TERMS AND CONDITIONS
GTP Capital, and each of its affiliates (collectively, “GTP Capital”) is pleased to provide you with information, content, tools, products and services on the GTP Capital Sites (the term ” GTP Capital Sites” refers to all GTP Capital websites, as well as to their content including products and services). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of GTP Capital Sites is subject to these Terms and Conditions. These Terms and Conditions are a binding agreement between you and GTP Capital. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of GTP Capital Sites is governed by the version of the Terms and Conditions in effect on the date each GTP Capital Site is accessed by you. GTP Capital may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting an GTP Capital Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by GTP Capital publishing revised Terms and Conditions on this website; GTP Capital will not separately notify you of any changes or modifications. These Terms and Conditions are in addition to any other agreements between you and GTP Capital, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the GTP Capital Sites.
USE OF GTP CAPITAL SITESThe GTP Capital Sites are intended only for your personal, non-commercial use, unless you and GTP Capital have agreed otherwise in writing.
DISTRIBUTION AND RESPONSIBILITY OF VISITORSThe information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in GTP Capital Sites is available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the GTP Capital Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICEThe GTP Capital Sites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
INTELLECTUAL PROPERTYThe GTP Capital Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without GTP Capital ‘s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any GTP Capital Site. If you link from another website to an GTP Capital Site, your website, as well as the link itself, may not, without GTP Capital’s prior written permission, suggest that GTP Capital endorses, sponsors or is affiliated with any non- GTP Capital website, entity, service or product, and may not make use of any GTP Capital trademarks or service marks other than those contained within the text of the link. The GTP Capital Sites, excluding third party content, are original works of authorship published by GTP Capital. GTP Capital has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by GTP Capital or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
VOID WHERE PROHIBITEDAlthough the GTP Capital Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. GTP Capital reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.
PAYMENTS AND REFUND POLICYGTP Capital Sites uses Merchant Solutions (“Merchant Solutions”) for online payment, order processing, order delivery, and other merchant solutions. Billing occurs at the time of or shortly after your transaction. If a credit card is being used for a transaction, GTP Capital may obtain preapproval for an amount up to the amount of the order. You agree that you will pay for all products you purchase through the Merchant Solutions, and that GTP Capital may charge your credit card for any products purchased. All sales of products are final. Fees paid for products and services are non-refundable. Prices for products offered via the Merchant Solutions may change at any time, and the Merchant Solutions does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by GTP Capital. GTP Capital works with a number of Payment solution providers. Our PSP’s all licensed and respectable payment solution providers keeping the utmost security of the payment. The descriptor you will see for these payments on your Credit Card are:
CONTENT AVAILIBILITYGTP Capital reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.
THIRD PARTY CONTENT AND RESEARCHThe GTP Capital Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects. Some of this content may be supplied by companies that are not affiliated with any GTP Capital Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on GTP Capital Sites. Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws. GTP Capital does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice. While GTP Capital makes every attempt to provide accurate and timely information to serve the needs of users, neither GTP Capital nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and GTP Capital and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCURACY OF INFORMATIONWhile GTP Capital has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. GTP Capital has taken reasonable measures to ensure the accuracy of the information on the Web site. However, GTP Capital does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site. All content on the GTP Capital Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
PROHIBITED USESBecause all servers have limited capacity and are used by many people, do not use GTP Capital Sites in any manner that could damage or overburden any GTP Capital server, or any network connected to any GTP Capital server. Do not use GTP Capital Sites in any manner that would interfere with any other party’s use of the GTP Capital Sites.
USE OF LINKSThe GTP Capital website may contain links to websites operated by other parties. GTP Capital does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and GTP Capital excludes all liability and responsibility for the content or operation of these third party websites.
EXCLUSION OF WARRANTIESGTP Capital DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE GTP Capital SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE GTP Capital SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND GTP Capital DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. GTP Capital DOES NOT WARRANT THAT THE GTP Capital SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GTP Capital ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE GTP Capital SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GTP Capital SITES WILL MEET YOUR EXPECTATIONS.
DISCLAIMER AND LIMITATION OF LIABILITYGTP Capital WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE GTP Capital SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF GTP Capital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. GTP Capital WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH GTP Capital DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORISED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
INDEMNIFICATIONAs a condition of your use of the GTP Capital Sites, you agree to indemnify and hold GTP Capital and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the GTP Capital Sites, or from your violation of these Terms.
CONFIDENTIALITYIt is your obligation to keep GTP Capital accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any GTP Capital Site is made at your own risk. You authorize GTP Capital to rely and act on, and treat as fully authorized and binding upon you, any instruction given to GTP Capital that GTP Capital believes to have been given by you or on your behalf by any agent or intermediary whom GTP Capital believe in good faith to have been duly authorized by you. You acknowledge and agree that GTP Capital shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.
TERMINATIONGTP Capital reserves the right to terminate your usage of the GTP Capital Sites at any time, for any reason, with or without cause and without prior notice.
SEVERABILITYIf for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
GOVERNING LAW AND JURISDICTIONUnless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of Marshall Islands, without regard to principles of conflicts of law, and shall inure to the benefit of GTP Capital ‘s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with GTP Capital in Marshall Islands or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the state courts located within the city and county of Marshall Island, and hereby waive any objection to the convenience or propriety of venue therein.
GTP Capital SOFTWARE END USER LICENCE AGREEMENTGTP Capital, AND EACH OF ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, ” GTP Capital “) IS WILLING TO LICENCE THE SOFTWARE (defined below) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENCE AGREEMENT (“Algo-trading “,”ALGO”). THIS Algo-trading IS A LEGAL AGREEMENT BETWEEN YOU AND GTP Capital. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND/OR USING THE SOFTWARE. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THE ALGO AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU CANNOT USE THE SOFTWARE IDENTIFIED BELOW OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
- Software. Software is defined as GTP Capital algo-trading platforms and API’s, including but not limited to Trading Station, WEB Trader, as well as any other software, updates or error corrections provided by GTP Capital, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts and other documentation provided to you by GTP Capital or otherwise disseminated by GTP Capital.
- License. License is defined as a limited, revocable, non-sublicenceable, non-exclusive, non-transferable right to use Software, granted to you.