Terms of Use

I. General

1) Introduction. The TeleTrader financial portal services (“Services”) include the web financial portal hosted at www.teletrader.com, the mobile version of the TeleTrader financial portal (m.teletrader.com), the TeleTrader iPhone and iPad app, the TeleTrader Android App and all other services provided on any website, mobile application, or other medium operated by TeleTrader Software GmbH (“TeleTrader”). Users of the Services (“you” or the “User”) and the proprietary information, data and other materials available through the Services (“Content”), may access and use the Services and the Content only in compliance with the Terms of Use stipulated in this instrument. As further discussed below, TeleTrader grants you authorization to use the Services and Content only for your internal, non-commercial use and does not authorize you to modify any Content in any way or to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast or circulate any Content you obtain or access through the Services. In addition to TeleTrader’s other remedies, including recovery of liquidated damages as described below, your authorization to access and use the Services and the Content will automatically terminate in the event that you breach any of these Terms of Use. Users should review these Terms of Use carefully before accessing TeleTrader or using any of the Services or Content. YOU ARE NOT AUTHORIZED TO USE TELETRADER’S SERVICES OR ANY CONTENT UNLESS AND UNTIL YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

The TeleTrader Data Protection Policy can be found at: https://www.teletrader.com/teletrader-products/dataprotectionpolicy

2) Agreement to be Bound. By accessing the Services or the Content, you acknowledge and agree that: (i) you have read and understood these Terms of Use, you agree to be legally bound by them and you will comply with them; (ii) you will not use the Services or Content for any commercial purpose or for financial gain on behalf of any entity you operate or with which you are affiliated in any way without TeleTraders permission; (iii) you grant TeleTrader authorization to use any technology or means currently in existence or hereafter developed to track your whereabouts and identity, including, without limitation, in order to ensure your compliance with these Terms of Use and remedy any breaches of these Terms of Use; and (iv) if TeleTrader revises, updates or amends these Terms of Use, as is anticipated to occur from time to time, your continued use of the Services or Content after such revisions, updates or amendments will constitute and acknowledge your agreement to those revisions, updates and amendments.

II. Intellectual Property

1) Origins of Services and Content. As of the date these Terms of Use are being first published: the Services are operated by and proprietary to TeleTrader; the price data available through the Services is provided by TeleTrader and the Interactive Data Corporation; fund data is provided by Mountain-View Data GmbH; the Dow Jones indices are collated, calculated and marketed by Dow Jones & Company, Inc.; the contents of the Dow Jones indices are subject to copyright; FTSE is a trademark of London Stock Exchange plc and The Financial Times Limited and is used under license by FTSE International Limited (“FTSE”); all copyrights for the FTSE indices belong to FTSE or its licensors; Eurotop is a trademark of Euronext NV or its subsidiaries and is used under license by FTSE. All data is licensed by TeleTrader pursuant to licensing agreements between TeleTrader and its licensors. The price information is time delayed to varying extents, but as a general rule by 15 minutes or more, according to the regulations of the applicable stock exchange and/or licensor.

2) Intellectual Property Ownership. TeleTrader or the respective licensor owns the copyright, all exploitation rights and all other intellectual property rights for all Services and Content, including websites and applications available through the Services, and further including intellectual property relating to the layout, source code and other content and components of the Services. You may not modify or remove any references to copyright or trademark designations visible on the Content or through the Services.

3) Limitations on Use. Accessing, saving, copying or printing any Content, in full or in part, is permissible only for private, non-commercial personal use. You may access the Services only with the tools provided by TeleTrader through its website, mobile apps or other mediums it might offer in the future. Any access to or extraction of raw data is expressly forbidden. You acknowledge and agree that: (i) any data available through the Services; (ii) the design, graphical elements and appearance of TeleTrader and the Services; (iii) the Content; and (iv) any intellectual property, trade secret or otherwise protectable information contained in any of the foregoing may not be copied, modified, reproduced, republished, posted, transmitted, retransmitted, sold, offered for sale, distributed or redistributed in any manner without TeleTrader’s prior written permission. You acknowledge and agree that all Content and other intellectual property available through the Services is the sole property of TeleTrader or its licensors and data providers. You agree to abide by all copyright notices, information and restrictions with respect to all such intellectual property and acknowledge that you do not possess a licensing agreement of any kind from TeleTrader. TeleTrader’s names and logos, and other elements displayed on its websites, Content and Services, together with the goodwill associated with them, constitute trademarks, trade names, service marks or logos (the “Marks”) owned exclusively by TeleTrader. You agree not to use any Marks in any manner whatsoever without TeleTrader’s prior written consent. These Terms of Use are subject to all requirements of TeleTrader’s third party data providers under TeleTrader’s agreements with such providers.

4) Liquidated Damages. By accessing or using the Content or Services, you acknowledge and agree that unauthorized commercial use of the Content or Services, including any data obtained through the Services, will cause TeleTrader to incur substantial economic damages and losses of types and in amounts which are impossible to ascertain with certainty and that the liquidated damages set forth by this paragraph represent a fair, reasonable, and appropriate estimate of the damages TeleTrader will suffer due to unauthorized commercial use of the Services or the Content, including the proprietary data TeleTrader makes available through the Services subject to these Terms of Use. Accordingly, by accessing or using the Content or the Services you agree that, in the event that you use the Services or the Content, including any data obtained through the Services, for commercial gain without being permissioned by TeleTrader then, without TeleTrader being required to present any evidence of the amount or character or actual damages it has sustained, you and any entity on behalf of which you were acting will be jointly and severally liable to TeleTrader in the amount of Five Hundred U.S. Dollars ($500.00) for each calendar month during which any instance of such unauthorized use occurred and, without limiting the foregoing, each transmission, retransmission, transaction or per diem connectivity associated with any such commercial use shall constitute a separate and distinct instance of unauthorized use. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and payment of such liquidated damages shall not limit TeleTrader’s right to seek injunctive relief or other rights and remedies.

III. Limitations of Liability

1) No Advice. You acknowledge and agree that TeleTrader will not provide you or other Users with, and you will not accept from TeleTrader, investment, financial, tax or legal advice. None of the Services or Content shall be deemed to provide any recommendations to make any investment decision or advice regarding the risk or suitability of any investment. You should consult with your own professional advisor for any form of investment advice.

2) Third Party Content. TeleTrader does not endorse or guarantee the accuracy or completeness of any Content, including any data, supplied by third parties. Users and others who rely on such Content do so at their own risk. You agree that TeleTrader and its data providers and licensors are not liable for any errors, defects or shortcomings in the correctness, completeness or accuracy of any information provided through the Services or in the Content, including stock-exchange and economic information, indices, share prices, other prices, messages, general market data, other data and other Content displayed or accessible through the Services. YOU ACKNOWLEDGE AND AGREE THAT TELETRADER SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTIES, INCLUDING SOURCES OF DATA OR OTHER CONTENT AVAILABLE THROUGH TELETRADER OR ITS SERVICES.

3) Disclaimers . The Services and Content are provided on an “as is” basis. TELETRADER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, RELIABILITY, TRANSMISSION OR RESPONSE TIME, DATA ACCURACY, AVAILABILITY, COMPLETENESS, TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITH RESPECT TO ITS CONTENT, WEBSITES AND SERVICES. YOUR USE OF THE CONTENT AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. NEITHER TELETRADER NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR SPONSORS (EACH A “RELATED PARTY”) ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF, OR INABILITY TO USE, THE CONTENT OR THE SERVICES. THE FOREGOING IS APPLICABLE WHETHER OR NOT THE LOSS OR INJURY IS CAUSED BY EVENTS BEYOND THE CONTROL OF TELETRADER OR ANY RELATED PARTY. TO THE EXTENT THAT TELETRADER MAY NOT, AS A MATTER OF APPLICABLE LAW IN ANY PARTICULAR JURISDICTION, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES AS PROVIDED FOR IN THESE TERMS OF USE, USER HERBY WAIVES ANY CLAIMS BASED ON THE SAME, AND THE SCOPE AND DURATION OF ANY SUCH WARRANTY AND THE EXTENT OF TELETRADER’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW IN SUCH JURISDICTION.

4) Release. To the maximum extent permitted under applicable laws, you hereby release TeleTrader and its Related Parties from any liability related to: (a) any incorrect or inaccurate Content; (b) the conduct, whether online or offline, of any User; and (c) any error or omission, interruption or deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access, or alteration, of, to or in connection with the Content and the Services. You hereby waive any code or statute which states or implies that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

5) Indemnity.You agree to indemnify, defend, and hold TeleTrader and its Related Parties harmless from and against any and all claims, demands, actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys’ fees, expert witness fees and disbursements) which arise or relate, directly or indirectly, out of, from or to (i) your breach of these Terms of Use, (ii) your violation of any applicable law or regulation, or (iii) any access or use of the Content or the Services by you or anyone using your TeleTrader account. This section shall survive the termination of these Terms of Use for any reason.

6) No Class Actions. ANY CLAIMS BROUGHT BY EITHER YOU OR TELETRADER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING.

IV. Data Protection

1) Personal Data. Any personal data that is transferred to TeleTrader during the establishment of any TeleTrader account or use of the TeleTrader Services shall be collected, stored, and electronically processed by TeleTrader with commercially reasonable care and discretion. The User hereby agrees and consents that personal data the User transmits to TeleTrader and that has been collected about the User is processed and used as described in the TeleTrader Data Protection Policies (https://www.teletrader.com/teletrader-products/dataprotectionpolicy).  The User may revoke this consent by providing written notice of the same to TeleTrader.

2) Security Breaches. While TeleTrader will endeavor to use commercially reasonable efforts to ensure the security of your personal information and content, TeleTrader cannot guarantee that security breaches will not occur and cannot warrant the security of your information and content. Users are responsible for (i) maintaining the security and confidentiality of their login names, passwords, and other account information; (ii) all activities that occur through their TeleTrader accounts; and (iii) any and all losses incurred by TeleTrader or any other person or entity due to such activities. In the event that you become aware of any unauthorized use of your account, or any other security breach, you agree to immediately notify TeleTrader of the same in writing. To minimize the risk of a security breach, you agree to log out of TeleTrader at the end of each session and to ensure that your login information is not saved on any public or shared computers or devices and to otherwise exercise good care to protect your account’s security. You agree that TeleTrader is not responsible or liable for any improper or unauthorized use of any of your personal information or passwords resulting from your failure to comply with the provisions of these Terms of Use and you hereby waive any claim in connection with the same.

V. Analytics and Cookies

TeleTrader Services use internal software as well as third-party software, including Google Analytics, to analyze the use of content and services. TeleTrader also use cookies, which are text files that are stored on the end devices of each user of the services. Cookies make it possible to recognize each user when they return to use the services or applications again. More information about Analytic and Cookies can be found in the TeleTrader Data Protection Policies (https://www.teletrader.com/teletrader-products/dataprotectionpolicy). By using the TeleTrader Services, the User consents to all of the collection, use and processing of personal data, as well as to the analysis and evaluation of the usage of the Services, and to TeleTrader’s use of Cookies, Google Analytics and similar technologies as described in the TeleTrader Data Protection Policies.

You also agree that you will not embed or present the websites or Content associated with the Services in a pane (e.g., a frame or Iframe) using a hyperlink. External links to entire pages in each case (including the navigation frame) are permitted.

VI. Other Terms of Use

1) Waiver. No waiver by TeleTrader of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

2) Headings, Interchangeability and Interpretation. The headings of sections and subsections contained in these Terms of Use are merely for convenience of reference and shall not affect the interpretation of any of the provisions of these Terms of Use. Whenever the context so requires, the singular shall include the plural and vice versa. All words and phrases shall be construed as masculine, feminine or neuter gender, according to the context. Whenever the term “include,” “including,” or “included” is used in these Terms of Use, it shall mean “including without limiting the generality of the foregoing”.

3) Assignment. TeleTrader may freely assign these Terms of Use, without notice or consent, to any Related Party or to any other person or entity who acquires substantially all of the assets of TeleTrader.

4) Choice of Law and Venue. All legal relations of the parties shall be subject to Austrian law, under the exclusion of the UN Convention of Contracts for the international sale of goods and the rules of conflicts of laws of international private law. Vienna, Austria, is hereby agreed upon as the place of performance and you agree that Vienna courts will have exclusive jurisdiction over any disputes relating to these Terms of Use, insofar as there is no compulsory court of jurisdiction.

5) Severability. Whenever possible, each provision of these Terms of Use shall be construed and interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Use or the application thereof to any party or circumstance shall be prohibited by or invalid under applicable law, then such provision shall be ineffective only to the extent of such prohibition without invalidating the remainder of such provision or any other provision of these Terms of Use or the application of such provision to other parties or circumstances.

6) Entire Agreement. All discussions, correspondence, understandings, and agreements heretofore had or made between the parties are superseded by and merged into these Terms of Use, which alone fully and completely express the agreement between the parties concerning the subject matter hereof, and the same is entered into with no party relying upon any statement or representation made by or on behalf of any party not embodied in these Terms of Use.

7) User Representation. You represent and warrant to TeleTrader that you have read these Terms of Use in their entirety, that you understand the Terms of Use and that they are legally enforceable, that you have accepted these Terms of Use freely and voluntarily, that you intend to and shall be legally bound by these Terms of Use, and that you have full power, right, authority, and competence to accept these Terms of Use.

Last update: 24.05.2018