Terms And Conditions
Image by David Schwarzenberg from Pixabay
Image by David Schwarzenberg from Pixabay
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OR ACCESSING THE PLATFORM.
By accessing, viewing the Platform or using the Services through any means, you accept our terms and conditions and agree to be bound.
Halifax Trades Financial Technology Limited (“Halifax Trades”) is registered in the UK as a fund/portfolio manager. Halifax Trades provides an automated savings and investment platform available on its website at Halifax Trades.com and/or through its mobile applications.
This agreement will be effective on your acceptance of its terms electronically or otherwise through the platform.
1.1.2 “APIs" means programmatic web application programming interfaces and associated tools and documentation that provide access to certain data displayed on the Platform.
1.1.3 “Applicable Law” means, any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree of the UK, or any published directive, guideline, requirement or other governmental restriction that has the force of law, whether in effect as of the date hereof or as of any date thereafter in the UK.
1.1.4 “Client” means a party using and utilising our Services through our Platform.
1.1.5 “Halifax Trades” means Halifax Trades Financial Technology Limited.
1.1.6 “Partner Program” refers to contractual relationships entered into between Halifax Trades and third party service providers to enhance or build on Halifax Trades’s product offerings.
1.1.6 “Platform” means collectively, Halifax Trades’s website, mobile applications, and blog and includes any updates or replacements as may be applicable.
1.1.7 “Services” means the management of a Client’s savings and investments made through the Platform and/or other services as may be agreed between the parties but subject always to the terms of our licence.
1.1.8 “Terms of Use” means these terms of use.
1.1.9 “Users” means persons other than Clients who access the Platform through any means.
We offer an automated savings and investment service as a licensed fund/portfolio manager. As a Client, we will manage your savings and investments made through our Platform on your behalf to maximize your returns.
These Terms of Use sets out the terms and conditions under which Halifax Trades will provide the Services to its Clients and under which Users may access the Platform.
In order to operate and make available the Services and utilise the Platform, Halifax Trades collects, uses and discloses certain personal information about you. Halifax Trades collects, uses, discloses and protects that information as described in our privacy policy, and which is hereby incorporated into these Terms of Use.
Please read the privacy policy carefully before accessing the Platform or using the Services.
References to "you" or "your" are references to any person accessing or using the Platform, and/or Services by any means.
Subject to the provisions of clause 7 (Termination), these Terms of Use remain in effect until you discontinue your use of the Services/access to the Platform and all financial obligations with regard to your use of the Services have been fulfilled.
Halifax Trades reserves the right to amend, modify or change any portion of the Terms of Use without prior notice to you and without your consent. Where any portion of the Terms of Use are amended or modified, such changes shall be effective immediately.
We suggest that you review these Terms of Use periodically for such changes and/or modifications. You acknowledge that by accessing our Platform and using the Services after such change/modifications, you agree to these terms as modified.
Please note that if you are an existing Client, these Terms of Use will apply in addition to those contained in any agreement entered into between Halifax Trades and third parties in relation to provision of the Services.
You must be at least 18 years of age to access the Platform and/or use the Services.
The Platform and Services are intended solely for individuals who are 18 years of age or older. Any access to the Platform or use of the Services by anyone under 18 years is unauthorised, unlicensed, and in violation of these Terms of Use.
In order to access certain features of the Platform, you must register to create an account ("User Account"). When you register, you will be asked to choose a password which you will be required to provide in order to access your User Account.
Halifax Trades has physical, electronic, and procedural safeguards that comply with regulatory standards under Applicable Law to guard Users and Clients non-public personal information (see privacy policy). You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Halifax Trades immediately if your password is lost or stolen or if you suspect any unauthorised use of your User Account.
As a User, you agree that you shall be solely responsible for any activities or actions under your User Account and that Halifax Trades is irrevocably authorised to comply with any instructions received on the Services on your behalf for your use of the Services. Such instructions shall be irrevocably deemed to have been authorised by you.
You agree that the information you provide to us on account registration through our Platform will be true, accurate, current, and complete.
If you wish to develop enhancements to the Services, then you must do so via the API linked to the Partner Program. Access to the API for the Partner Program requires you meet our Partner Program eligibility criteria and enter into a signed partnership agreement with Halifax Trades. You may not scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) as explained in clause 8 (Halifax Trades "Dos" and "Don'ts"). If you wish to learn more about becoming a Partner, please contact nicholas@halifax-trades.com
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.
All information and documents obtained by Halifax Trades or its employees, consultants or agents which are not published or otherwise publicly available shall be kept confidential and not disclosed to third parties or the public. This restriction shall not apply to any information disclosed to legal advisers, or to a third party to the extent that this is required, by any court of competent jurisdiction, or by a governmental or regulatory authority in UK. This covenant shall survive termination of these Terms of Use.
The Client hereby appoints Halifax Trades as its fund/portfolio manager and grants a limited power-of-attorney with discretionary trading authority to manage and trade the assets in your User Account. Halifax Trades accepts this appointment under the terms and conditions set forth.
Our authority will include the ability to manage your User Account utilising your selected Halifax Trades investment model to:
You acknowledge that:
As part of the User Account opening process, you will be required to complete a questionnaire (the “Questionnaire”) that will provide us with certain information regarding your financial situation, including but not limited to information regarding your financial situation, goals, objectives and risk tolerance. Halifax Trades’s algorithmic-based technology will analyse your responses to the Questionnaire to provide a Halifax Trades strategy offering, which will include a portfolio of equities, bonds and/or Funds that are suitable based on your target risk profile, your financial objectives and other information. Please note that you are not under an obligation to select this option and are strictly advised to choose a strategy based on your preference as you are solely responsible for evaluating the merits and risks associated with any investments and the options provided.
You may update your risk profile at any time by updating the responses to the Questionnaire. At a minimum, you will be prompted to review and/or update the responses to the Questionnaire on an annual basis. Your assets are used to purchase the securities to align your account to the corresponding target asset allocation within the recommended portfolio or your selected portfolio. It is your responsibility to update your information in the Questionnaire if your situation changes.
You acknowledge that Halifax Trades does not provide:
You acknowledge that neither the information, nor any opinion, contained on the Platform constitutes a solicitation or offer by Halifax Trades or its affiliates to buy or sell any securities. Decisions based on information contained on the Platform are the sole responsibility of the Client/User. The information contained on our Platform is for informational purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on this Platform does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although the material on our Platform is based upon information that Halifax Trades considers reliable and endeavours to keep current, Halifax Trades does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on the Platform may change as subsequent conditions vary. Past performance is no guarantee of future results.
The management fee for each strategy is based on the aggregate net asset value in the Client’s User Account.
The annual management fee will be accrued daily and collected monthly or will be pro-rated (if a Client terminates his or her account before a month-end). Management fees will also be pro-rated based on additions or withdrawals to the User Account during the applicable billing period. If a Client requests a withdrawal that will result in insufficient assets to pay any fees that are due at the time of the withdrawal, fees will be collected at the time of the withdrawal.
You hereby acknowledge that you may incur certain other charges imposed by third-party financial institutions. These additional costs may include, and are not limited to bank transfer fees, transfer taxes etc. You understand that these fees are not included in the fee that you pay to Halifax Trades.
Investors who invest via Channel are subject to a 20% commission fee upon profit realization.
This fee is implemented due to the utilization of our advanced "High TP" Bot, which facilitates massive profit accumulation on investments via Channel.
You understand and acknowledge that the investment results you could obtain from investment information and financial insights provided by Halifax Trades cannot be guaranteed and that Halifax Trades cannot be held responsible. All investments entail a risk of loss and that you may lose money. Your election to engage our savings and investment services are subject to your explicit enrollment and acceptance of these Terms of Use. You agree and understand that your use of Halifax Trades is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that Halifax Trades is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on Halifax Trades as the primary basis of your investment decisions and, except as otherwise provided for herein, Halifax Trades will not be liable for decisions/actions you take or authorise third parties to take on your behalf based on information you receive as a User of Halifax Trades or information you otherwise see on our Platform.
You understand and agree that we provide the Services for other Clients. You further understand that we and our affiliates may take investment action on behalf of such other Clients, that differ from investment action taken on behalf of your account.
You recognize that there may be loss or depreciation of the value of any investment and the assets due to the fluctuation of market values, and accordingly the value of assets in your User Account will change and may decrease. You represent that we have not made any guarantee, either oral or written, that your investment objective will be achieved or that the value of any User Account assets will not decline. Nothing in these Terms of Use may be interpreted to limit or modify our fiduciary duties to you and nothing in these Terms of Use shall be deemed a waiver of any right or remedy that you may have under Applicable Law.
Your use of Halifax Trades's Platform, and the personal information you provide is at your sole discretion. Halifax Trades's Platform and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Halifax Trades.
Halifax Trades EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO Halifax Trades'S PLATFORM, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Halifax Trades DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
No advice or information, whether oral or written, obtained by you from Halifax Trades's Platform, shall create any warranty not expressly stated in these Terms of Use. If you choose to rely on such information, you do so solely at your own risk.
You hereby undertake to defend, indemnify and hold harmless the Halifax Trades, its directors, officers, employees, agents, successors or assigns from and against any and all claims, losses, damages, liabilities, costs and expenses (including but not limited to reasonable legal fees) while acting in accordance with the terms of these Terms of Use and that are not a direct result of a breach of the terms herein state, bad faith, gross negligence, and material violation of Applicable Law.
Halifax Trades shall not be liable for any loss affecting the assets held by it on behalf of the Client, where such losses are the result of unforeseen adverse market conditions, government restrictions, exchange or market rulings or suspension of trading.
Halifax Trades shall not be liable for any act or failure to act by any third party.
IN NO EVENT SHALL Halifax Trades OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF Halifax Trades, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH Halifax Trades OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Halifax Trades HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL Halifax Trades'S CUMULATIVE LIABILITY TO YOU EXCEED ₦10,000 OR ITS EQUIVALENT IN ANY CURRENCY.
You represent and warrant the following and shall promptly notify Halifax Trades if any of the following ceases to be true and accurate:
Where we discover that the representations above are untrue or inaccurate or that our Platform Services are being used contrary to Applicable or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities without recourse to you.
We may terminate or suspend your use of the Services, at any time without prior notice to you if your User Account is found to be fraudulent, in the case of bankruptcy/insolvency (as may be applicable) or, if you have breached any part of these Terms of Use.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to Halifax Trades under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Halifax Trades grants you a limited and non-exclusive licence to use our Platform so long as you comply with all our rules.
The content contained on this Platform is owned or licensed by Halifax Trades and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, in addition to specific restrictions outlined under clause 8.2, you may not copy, distribute, modify, post, frame or deep link this Platform, including any text, graphics, video, audio, software code, user interface design or logos.
You may download material displayed on the Platform for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content on the Platform for public or commercial purposes, including all text, images, audio, and video. Modification or use of the materials for any other purpose violates Halifax Trades’s intellectual property rights.
All trademarks, service marks, trade names, and logos displayed on the Platform are proprietary to Halifax Trades and/or their respective owners. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on the Platform without the written permission of Halifax Trades or such other third party that may own the trademark displayed on the Platform. Your use of the trademarks displayed on the Platform, except as provided herein, is strictly prohibited.
The use of the images displayed on the Platform by you, or anyone else authorised by you, is prohibited. Any unauthorised use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from the Platform, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign your rights or novate or delegate your obligations under these Terms of Use(by operation of law or otherwise) without the prior written consent of Halifax Trades, and any prohibited assignment will be null and void.
Halifax Trades may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Useand any additional terms to which you agree when you create and fund an investment account.
Halifax Trades is only available for use worldwide. We make no representation that Halifax Trades is appropriate or available for use outside the UK. Similarly, we make no representations that accessing Halifax Trades from locations outside the UK is legal or permissible under Applicable Law. If you access Halifax Trades from areas outside of the UK, you do so at your own risk and are yourself responsible for compliance with local laws.
These Terms of Use, together with any Client agreement (if applicable) form the complete and exclusive agreement between you and Halifax Trades with respect to your use of our Platform and Services superseding and replacing any, and all prior or contemporaneous agreements, communications, and understandings, both oral and written, regarding the subject matter.
These Terms of Use shall be governed, construed, and enforced pursuant to the laws of the Federal Republic of UK.
Any disagreement, dispute or difference howsoever arising, from these Terms of Use including its interpretation and validity or as to the rights, duties and liabilities of the parties hereto or as to any other matter in any way connected with or arising out of or in relation to the subject matter of these Terms of Use, which cannot be amicably resolved by the parties within 30 (thirty) days shall be referred to arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of UK 2004.
If any provision of these Terms of Use is found to be illegal, unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
By accepting to use the Services and access the Platform you further agree and acknowledge that these Terms of Use and the rules, restrictions, and policies contained herein, and Halifax Trades's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Halifax Trades.
You hereby authorise the delivery of notices by (a) Halifax Trades via email (in each case to the address that you provide), or (b) you, via email to nicholas@halifax-trades.com or to such other addresses as Halifax Trades may specify. The date of receipt shall be deemed the date on which such notice is transmitted.
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