Terms & Conditions.
Triggerbuddy user agreement.
TRIGGERBUDDY LIMITED (TL)
Company Registration: 08030992
THIS AGREEMENT CONTAINS IN CLAUSE 13 EXCLUSIONS AND LIMITATIONS OF TL’S LIABILITY TO YOU
IMPORTANT: PLEASE READ THIS ELECTRONIC TL AGREEMENT BEFORE USING ANY TRIGGERBUDDY SOFTWARE. DOWNLOADING TRIGGERBUDDY ON TO YOUR COMPUTER CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOU REPRESENT AND WARRANT THAT ALL REGISTRATION INFORMATION YOU SUBMIT TO TL IS ACCURATE AND THAT YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION AND THAT YOUR USE OF THE TRIGGERBUDDY WILL NOT VIOLATE ANY APPLICABLE LAW OR REGULATION, AND YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT
1.1. Account Information: Your name, access numbers, account numbers, passwords, Subscriber numbers and other information necessary for Your access to Triggerbuddy
1.2. Administrative Fees: Additional fees, if any, charged by TL in connection with Triggerbuddy.
1.3. Agreement: This Agreement with Triggerbuddy
1.4. Annual Subscription: Free until further notice. You will be given 30 days’ notice of any introduction of or increase in fees with a right to terminate within such period.
1.5. Applicable Fees; Service Fees and if any, Data Provider Fees, Premium Service Fees, Administrative Fees You will be given 30 days’ notice of any introduction of or increase in fees with a right to terminate within such period.
1.6. Application / App Triggerbuddy Service on any device on to which the Software can be downloaded
1.7. Beta Testing: Shall last from the date you accept these terms and conditions until the date upon which TL shall notify you in writing by letter computer message or email that Beta Testing has been concluded.
1.8. Customer Subscription Account: Account that we maintain for you with Account Information and all other information and details relating to your Subscription to and use of Triggerbuddy Services and other products and services if any provided by TL
1.9. Data Provider Fees: Fees charged by the Data Providers for their content. Data Provider Fees may include a TL Administrative Fee
1.10. Data Providers: Third parties providing data to TL for distribution to Dalton House 60Windsor Avenue London SW19 2RR
Triggerbuddy Service users
1.11. Default: The occurrence of any of one or more of the following events:
– You fail to pay any amount when due
– Any Service Facilitator revokes your right to receive material or directs TL to discontinue the provision of Service by a Data Provider
– You fail to comply with all or any of the terms and conditions of this Agreement
1.12. Home Trader: Irrespective of whether you use Triggerbuddy from your home or not this definition means that you use Triggerbuddy Service solely in connection with your own individual personal investment activities and not in connection with any trade or business for and on behalf of yourself or another.
1.13. Monthly Subscription: Free until further notice.
1.14. Premium Services: Services if any offered by TL that include enhanced information and operate in conjunction with Triggerbuddy
1.15. Premium Service Fees: If and when Premium Services are provided by TL fees applicable to Premium Services
1.16. Real-Time Information: The processing and transmission of data and information that is initiated by TL in “real time” upon You having configured Triggerbuddy Service in accordance with your requirements and the options offered by TL and paid and entered into this Agreement
1.17. Request : Those orders that you may make electronically regarding modifications including, but not limited to Requests for additional services product and/or termination of the Agreement
1.18. Service Facilitators: Any Data Provider that makes its data available to You through or in conjunction with Triggerbuddy Service or provides products or services that may be offered by TL
1.19. Service: Service provided by Triggerbuddy and as described in the definition of Triggerbuddy in 1.23 and as configured by you
1.20. Service Fees : Fees charged by TL to You, exclusive of Administrative Fees, Data Provider Fees and Premium Service Fees
1.21. Service Selection: All details provided by you when you download and configure the Software.
1.22. Service Subscription Agreement: Email confirmation generated by TL as part of the registration process, containing Your Account Information,and Applicable Fees
1.23. Software Triggerbuddy related software if any provided by Service Facilitators and included in Triggerbuddy Service.
1.24. Triggerbuddy/Triggerbuddy Service – The proprietary software being a, computer
programme designed to be used by you following Service Selection on Your computer or as an Application to provide alerts about financial information news, economic data as provided by various Service Facilitators and aggregated by us or in accordance with your Service Selection together with any related software, technical assistance, support training, manuals, documentation or related materials, and communication, transmission or delivery offered by or through Triggerbuddy
1.25. Us/Our TL
1.26. You/Subscriber: A person firm or company that enters into this Contract with TL to receive Triggerbuddy Service.
2.1. Subject to these Terms and Conditions TL hereby grants You a non exclusive, non transferable, limited licence to use Triggerbuddy Service for your own use as a Home Trader and not for further dissemination nor redistribution and Use of Triggerbuddy on multiple devices e.g., home and work computer at the same time with a single user name, password or similar identifier is proscribed.
2.2. You acknowledge our ownership of the Intellectual Property Rights in the Triggerbuddy Service and that such Service, our Software and any source code relating to this is our confidential information or that of our licensors.
3.1. In consideration of TL providing You with Triggerbuddy Service You shall pay the Applicable Fees to Us. We reserve the right to implement Administrative Fees from time to time. All Applicable Fees are due in advance, and Fees for any partial month shall be prorated on a thirty (30) day per month basis.
3.2. You will be given 30 days’ notice of any introduction of or increase in fees with a right to terminate within such period.
3.3. All invoices/statements will be deemed correct and final unless disputed in writing within fourteen (14) days after invoice/statement date. All correspondence regarding disputed invoices or statements must include Your name, address, telephone number and Subscriber number.
3.4. Fees are subject to change at any time upon thirty (30) days prior notice. You agree to pay any increases in Applicable Fees provided you have not given notice within such 30 day period. For Monthly Subscriptions changes will take effect at the beginning of Your next billing cycle. Annual Subscription changes will take effect upon Your Annual Subscription being renewed whether under 4.1 or otherwise.
3.5. Any pricing discounts that may be offered for services that are bundled with Triggerbuddy Service may be extinguished and in the event that You cancel a service in the bundled offer pricing will then automatically revert to Our then current pricing structure.
3.6. All Applicable Fees when paid are not refundable except where We are in breach of contract.
Free until further notice. You will be given 30 days’ notice of any introduction of or increase in fees with a right to terminate within such period.
It is acknowledged and agreed that notwithstanding any other provision of this Agreement:
5.1. TL’s ability to grant You rights relating to Triggerbuddy Service is contingent upon all rights, titles, licences, permissions and approvals obtained by TL remaining in full force and effect for the duration of this Agreement
5.2. In the event of any or all of TL’s rights, titles, licences, permissions or approvals pertaining to Triggerbuddy Service are cancelled, terminated, rescinded or not renewed, Your right to use the affected portions of Triggerbuddy Service shall automatically terminate, but that termination shall not constitute a breach by TL of all or any of its obligations under this Agreement save that you will be refunded any remaining advance fees paid for Services to that date.
5.3. This Agreement is subject to any requirements of the Service Facilitators under TL’s agreement with them including such additional financial and contractual requirements as may be imposed by such Service Facilitators from time to time;
5.4. TL may be obliged to disclose the existence of this Agreement to Service Facilitators and that disclosure may result in, among other things, the imposition on You of financial and contractual obligations by such Service Facilitators which would be notified to you and you would have the right to terminate with a refund for unused period of the term if you do not accept such obligations and
5.5. TL reserves the right to add or delete data from Triggerbuddy Service, as it deems appropriate or as it may be required to do so by Service Facilitators.
6. Trial Periods and Beta Testing
6.1. During the period of Beta Testing as Subscriber you shall receive Triggerbuddy free from all Applicable Fees or other charges .
6.2. After Beta Testing has been concluded as a Subscriber during the Beta Testing period you shall receive Triggerbuddy Service for 14 days free of all Applicable Fees and other charges.
6.3. After Beta Testing has been concluded all Subscribers to Triggerbuddy Service shall receive it free of charge for 14 days from the date and it will be deemed to be on the terms and conditions contained in this Agreement
6.4. We may from time to time offer you a trial period relating to developments of Triggerbuddy and other service and products on a free or paid basis and in that case you may cancel before the end of the trial period and if you have paid for it we may keep or in our entire and absolute unfettered discretion refund all or part of the fee that you may have paid. We will however always refund any fee for any period after you cancel the Service.
6.5. After a trial period has expired Subscriber is ineligible to receive any refund except where it cancels from that period and only then in relation to payments for a future period and except where We are in breach of this Agreement.
7. Service Reactivation.
7.1. You may reactivate previously cancelled Triggerbuddy subject to payment in full of at least one month of Applicable Fees and any past due balance remaining on Your Customer Subscriber Account..
7.2. Reactivated Triggerbuddy is not eligible for any promotions that may have been on offer with Triggerbuddy Service
8. Additional Product and Services.
8.1. You may from time to time subscribe to additional Triggerbuddy Product and Services, subject to prior receipt of related amendments if any to this Agreement and payment in advance for all additional fees or such additional Triggerbuddy Product and Services.
8.2. All additional Triggerbuddy Product and Services provided by Us shall be governed by the terms and conditions of this Agreement
9. Your Representations and Warranties
You Represent and Warrant that:
9.1. You shall meet and comply with all requirements that may be imposed from time to time by regulated financial markets worldwide or Service Facilitators if any is required for You to receive financial market information by way of Triggerbuddy Service.
9.2. Qualify as a receiver of financial market information by way of Triggerbuddy Service.
9.3. You make this Agreement in your own individual capacity and not for or on the behalf of any firm, corporation, partnership, trust, association or other entity
9.4. You shall use Triggerbuddy as a Home Trader
9.5. Your use of Triggerbuddy Service has been accurately determined and restrictions on access and use have been observed
9.6. You agree to keep complete and accurate books, records and related documentation concerning Your use
of Triggerbuddy Service.
10.1. You accept responsibility for the confidential use by You of Account Information Requests and Customer Subscription Account and all Requests received by TL will be deemed to have been received from and with Your authorisation. All Requests shall be deemed to be made at the time recorded by TL and in the form received
10.2. You shall notify TL immediately if You become aware of any
10.2.1 loss, theft or unauthorised use of Your Account Information
10.2.2 failure by You to receive an electronic message that a Request initiated by You has been received and/or executed
10.2.3 failure by You to receive accurate confirmation of a Request or its execution within five (5) business days after submitting the Request or
10.2.4 receipt of confirmation or electronic message of a Request that You did not place or any similarly inaccurate or conflicting report or information.
11. Copyright Protection, Ownership of Triggerbuddy.
All rights, title, and interest in Triggerbuddy Service and all documentation relating to and in connection with Triggerbuddy Service in all languages, formats, and media throughout the world, including all copyrights, trademarks and service marks are and shall continue to be the exclusive property of TL or any company that acquires all or part of TL and You shall not:
11.1. reproduce, retransmit, disseminate, sell, publish, broadcast, circulate, provide or redistribute Triggerbuddy Service or information in any manner or for any purposes without the prior express written consent which TL shall be entitled to give or withhold in its absolute and unfettered discretion.
11.2. disassemble, decompile or reverse engineer Triggerbuddy Service, or create any derivative works from Triggerbuddy Service to the fullest extent permissible by applicable law
11.3. use Triggerbuddy Service for any unlawful purpose and shall comply with all requests by TL to protect the rights of TL in Triggerbuddy
12. Exporting of Triggerbuddy Service Prohibited.
By using Triggerbuddy Service You represent and warrant that
12.1 You are not a citizen, national or resident of, and are not under the control of, any country which has prohibited exports of software such as Triggerbuddy Service.
12.2 You will not download or otherwise export or re-export the Software, directly or indirectly, to Countries referred to in Clause 12.1 nor to citizens, nationals or residents of those Countries.
12.3 You are not listed on, nor owned or controlled by anyone listed as a proscribed person by the Treasury of the United Kingdom.
12.4 You will not download or otherwise export or re-export the Software, directly or indirectly, to persons firms or companies or entities on a list of the type described in 12.3.
12.5 You will not use the Software for, and will not allow the Software to be used for, any purposes proscribed by the laws of England and Wales.
13. Warranty, Exclusion and Limitation of Liability.
13.1. TL warrants that Triggerbuddy Service is of satisfactory quality, fit for purpose as described in its marketing literature and does not infringe the intellectual property rights of any third party in the UK.. If there is a breach of this warranty TL may choose to offer a refund for the period during which the Software was not functioning or infringement intellectual property rights, with damages limited to the fees paid by You, if any, Other than this warranty, neither TL data providers, Service Facilitators nor any officer, director, employee, agent, representative or affiliate of any of the foregoing make any other warranty of any kind, express or implied, regarding any aspect of Triggerbuddy Service (including, but not limited to, information access). You acknowledge that the accuracy of all alerts must be checked by You before You act or omit to act.
13.2. You acknowledge and agree that TL disclaims all liability and responsibility for, and that no, third party supplier, nor director, of TL shall have any liability, contingent or otherwise for, the truthfulness, accuracy or timeliness of Triggerbuddy Service or the truthfulness, accuracy, timeliness, completeness or correct sequencing of the information, or any decision made or action taken or not taken by You in reliance upon all or any part of the information by or through Triggerbuddy Service, or for any interruption or delay of any data, information, or any other aspect of Triggerbuddy Service.
13.3. In no event will TL or any third party supplier, or director be liable to You and/or Your clients or customers or any other party for all or any including, but not limited to, loss of profits, trading losses, including consequential loss whether direct or indirect or damages that result from inconvenience, delay, error or loss of the use of Triggerbuddy Service, or claims arising in tort including negligence, even if TL has been advised of or are otherwise aware of the possibility of any of the foregoing
13.4. You understand and agree that save in so far as applicable statute may otherwise provide any material downloaded or otherwise obtained by or through Triggerbuddy Service is done at Your own risk, and that You will be solely responsible for any damages to You and/or Your computer system or loss of data that results from the download of such material. You expressly understand and agree that TL disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of Triggerbuddy Service. TL disclaims any responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any of Triggerbuddy Service. Tl disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through Triggerbuddy Service, including, without limitation, for harm caused by viruses or similar contamination or destructive features.
13.5. You acknowledge and agree that neither Triggerbuddy Service nor any of the information are intended to supply investment, financial, tax or legal advice. TL offers no advice regarding the nature, potential value, or suitability of any particular security, transaction, investment or investment strategy. You acknowledge and agree that the use of Triggerbuddy Service and information, and any decisions made in reliance upon Triggerbuddy Service and information, are made entirely by You and at Your own risk
13.6. TL is not a broker and any online order execution You may make in connection with Triggerbuddy Service must be provided by an independent broker with whom You must have an existing account. TL does not endorse or recommend any action or inaction by you whether as a result or not of your use of Triggerbuddy Service. You or Your broker are solely responsible for any investment decision whether purchase or sale and agree that neither TL, Service Facilitators nor any directors of them shall be liable for any damages or costs of any type whatsoever arising out of or in any way connected with Your use of Triggerbuddy Service, including, but not limited to losses as described in 13.3..
13.7. The information on the TL website and Application has been prepared and issued on the basis of information available to TL at the time and other sources believed to be reliable but neither TL nor any director shall in any way be responsible for its content. The website and Application does not constitute an offer or solicitation to buy or sell securities not does it constitute investment advice
13.8. No action arising from or pertaining to this agreement may be brought by You more than one (1) year after such action occurred
13.9. If notwithstanding exclusion of liability we are adjudicated by order of the court in England and Wales
or any court that purports to have jurisdiction to be liable to you your maximum recovery for any damages arising out of or related to this Agreement, regardless of the form of action that imposes liability, whether in contract, equity, negligence, tort or otherwise, shall be limited to and not exceed, in the aggregate for all claims, actions, and causes of action of every kind and nature, the greater of the amount of the Applicable Fee and TL products if any paid to under this agreement for the six (6) months prior to the time such liability by order of the court arose;
13.10. Nothing contained in this clause 13 shall be construed so as to limit either party’s liability for death or personal injury caused by its negligence nor for losses caused by its fraud
14. Personal Information.
14.1 TL will collect and use personal information about You, including Your name, email address, phone number, location and use of the Triggerbuddy Service. Your personal information will be used by TL in accordance with Our obligations under relevant data protection laws for the following purposes:
14.1.1 account creation and administration, including payment processing;
14.1.2 provision of services, products or information You have requested;
14.1.3 marketing related products and services.
14.2 Your personal information may be shared with or accessed by Our service providers, such as Stripe, for the purpose of providing services to You. Your information may also be shared with any successor or assign of TL, or any company which acquires all or part of Our business. These companies may be located in countries outside the EU. We may also disclose Your personal information if We are required to do so by law, court order or order of a regulatory body.
You hereby agree to indemnify and keep indemnified TL, and its directors against all and any claims, losses, liabilities, costs, and expenses demands debts obligations damages consequential loss direct and indirect costs and expenses of any kind or nature whatsoever arising from or relating to:-
15.1 Your use of Triggerbuddy Service
15.2 Your breach or violation of this Agreement
15.3 Your infringement of Our Intellectual Property Rights and/or those of Service Facilitators and/or third party intellectual property rights including, but not limited to copyright and privacy rights
15.4 Disclosed or undisclosed claims that You may have against third parties or third parties may have against you arising out of or in any way related to Triggerbuddy Service
15.5 If you cause Service Facilitators loss or damage in any way whatsoever howsoever arising or loss or damage that they may have suffered as a result of Your use or misuse of Triggerbuddy Service.
16.1 By TL
16.1.1 We may terminate this Agreement and that includes all Triggerbuddy Service Your Customer Subscriber Account and Service Subscription Agreement immediately without prior notice in the event of Your Default or breach of all or any of the terms or conditions of this Agreement
16.1.2 TL has the right in its absolute and unfettered discretion to restrict, terminate, suspend or cancel any Triggerbuddy Service Customer Subscription Account, Service Subscription Agreement or this entire Agreement, in full or in part, at any time and for any reason, without prior notice and without liability other than in the case where there is no breach of these terms by You for a refund of advance charges paid for the forthcoming period after termination.
16.1.3 If any Service Facilitators furnishing data or other information used in Triggerbuddy Service discontinue transmission of such data or information or cease to furnish same or in a manner that is incompatible with TL’s Software or Hardware, TL may terminate as much of this Agreement as is affected by the discontinued data or information, without advance notice and without incurring any liability to You.
16.1.4. Without prejudice to TL’s other rights in the event of Your default or suspected default of all or any of the terms of this Agreement TL may within its entire and absolute discretion without prior notice switch off Your use of Triggerbuddy Service so that it can no longer be used by You.
16.2. By You.
You may request cancellation of a service provided to you by TL and/or Your Customer Subscriber Account at any time upon your having given 14 prior written days notice to TL via the triggerbuddy.com website. Cancellation shall take effect at the beginning of Your next billing cycle; any cancellation request received less than twenty-four (24) hours prior to the beginning of Your next billing cycle, shall not take effect until the following billing cycle. If you have an annual subscription you must give not less than 90 days’ prior written notice to terminate service provided by Triggerbuddy at the end of the initial subscription term or the then current renewal term whichever is the later. Given the nature of the Triggerbuddy Service that starts immediately, You have no right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 and You hereby consent to such immediate start to the Service. However Your right to cancel on 14 days’ notice above shall apply.
16.3 Consequences of Termination
16.3.1 You shall promptly return to TL or destroy all hard-copy versions of Triggerbuddy, and purge from Your computer systems all electronic or “soft-copy” versions of Triggerbuddy including any configured version.
16.3.2 Upon termination all Applicable Fees shall become immediately due and payable and You authorise TL to apply any unpaid balance in your Customer Subscription Account towards those arrears and pay off Applicable Fees.
16.3.3 Neither TL nor Service Facilitators shall have any liability to you in connection with termination and no Applicable Fees that have been paid shall be refunded or if not paid rebated
17.1 Modifications to this Agreement. You agree that this Agreement can be amended, supplemented, or changed by Us sending you 30 days notice and the changes shall be effective 30 days after the service of the notice.
17.2 Waiver. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
17.3. Governing Law and Jurisdiction. This Agreement will be governed by and construed in all respects in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
17.4. Force Majeure. TL not shall be liable for any loss resulting from, and TL’s performance under this Agreement shall be excused in the event of, any interruption and/or delay due to any cause over which such entities do not have direct control, including, but not limited to interruption of communication methods, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labour dispute, acts of Service Facilitators acts of third-party information providers, third-party software or third-party hardware
17.5. Entire Agreement. This Agreement (including all documents incorporated herein by reference) and the Service Subscription Agreement embody the entire understanding between the parties with regard to its subject matter and supersede any and all prior representations and agreements, oral or written.
17.6. Headings. The headings appearing herein are inserted only as a matter of convenience and as a
reference, and in no way define, limit or describe the scope or intent of the applicable clause or this Agreement.
17.7. Severability. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law and the validity and enforceability of the other provisions shall not be affected thereby.
17.8. Assignment. This Agreement shall not be assignable by You, either in whole or in part whether at law or inequity. TL reserves the right to assign its rights and obligations under this Agreement.
17.9. Notices. Except as otherwise provided herein, all written notices permitted or required hereunder shall be sent to TL at the address on page 1 above by post or courier and or by e-mail to: email@example.com and to You at the address and email address given at registration. All notices shall be deemed to have been given upon actual receipt by TL.
17.10 Survival. Sections 1, 3, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of this Agreement shall survive the termination of this Agreement and shall apply indefinitely.
17.11. Third Party Rights. The parties to this Agreement do not intend that any of its terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it except that Service Facilitators may enforce the relevant parts of this Agreement but only insofar as it relates to the protection of the interests of Service Facilitators.
17.12 If payment is not made when due Interest shall accrue at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8.5%).