Services Terms + Conditions

Trading Post Technology Solutions Inc.
Service Terms and Agreement

Definitions are set out at the end of these Terms.

YOU WILL BE LEGALLY BOUND BY THESE TERMS AFTER YOU HAVE AGREED BY CLICKING THE "CONFIRM ORDER" BUTTON. IF YOU REQUIRE A COPY OF THESE TERMS FOR YOUR RECORDS PLEASE EMAIL admin@tradingpostfinancial.com to request A COPY TO BE SENT TO YOU.

Use of the Service:

Trading Post grants me a world-wide non-exclusive and non-transferable right to access the Service, Software and the Site and to view the Information subject to these Terms. I agree to comply with the Documentation.

I agree that:

1. I will not use the Service in breach of these Terms, any applicable laws, regulations or market conventions;
2. I am a Nonprofessional Subscriber as defined at the end of these Terms, and that I will receive the Information solely for my personal, non-business use.
3. I will be responsible for obtaining and maintaining all necessary consents and licenses and for making all filings necessary to receive or use the Service;
4. I will not transmit, undertake or encourage the following in relation to the Service:
   
   
   1. give unauthorized investment advice or financial promotions; or use a false address or name, or
   2. use false details or deceive Trading Post or other Users.
   When Trading Post provides a Service which is accessed using a password, account name or other identifier (collectively, "Password"), I agree that I will:
   
   
   1. ensure each Password is kept confidential and not shared among individuals, and
   2. notify Trading Post promptly if I become aware of any Password being used by a person not authorized by me to access that Service.

Use of Software:

If Trading Post provides me with Software or access to Software, I may only use Software in accordance with the instructions, and in connection with the Services. I am granted a non-exclusive, non-transferable right to use any Software provided as part of any Service.

Limitations on Use:

I may use or access the Information only on a single machine permitting use by a single user with one input terminal. Use by more than one user accessing a single copy of the Information is not authorized. My connection activity to the Service will be monitored to ensure compliance with these usage limitations.

The Information may only be reproduced when downloaded and viewed by me for my individual use only. I must not reuse the Information in any other way including redistributing it. I must not allow any third party to use (a) my Security Features or (b) the Service in any manner inconsistent with these Terms. On termination of these Terms, my rights to use the Information and the Service cease.

I may only make one copy of the Software for archive or backup purposes. I must erase or destroy any Software upon termination of these Terms. I may not reverse engineer, decompile, or dissemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. I may not rent, lease or lend or directly or indirectly transfer the Software to any third party.

Data Protection/Privacy/Communications:

I agree that my details will be used as set out in Privacy Notice(s). If I become aware any data about me or provided by me is inaccurate I must promptly notify us by email at info@tradingpostfinancial.com.

Proprietary Rights:

All intellectual property rights in the Service, Software and the Information, including without limitation copyright and database rights, shall remain the property of Trading Post or its licensors. I will not remove, conceal, use or amend any copyright, trademark or other proprietary notice incorporated in the Service or in any Software without the owner's prior written consent. I will not acquire any intellectual property rights in the Service, Software or Information and I agree to comply with notices bringing such rights to my attention and all relevant laws relating to such rights. Any infringement of the rights of Trading Post or its licensors may result in legal action.

Third-party Rights:

I acknowledge that third party information and software providers may have rights in the Information and/or Software which they supply and may be a third party beneficiary of these Terms (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of these Terms in their own name. Trading Post can however change or terminate these Terms without the consent of such third parties. Apart from these provisions and provisions relating to Digital Signatures, a person who is not a party to the agreement formed by these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

I agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information or Software imposed by the relevant third party provider in order to protect such third party's legitimate interests. These may be notified to me by Trading Post or by such third party. If any restriction or conditions imposed after my acceptance of these Terms substantially reduces my ability to use the Service, I may terminate these Terms with effect from (a) the first day of the next Billing Cycle where my Billing Cycle is monthly or (b) where my Billing Cycle is annual, thirty (30) days after Trading Post notifies me of such restriction or conditions. I may be required to enter into a separate agreement with a third-party in order to receive a Service that contains third party content or software.

Subscription Service Program:

The "Subscription Service Program" is a program in which clients may participate and place a continuing or "standing" service(s) orders to be charged to his or her credit card or checking account.

By completing the "Subscription Service Option" payment information with this Agreement, I authorize Trading Post Financial Service Inc., hereinafter referred to as Trading Post, to automatically renew my service(s) with Trading Post on a monthly cycle. Trading Post is under no obligation to renew my service(s) if the authorized account(s) have been overdrawn or closed. Trading Post reserves the right to modify or terminate the "Subscription Program" in its sole discretion.

Fees:

I will be responsible for the payment of all online charges and for the communication facilities which enable me to access the Service and any other applicable VAT, sales taxes or similar taxes. Trading Post may adjust or change the basis of calculation of the Fees by giving me notice on or before the commencement of my next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, I may terminate my access to the Service. Termination of my access to the Service will take effect on the first day of the next Billing Cycle.

Trading Post will use reasonable endeavours to provide reasonable notice of any change to Fees which relate to fees imposed by a third party but I agree that these may change without notice if a change is imposed on Trading Post by any such third party. Trading Post shall be entitled to charge me interest at 1% per month or the maximum allowed by law (whichever shall be the lower) on any overdue Fees.

Payment:

All listed prices are in U.S. dollars. Payment must be made by a major credit card accepted by Trading Post, certified check (payable to Trading Post Financial Services) or cash. If paying with cash, payment must be done in person at Trading Post's office(s). Trading Post does not advise sending cash by mail. Certified checks should be sent by registered mail. If Trading Post does not receive payment from the credit card issuer or its agent, I agree to pay all amounts due upon our demand.

Charges will commence on the date of the initial activation of the Services and will be automatically renewed on a Monthly basis thereafter. Charges to my account are due and payable in full up to seven (7) days prior to my scheduled renewal date. If I am paying by mail or through a financial institution, I will allow adequate time for my payment to reach Trading Post prior to the required payment date.

In order to prepare my Subscription Service order to renew before my service(s) expired, I understand that my credit card may be charged up to seven (7) days prior to the scheduled renewal date. I agree to pay a $15.00 service fee in the event a charge is returned for any reason. I have the right to have the amount of any erroneous charge credited to my credit card account as soon as reasonably possible and upon proper notification to Trading Post. I shall hold Trading Post harmless for all special or consequential damages, whether direct or indirect, resulting from any wrongful debit to my account.

All fees, charges and sales are final. Charges for monthly and annual subscriptions are not refundable or not transferable once billed. Monthly and annual subscriptions will automatically renew unless I notify Trading Post seven (7) days prior to my scheduled renewal date, either by email (admin@tradingpostfinancial.com) or fax that I want to terminate my service. Termination of my access to the Service will take effect on the first day of the next Billing Cycle.

Exchange fees for receiving real-time data will only be billed monthly, and are non-refundable. Exchanges reserve the right to change these fees at any time. Trading Post also reserves the right to change the Service fees at any time.

Only in cases of demonstrated fraud will these payments be refunded in full.

I AM ,AND NOT TRADING POST, RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO MY CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY ME. TRADING POST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY TRADING POST, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT TRADING POST'S WEBSITE. TRADING POST MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO ME, I MAY TERMINATE MY SUBSCRIPTION BY CONTACTING TRADING POST. MY CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE MY ACCEPTANCE OF SUCH CHANGE.

Security Features:

I agree to keep my Security Features confidential and secure and not to assign, share, sell, barter, transfer, recklessly compromise them or exchange them. If I learn or suspect that a Security Feature has been obtained by another person or been compromised or the security of the Service has been affected, I must promptly notify Trading Post by using "Contact Us" and/or take any appropriate security measures. I agree to cooperate with Trading Post reasonable security investigations. Any attempt to access any part of the Site which requires Security Features without the required Security Features and/or payment of the Fees or any attempt to tamper with Security Features is unlawful and a material breach of this Agreement and could result in criminal and/or civil penalties. Trading Post may change Security Features on notice to me for security reasons.

Duration:

These Terms will take effect from the date on which Trading Post notifies me that I am permissioned for the Service by sending to an email containing my user id and password.

Termination:

Either I or Trading Post may terminate these Terms at any time during a Billing Cycle. This notice of cancellation will be effective from the first day of the next Billing Cycle.

Trading Post may terminate or suspend my access to the Site, or a Service or any part, immediately if I am in material breach of any of these Terms and I fail to remedy such breach (if capable of remedy) within fourteen (14) days of Trading Post requesting that I do so. Failure to make payment of the Fees when due constitutes a material breach of these Terms. Trading Post may terminate or suspend my access to a Service if you cease to meet the published eligibility criteria or if any related Service is ended. Trading Post may without notice suspend my or everyone's access to the Service, for security reasons or where it is reasonable to do so to protect its or another's legitimate interests.

Form and Content:

Trading Post retains control over the form and content of the Service. Trading Post may modify or cancel the Service or part of the Service. Trading Post shall use reasonable endeavours to give me a minimum of thirty (30) days notice of a material modification or cancellation. However, I recognize that where the modification or cancellation is imposed by a third party information provider, then Trading Post may be required to give me less notice of a change or modification. If Trading Post cancels or substantially modifies the Service or part of the Service, I may terminate my access to the Service with effect from (a) the first day of the next Billing Cycle where my Billing Cycle is monthly or (b) where my Billing Cycle is yearly, thirty (30) days after Trading Post notifies me of such change or modification.

Warranty Disclaimer:

EXPRESSLY AGREE THAT MY USE OF THE SERVICE IS AT MY SOLE RISK. NEITHER TRADING POST, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD PARTY INFORMATION PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE SERVICE.

I am reminded that the Internet is publicly accessible and liable to failure and delays and therefore Trading Post cannot guarantee the arrival of messages over the internet, nor the security of Trading Post services that use the internet. Trading Post is not responsible for any third party software being used by me in relation to this Service where Trading Post does not itself directly provide such third party software to me. Trading Post is not liable for matters beyond its reasonable control, such as problems with telecommunications networks, computer viruses, unauthorized access or issues related to my security arrangements.

THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH MY ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

Limitation of liability:

TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

Evaluation Periods:

In some circumstances Trading Post may make the Service or any part available to me on an evaluation or pilot basis. In these circumstances, Trading Post specifically alerts me to the fact that outages may occur, content changes may occur and/or navigation may be discontinued. Trading Post does not guarantee that a final Service based on the evaluation Service will be released or that it will be the same or similar to the evaluation or pilot Service.

Downloads:

I AM RESPONSIBLE FOR ENSURING THAT MY COMPUTER ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE SITE. TRADING POST DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY WITH ANY HARDWARE OR SOFTWARE USED BY ME. I AGREE THAT TRADING POST WILL NOT BE RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS OF DATA) OR DAMAGE WHICH IS DUE TO ME ADDING TO OR ACCESSING ANY SOFTWARE DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR EQUIPMENT.

I WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING THE SERVICE I AM DOING SO ONLY FOR MY PERSONAL, NON-COMMERCIAL USE AND WILL NOT COPY, MODIFY, ADAPT, PUBLISH, RETRANSMIT, REDISTRIBUTE, LEND, SELL, SUBLICENSE, OR OTHERWISE USE OR TRANSFER THE INFORMATION EXCEPT AS OTHERWISE PERMITTED IN THESE TERMS, (B) I WILL NOT USE ANY INFORMATION CONTAINED IN THE SERVICE IN CONNECTION WITH ANY BUSINESS OR COMMERCIAL ENTERPRISE, INCLUDING WITHOUT LIMITATION, ANY SECURITIES, INVESTMENT, ACCOUNTING, BANKING, LEGAL OR MEDIA BUSINESS OR ENTERPRISE AND (C) THE DETAILS/INFORMATION PROVIDED BY ME TO TRADING POST OR ITS AGENTS ARE AND WILL CONTINUE TO BE ACCURATE AND YOU HAVE THE RIGHTS TO PROVIDE SUCH INFORMATION.

I INDEMNIFY TRADING POST FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT SUFFERS AS A RESULT OF MY BREACH OF THESE TERMS OR AS A RESULT OF MY TRADING OR MY OTHER ACTIVITY VIA THE SERVICE.

Hyperlinks:

I may, through hypertext or other computer "links," gain access to other sites which are not part of this Site. Trading Post assumes no responsibility or liability for any material outside of the Site which may be accessed through any such "link." The provision by Trading Post of a link to another site does not constitute an authorization by Trading Post to access materials at that site or an endorsement by Trading Post of any such material.

Governing law and jurisdiction:

THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA. BOTH PARTIES CONSENT TO THE NON-EXCLUSIVE JURISDICTION OF ANY PROVINCIAL OR FEDERAL COURT SITTING IN THE PROVINCE OF BRITISH COLUMBIA, AND OF ANY COURT TO WHICH AN APPEAL THEREFROM MAY BE TAKEN.

Export:

I agree to fully comply with all applicable laws and export regulations. Permanent or temporary residents of the Office of Foreign Assets Control (OFAC) countries are not entitled to register for or access the Service. Trading Post may terminate these Terms with immediate effect if I breach these provisions.

General:

1. To the extent permitted by laws applicable to these Terms, these Terms, the Documentation and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between me and Trading Post relating to the Service and supersede all other prior agreements or understandings relating to the Service.
2. Delay or failure by either party in enforcing these Terms at any time will not constitute a waiver by that party of its rights or remedies.
3. Trading Post may modify any of these Terms at any time by notifying me of any changes by email. Any such changes will be effective from 24 hours after emailing by Trading Post. I may terminate these Terms by notice to Trading Post if the modification results in a substantial change to my ability to use the Service with effect from (i) the first day of the next Billing Cycle where my Billing Cycle is monthly or (ii) where my Billing Cycle is yearly, thirty (30) days after Trading Post notifies me of such modification.
4. If any part of these Terms is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected.
5. Any email which Trading Post sends me in respect of the Service shall be deemed effective within 24 hours.

Information and Support:

Trading Post provides certain information and support in respect of the Service as detailed in this section. I may notify Trading Post of my support questions or other comments and Trading Post shall respond as soon as is reasonably practicable.

Definitions:

• Billing Cycle means each monthly or annual period commencing on the date Trading Post accepts my registration details and sends me an email containing my user id and password.
• Documentation means any specific rules, code of conduct, Rule Books, Certificate Policies or Certificate Practice Statements or similar documentation Trading Post issues in relation to the Service.
• Fees means the fees charged by Trading Post from time to time for the supply of the Service.
• Information means all and any information and other content, whether static or changing, which is provided by Trading Post as part of the Service.
• Trading Post means Trading Post Financial Services Inc, whose principal place of business is at Suite 310 - 885 Dunsmuir Street, Vancouver, BC V6C 1N5 Canada.