TERMS AND CONDITIONS
1. WEBSITE USE
1.1 Goldswans Group Limited (Goldswans) grants you a non-exclusive, limited and revocable licence to use and access this website (www.goldswans.com) (Site) (including all information on the Site) subject to these terms and conditions (Terms).
1.2 In these Terms, “us”, “we” and “our” refer to Goldswans and references to “you” and “your” is to you, the user of the Site.
1.3 By using the Site you agree to be bound by these Terms – if you do not agree with these Terms you must immediately stop using the Site.
1.4 You agree that we may change, update or otherwise amend the Site and these Terms at our absolute discretion.
2.1 Where applicable, you may register an account by providing the information requested on the Site (including full name and email address) and creating a password, or via your existing account details with an approved social network (such as Facebook).
2.2 We may accept, reject, suspend or remove any registration in our absolute discretion and without any recourse.
2.3 You acknowledge that Goldswans and its website editors rely on the accuracy and completeness of information provided by you during the registration process. You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
2.4 You must use your username and password to access the Site. It is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
4. USE OF CONTENT
4.1 The information, content and software on the Site (Content) are selected, edited, updated and made available to you at our sole discretion.
4.2 We grant you permission to temporarily download one copy of the Content for personal viewing only, provided that you may not:
(a) Modify or copy any Content;
(b) Use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
(c) Attempt to decompile or reverse engineer any software contained on the Site;
(d) Remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
(e) Use the content for investment decision-making or any other purpose that may constitute investment advice as a basis for making such decisions.
4.3 The license to use the Site and any Content shall automatically terminate if you violate any of these restrictions or other provision under these Terms and may be terminated by Goldswans at any time. Upon termination, you must destroy all downloaded copies of any Content in your possession whether in electronic or printed format. You must provide written certification of such destruction to Goldswans promptly following request.
4.4 The Content may include technical, typographical, or photographic errors. Goldswans does not warrant that any of the materials on its Site are accurate, complete, or current. Goldswans may make changes to the Content at any time without notice. Goldswans does not, however, make any commitment to update the Content.
5. USER Content
5.1 Some areas of the Site allow users (including Authors) to provide content such as articles, profile information, comments, questions, and other content or information (User Content). User Content shall be submitted for editorial review and approval in our absolute discretion.
5.2 Subject to these Terms, we claim no ownership rights over User Content.
5.3 User Content shall be made available for view, edit and/or share in our absolute discretion, accordance with settings on the Site and these Terms. Goldswans has the right (but not the obligation) in its sole discretion to edit or remove any User Content from the Site.
5.4 We do not accept any responsibility or legal liability whatsoever for any act or omission of any user relating to User Content or otherwise arising from or in connection with use of the Site.
5.5 For the purposes of this clause and any limitation or exclusion of liability under these Terms, User Content that you submit on the Site (Your Content) includes all comments, information, designs, logos, images and other content provided in or otherwise in connection with your use of the Site.
5.6 We represent, warrant and ensure that:
(a) Our Content is accurate and not false, defamatory, misleading or otherwise deceptive in any way;
(b) We are independent or have expressly made all necessary disclaimers, including of any perceived, potential or actual conflict of interest;
(c) Our Content shall not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person;
(d) Our Content shall not create a risk of any other loss or damage to any person or property;
(e) Our Content is not harmful, abusive, racially, ethnically or religiously offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(f) Our Content does not harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(g) Our Content compliant with these Terms and not illegal (including the disclosure of insider information under securities law or of another party’s trade secrets);
(h) We are the sole and absolute owner of all intellectual property rights in Our Content or otherwise have the full right, authority and capacity to license Our Content for the purposes of the Site; and
(i) Reproduction or use of Our Content on the Site shall not infringe any intellectual property rights (including moral rights) of any third party.
6. CONDITIONS OF USE
6.1 It is a condition of use that:
(a) You are over the age of 18;
(b) You have the authority to bind any business on behalf you use our Site;
(c) You only use the Site for lawful purposes;
(d) You do not engage in any defamatory, improper, indecent or offensive behaviour;
(e) You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Site;
(f) You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.
(g) You do not breach any of the Terms.
7. SITE AVAILABILITY
7.1 You acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
7.2 We accept no responsibility for the unavailability of this Site, or any offer of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
7.3 We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.
8. INTELLECTUAL PROPERTY
8.1 All content on the Site apart from User Content is the copyright and property of Goldswans and can be used for any purpose relating to the Site or the business of Goldswans. Without the express written permission of Goldswans, you shall not copy the Site for your own commercial purposes, including:
(a) Replicate or use the details and profiles of any Service Provider;
(b) Replicate all or part of the Site in any way; or
(c) Incorporate all or part of the Site in any other webpage, website, application or other digital or non-digital format.
8.2 Goldswans has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of The Market Mogul.
8.3 All Content and other than User Content remains the intellectual property of Goldswans including any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by any user.
9. THIRD PARTY WEBSITES & ADVERTISING
9.1 The Site may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Site and use any websites of Third Parties at your own risk.
9.2 We have not reviewed the websites of any Third Parties and no link or information shall imply an endorsement or affiliation with any Third Parties. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
10. LIMITATION OF LIABILITY & INDEMNITY
10.1 You agree that you use the Site and any Content at your own risk.
10.2 You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances.
10.3 If you are provided with a username & password to access the Site, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
10.4 Goldswans does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Site or otherwise relating to such materials or on any sites linked to this Site. You acknowledge that in using the Site and the Content you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
10.5 You agree to indemnify and hold us harmless against any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms, violation of any third-party rights or any applicable law.
10.6 In no circumstances will Goldswans be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Goldswans knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
10.7 Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.
10.8 This clause operates for the benefit of Goldswans, its agents, employees, officers, suppliers and affiliates, but otherwise a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
11.1 Goldswans acknowledges that for the purposes of the General Data Protection Regulation EU 2016/679 (hereinafter the “GDPR”), it is a Data Controller (Data Controller and personal Data have the meanings as defined in the GDPR) and will comply with all applicable requirements of the GDPR.
11.2 We shall:
(a) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures; and
(b) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.
12.1 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Site or Services.
12.2 Service Providers may terminate their use of the Site on at least 14 days notice.
12.3 Your use of the Site may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Site should you receive a notice cancelling your licence to use the Site.
13.1 You can contact our customer service team by email (firstname.lastname@example.org).
13.2 You can direct notices, enquiries, complaints and so forth to Goldswans using any other details published on the Site. We will notify you of a change of details from time-to-time by publishing new details on the Site.
13.3 We will send you notices and other correspondence to the email address that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
13.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under the law.
14.1 Goldswans may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
14.2 Goldswans may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
14.3 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
14.4 These Terms form part of an e-commerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
14.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
14.6 These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.