINKING
10.1 Third Party Links
We may provide, on our Website, links to websites operated by third parties as a
convenience to you. If you use these other sites, you will leave this Website. If you
decide to visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses or other destructive elements.
We make no representations, warranties or guarantees of any kind about any of the
content of any other website which you may access by hypertext link through this
Website. When you access any other website by means of a link from this Website,
you should understand that your access to that other website is independent of us
and we have no control over the content of the website, nor do we in any way endorse
or approve the content of that website. In no event will we in any way be liable to you
or any other person(s) or organisation(s) for loss or damage (whether direct, indirect,
consequential, special or other) for any use of any site linked to it by means of
hypertext or otherwise.
10.2 No Liability; Indemnification
To the fullest extent permitted by applicable laws, you acknowledge and agree that
we 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 use of or reliance on, any
such third-party content, products or services available on or through any such
website or resource. If you decide to access any such third-party website, you do so
entirely at your own risk and subject to any terms and conditions and privacy policies
You hereby agree to defend and hold harmless each of the Indemnified Parties from
and against any and all Losses that may result from your use of links that may appear
on the Website.
- INTELLECTUAL PROPERTY
The content accessible from the Website are our proprietary information and valuable
intellectual property and we retain all right, title, and interest in such content. No
rights, title or interest in any such content are transferred to you by reason of the
access to the Website or the Services.
All content on the Website, such as text, graphics, photographs, video and audio clips,
music, soundtracks, button icons, streaming data, animation, images, downloadable
materials, data compilations and software are our property or its content suppliers
and are protected by copyright laws as well as other laws and regulations.
“TradeWise Community” is our trademark. None of the marks, logos, domains, and
trademarks that you find on the Website or any content thereon may be used publicly
except with our express written permission and may not be used in any manner that
is likely to cause confusion among consumers, or in any manner that disparages or
11.3 Other Marks
Other manufacturers’ product and service names referenced on the Website or its
content may be trademarks and service marks of their respective companies and are
the exclusive property of such respective owners and may not be used publicly without
the express written consent of the owners and/or holders of such trademarks and
service marks. You acknowledge and agree that we either own or have been
authorized by relevant third-party intellectual property owners to use the trademarks,
copyright, patents, design and intellectual property of any nature and form found on
Without limiting other remedies that may be available to us, we reserve the right, in
our sole and absolute discretion to block your access to block your access to the
Website, at any time, with or without advance notice. You agree that if your access is
terminated by us, you will not attempt to regain access to the Website without our
prior written consent.
- GOVERNING LAW AND JURISDICTION
13.1 This Agreement and any dispute or claim (including non-contractual disputes or
claims) arising out of or in connection with it or its subject matter or formation shall
be governed by and construed in accordance with the law of England and Wales.
13.2 The parties agree that the courts of England shall have jurisdiction to hear and
determine any suit, action or proceedings, and to settle any disputes, which may arise
out of or in connection with this Agreement.
- RIGHT TO INJUNCTIVE RELIEF
You agree that due to the nature of our business, monetary damages for a breach of
your obligations under this Agreement would be inadequate to compensate us.
Accordingly, you agree and understand that any violation or threatened violation by
you of your obligations under this Agreement will cause irreparable injury to us and
that, in addition to any other remedies that may be available, in law, in equity or
otherwise, we will be entitled to obtain injunctive relief against any threatened breach
of this Agreement or the continuation of such breach without the necessity of proving
- MISCELLANEOUS PROVISIONS
If for any reason a court of competent jurisdiction finds any provision of this
Agreement, or any portion thereof, to be invalid, unenforceable or illegal, such
invalidity, unenforceability or illegality shall not affect the remainder of this
Agreement, which will continue to be in full force and effect, and any prior, effective
provision of the Agreement that was superseded by such invalid, unenforceable or
illegal provision shall be deemed valid and enforceable to the fullest extent.
15.2 No Waiver
No waiver or action made by us shall be deemed a waiver of any subsequent default
of the same provision of this Agreement. No failure or delay in exercising or enforcing
any privilege, right, remedy, or power hereunder shall be deemed a waiver of such
provision by us. All waivers must be in writing.
15.3 No Rights for Third Parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third
Parties) Act 1999.
15.4 Delay in Enforcement
Even if we delay in enforcing term of this Agreement, we can still enforce it later. If
we do not insist immediately that you do anything you are required to do under this
Agreement, or if we delay in taking steps against you in respect of your breaking this
Agreement, that will not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date.
15.5 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to
your access and use of the Website and the Services and the materials contained
therein. This Agreement supersedes and replaces all prior understandings or
agreements, written or oral, regarding such subject matter.
The Service and its original content, features and functionality are and will remain the
exclusive property of Trade Wise Community Website and its licensors.
If you have any questions about these Terms, please contact us.
24 Hood St,