Terms and Conditions of Use

Investwits.com © Web Site

Terms And Conditions

The following describes the terms and conditions (the "Terms and Conditions") upon which Investwits(the "Company" or "Investwits" or "We") offers access to the Internet site found at www.investwits.com alongside its related country specific sites (the "Site") to you the customer, irrespective of whether or not you are an Account (as defined below) holder ("You") and the use of its services provided via the Site (the "Services"). PLEASE READ THE PRIVACY POLICY, COOKIE POLICY, RISK WARNING AND ALL OF THE FOLLOWING TERMS AND CONDITIONS INCLUDING THE SPECIAL CONDITIONS BEFORE USING THIS SITE. BY CONTINUING TO ACCESS OR USE THIS SITE OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. We reserve the right to amend, remove, or add to these Terms and Conditions at any time. Please check the "Last modified" heading at the bottom of this document to see when the Terms and Conditions were last updated. Any changes to the Terms and Conditions will become effective when we post the revised Terms and Conditions on the Site. Your use of the Site or Services, or your provision of personal information following any changes means that you accept the updated Terms and Conditions. If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect. You understand and agree that Investwits may discontinue or change the Site at any time, without notice. You also understand and agree that Investwits may discontinue or restrict your use of this Site for any reason without notice. Your Account As part of the process necessary to set up an account on the Site (an "Account") and obtain access to certain parts of the Services, you will be required to either provide your full name, email address, password, and phone number (the "Registration Credentials") or register via one of the Third Party Accounts (as defined below). You must ensure that your Registration Credentials are accurate, truthful and updated. We reserve the right to block the creation of your Account based on our inability to confirm the authenticity of your Registration Credentials. As an alternative to registering directly with the Site by providing your Registration Credentials, we give you the option to register and login to your Account via one of your account(s) with social media sites such as Facebook, Twitter or Google+ (the "Third Party Account(s)"). Please see our Privacy Policy for more information about logging in to your Account via a Third Party Account. Unless you log into your Account via a Third Party Account, please note that your email address and password which you provide as part of the Registration Credentials will be used to login in to your Account. You will be solely responsible for maintaining the confidentiality of your email address and password and must immediately notify us of any unauthorized use of your Account. You are solely responsible for all activity and usage on your Account, including, but not limited to, use of the Account by any third party authorized by you to use your email address and password. We permit you to maintain only one Account to access the Services at any time and you hereby represent that you currently have no other Account(s). We reserve the right to terminate your Account, in our sole discretion, at any time without notice. You may terminate your Account at any time by unsubscribing in the manner described at www.investwits.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your Account will be terminated immediately.

DISCLAIMER

Due to the number of sources from which the content presented on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. INVESTWITS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND INVESTWITS HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. IN NO EVENT SHALL INVESTWITS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE. IN NO EVENT SHALL INVESTWITS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SITE OR THE SITE ITSELF. Legal Restrictions Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the Site. The ability to access to our Site does not necessarily mean that our Services, and/or your activities via the Site, are legal under the laws, regulations or directives applicable to your country of residence. This Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Site, and the offering of financial contracts via this Site, may be restricted in certain jurisdictions, and, accordingly, users accessing this Site are required to inform themselves of, and to observe, such restrictions.

Limited License

Investwits grants you a non-exclusive, non-transferable and limited personal license to access and use the Site (the "License"). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to "deep-link" to the Site, resell or permit access to the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of Investwits. You shall be responsible and bound by any unauthorized use of the Site, made in breach of this section. You agree not to use any electronic communication feature of Services on the Site for any purpose that is unlawful, tortious, abusive, and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if Investwits believes that any information provided by you, including (but not limited to) your Registration Credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that Investwits, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.

Links to Third Party Sites

This Site contains hyperlinks to web sites operated by persons other than Investwits. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Investwits responsible for the content or operation of such web sites. A hyperlink from this Site to another website does not imply that Investwits endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Site. If you wish to make purchases from an area of the Site, you may be asked to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Investwits liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes relating to any purchases you make. THE LIABILITY OF INVESTWITS, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED TO INVESTWITS IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY. Market Information Investwits may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions, research reports, graphs and data ("Market Information"). Market Information provided on the Site is not intended as investment advice. Investwits does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. Investwits and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Investwits nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Investwits nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Investwits to receive Market Information. Use & Access to the Site You shall be responsible for providing and maintaining the means by which you access the Site, which may include, but is not limited to, your personal computer or mobile device, connectivity hardware, and telecommunication lines. You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your personal computer, mobile device or on any other computer or device through which you will gain access to the Site and the Services (hereinafter referred to as "Computer"). You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Computer and any information and data included therein. You agree that Investwits will not be liable in any way to you in the event of failure of or damage or destruction to your Computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or Computer equipment or software. You will not in any way, whether directly or indirectly, expose Investwits or any of Investwits's online service providers to any computer virus or other similarly harmful or inappropriate material or device.

Company's Rights

Investwits reserves the right to suspend the operation of this Site or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto. Force Majeure You agree that Investwits will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.

Technical Problems

You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Site. Investwits shall not be liable, and you agree not to hold or seek to hold Investwits or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Investwits does not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Investwits will have adequate capacity for the Site as a whole or in any geographic location. Investwits does not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. Investwits does not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose. Without limiting the foregoing Investwits will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.

Trademarks and Copyrights

All rights, titles and interests in and to the contents of the Site, and the "Investwits.com" and "Investwits" trademarks, services marks, trade names, and logos are owned by Investwits, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site, other than as expressly set out in these Terms and Conditions. Images displayed on the Site are either the property of Investwits or its licensors. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Investwits. Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Investwits or any third party that may own the trademarks. Your use of trademarks, or any other content of the Site, except as provided herein, is strictly prohibited. Breach You agree to fully indemnify, defend and hold harmless Investwits, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party. Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, Investwits or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.

Governing Law and Court Jurisdiction

These Terms and Conditions shall be governed by Danish law without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Investwits anywhere else in the world. If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located within Denmark to settle any dispute, which may arise in relation thereto.

Disclosures

The Services hereunder are offered by Investwits, registered at: Vesterbrogade 4 8000 Århus C Denmark It is important that you be fully aware of the following point: Using a high level of leverage to conduct foreign exchange transactions involves the risk that borrowing costs will be higher than the income which is derived from the assets. The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.

Data

ALL INFORMATION AND DATA MADE AVAILABLE IS PROVIDED ON AN "AS-IS" BASIS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR ACTUAL TRADING PURPOSES OR MARKET ADVICE. Investwits and its employees, officers, directors, affiliates, agents or licensors will not be liable to you or any third party for any financial loss, lost profits, any special, incidental or consequential damage or any other similar damage or any other loss or injury, incurred as a result of delays, informational errors, inaccuracy or incompleteness of the information and data provided by Data or any actions taken in reliance thereon, or for the advertising or content and services. Nothing in these Terms and Condition will create any obligation on Investwits to pursue or consummate any business or other relationship with you.

 

Privacy Policy

General

Investwits and the Investwits.com mobile application ("the App"; collectively and separately known as "the Service"). Investwits is committed to protecting your privacy and we understand you want to keep your information private, safe and discrete. This Privacy Policy is designed to help you decide whether to use the Service and in what manner, and it describes how we collect, store and use information on individuals who use the Service. Consent to use Information This Policy is a legally binding agreement between you ("you" or "user") and us. By visiting, accessing or using the Website or App, or providing information to us in any other format, you agree to and accept the terms of this Privacy Policy, as amended from time to time, and you consent to the collection and use of information in the manner set out in this Policy. We encourage you to review this Policy carefully and to periodically refer to it so that you understand it and its subsequent changes if any. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE STOP USING THE SERVICE IMMEDIATELY AND WHERE RELEVANT UNINSTALL. The definitions in the Terms and Conditions apply to this Privacy Policy unless stated otherwise.

IN ADDITION TO THIS POLICY, PLEASE REVIEW OUR TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN BY REFERENCE, TOGETHER WITH SUCH OTHER POLICIES OF WHICH YOU MAY BE NOTIFIED OF BY US FROM TIME TO TIME.

What Information Do We Collect? We collect two types of data and information from you: (1) Non-Personal Information – We retain some non-personally identifiable information ("Non-Personal Information"), such as your approximate geo-location, your web request, browser type, browser language, web pages you visit before or after visiting our Website or using the App, URLs, platform type, click numbers, landing pages, viewed pages and the order of those pages and time spent on pages. This information is collected and retained for security reasons and so that we can audit and statistically track usage, audit our affiliates, and calculate payments to third parties. "Cookies" - Non-Personal Information is collected, inter alia, through the use of cookies, so when accessing or using the Website, we may use one or more cookies. Cookies are small text files, placed on a user's device, which enable a website to remember user preferences. Detailed information about cookies and how we use them on the Website and other websites implementing our web tools may be found in our Cookie Policy, which also describes how you can turn off cookies or control them. Web Beacons - We also use a software technology called "clear gifs" (also known as Web Beacons). Web Beacons are small pieces of code placed on a website to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a "cookie" to the browser of a visitor viewing that page. (2) Personal Information - "Personal Information" is information that may be of a private or sensitive nature, including your name, gender, phone number, e-mail address or mailing address, and IP address. We collect the following Personal Information from you when you create an account ("Account") on the Website which is required to access certain parts of the Service: your full name, email address, password, and phone number. As an alternative, you are also able to create an Account using your credentials with a designated third party website or service such as Facebook, Google+ or Twitter ("Third Party Account"). Doing so will enable you to login to your Account via your Third Party Account. If you choose this option, a Third Party Account pop-up box will appear at the time of creating your Account which you will need to approve in order to proceed with the Account opening, and which will describe the types of information that we will obtain from and the types of activities that we may perform in connection with your Third Party Account. Such information may include (but not be limited to) your Personal Information stored on this Third Party Account, such as your user name, email address, profile picture, gender, date of birth and any other information which you have chosen to make profile on such Third Party Account. Please note that once your Account has been opened, the Personal Information we have access to via a Third Party Account is also dependent on your individual privacy settings in such Third Party Account and any privacy policies which are maintained by the providers of such Third Party Accounts. We treat any Non-Personal Information which is specifically connected or linked to any Personal Information as Personal Information.

What is the Purpose of Collecting this Information? In order to access our services, users may be asked to fill in a form, providing some personal information to the Company. Answers to questions on Personal Information are not mandatory unless the fields are marked with an asterisk. Provision of the information requested in the optional fields of the registration form is not mandatory in order to receive the services and information that we provide through the Site (unless otherwise indicated in the registration form). However, failure to complete mandatory fields or providing incorrect Personal Information may prevent us from fully providing the requested information or services. What is the Purpose of Collecting this Information? We collect the information outlined above in order to provide you with a better service. Non-Personal Information is collected for research and statistical purposes, to enable us to develop, customize and improve the Service, based on your preferences, usage and interactions with the Service, to process your requests for information, and to provide you with the most relevant services and offers. We use cookies in conjunction with third parties to collect user information. Your Personal Information is collected to enable us to provide you with features, capabilities, offers and marketing materials we or our marketing partners think you may be interested in. In addition to the above, your Personal Information allows us to provide you with technical assistance and support. Who Else Receives this Information? We may share or transfer information, including Personal Information, internally within our group of companies. We also share Personal and Non-Personal Information with third parties, when this is required in order to provide, maintain or improve our services and operation. This is the case with third party advertisements and affiliates; we share your information with third parties for the purpose of providing you with advertisements and offers we or third parties think you may be interested in. We share your Personal and Non-Personal Information with (i) third parties which provide services to the Company in order to allow or enable us to provide you with our Service, including email services providers and data verifiers; (ii) third parties who provide the Company services in relation to the operation of the Website; (iii) any auditors, contractors or other advisers auditing any of the Company’s business processes; and (iv) any potential purchasers or investors in the Company. Any processing performed by any of our third party service providers ("Recipients") will, where required by law, be governed by a data processing agreement in the form required by law, preserving any and all of your statutory data protection rights and obligating the Recipients to respect the Personal Information and handle it in accordance with the relevant laws. The Recipients are required to maintain the confidentiality of such information and to use your Personal Information only in the course of providing the aforementioned services and only for the purposes that Investwits dictates. We may also share your Personal Information and other information in special cases if we have a good reason to believe that it is necessary to: (i) comply with law, regulation, subpoena or court order; (ii) detect, prevent or otherwise address fraud, security, violation of our policies or technical issues; (iii) enforce the provisions of this Privacy Policy or any other agreements between you and Investwits, including investigation of potential violations thereof; or (iv) protect against harm to the rights, property or safety of the Company, its partners, its affiliates, users or the public. Direct Marketing We may share your full name, email address and phone number with certain broker(s) (the "Broker") in the event that you have granted permission to receive promotional materials from such Broker at the time of registration. The Broker may periodically use your full name, email address and phone number for the purpose of providing you with promotional materials if your permission was granted at the time of registration and you have not unsubscribed at a later time in accordance with the provisions hereof. At any time, you may request to discontinue receiving these offers or Investwits.com's marketing emails by clicking on the unsubscribe link in the email's footer or by following the on-page instructions at www.investwits.com . If you unsubscribe we will remove your full name, email address and phone number from our marketing distribution lists and from any future lists we may share with the Broker. However, you may need to also separately unsubscribe from marketing offers sent by the Broker. Please note that in order to send you promotional materials, the Broker may assign you with a username and password which will allow you access to the Broker's site through an account. You may contact the Broker at any time to remove the account. Use of Information The collection and processing of Personal Information is aimed at providing you with the Service, to send you marketing offers on products or services we think may be relevant to you, and to fulfill other purposes as provided in this privacy policy. The Company will store this data as long as we believe it to be necessary and appropriate in order to provide and manage our services. Right of Access, Rectification, Cancellation and Objection You have the right to access, correct, update or object to the use of your Personal Information by making a written request to Investwits by using our Contact Us page. Your requests will be dealt with in a prompt and professional manner. Security and Confidentiality The Company treats your Personal Information in strict confidentiality, and the server in which this data is to be stored includes the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. However, we cannot completely guarantee the security of your information, which might be accessed, disclosed, modified, or destroyed, and it should be emphasized that you share this information at your own risk. Links to Other Websites This Privacy Policy applies only to the Service, and to our web tools which are integrated or implemented in other third party websites. The Policy does not apply to third party websites, linked to our Website. Third party websites or services may have their own privacy policies and we advise you to read them carefully. Inclusion of a link to a third party website or service is not a recommendation of such a website or service. Third party sites may contain information or services that are illegal or that some people may find inappropriate or offensive. Before using third party sites and services or before making a purchase, we recommend that you read and understand the privacy policies and terms and conditions of such third party websites and services, and the warranties for purchased products. You are knowingly and voluntarily assuming all risks of using third party sites to purchase products and services. You acknowledge and agree that we shall have no liability whatsoever with respect to such third party sites and your use of them. Assignment We may transfer or assign your information, without any notice, and without a need to receive your consent, to any third party as a result of change of control, consolidation, merger, acquisition or reorganization. You acknowledge that in the event of bankruptcy, insolvency or receivership, we may have no control over the use and transfer of your Personal Information.

 

Privacy and Partnerships

Investwits offer its service to selected partnerships. If you sign up to investwits through one of these partnerships, the Partner and Investwits are entitled to exchange essential information such as wheteher you are a member/ client of the partner in order to operate the partnership. All subject to Partners T&Cs and privacy rules.

 

Updates to this policy

This Privacy Policy is subject to modifications. Please check the "Last Modified" heading at the bottom of this document to see when this Privacy Policy was last updated. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website. Your use of the Website or the Service, or your provision of personal information following any changes means that you accept the updated Privacy Policy.

 

Last Modified: 30 Oct. 2016