Terms and Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Jube Capital Limited (United Kingdom company registration number 09028931), the owner(s) of this Website.

Your agreement to comply with and be bound by Clauses 1 – 3, 5 – 9, the relevant sub-Clauses of 11 and 12 – 20 of these Terms and Conditions is deemed to occur upon your first use of the Website.  Clauses 4, 9 and the relevant sub-Clauses of 10 apply only to Paid Content and subscriptions.  If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

1.            Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Account”

means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website namely real-time forecasts for FX and Equity financial instrument before time using econometrics and artificial intelligence;

“API”

means Application Programming Interface being a set of functions and procedures that allow the creation of applications which access the features or data of this website through means other than the websites graphical user interface;

“Paid Content”

means Content accessible via the website or API only upon the creation of an Account and the payment of a Subscription Fee or the undertaking of a free trial period offering proprietary output including, but not limited to: Change of Rate PIP Forecast; Volatility and Market Anomaly Measure; Model Error Rate; Direction Error Rate; Change of Rate PIP Profit; Expert Commentary.

Service

means collectively any online facilities, tools, services or information that Jube Capital Limited makes available through the Website either now or in the future;

“Subscription Fee”

means the sum of money paid by Users at monthly intervals to keep their Account active and to enable them to access Paid Content;

“Subscription Period”

means the period for which a subscription has been purchased and may refer to one month, three months, six months and one year accordingly;

System

means any online communications infrastructure that Jube Capital Limited makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, forums, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Jube Capital Limited and acting in the course of their employment;

“Website”

means the website that you are currently using (www.eodTarget.com) and any sub-domains of this site (e.g. subdomain api.eodTarget.com) unless expressly excluded by their own terms and conditions;

“Cookie”

means a small text file placed on your computer by Jube Capital Limited when you visit certain parts of this Web Site.  This allows us to, amongst other things, identify recurring visitors and to analyse their browsing habits within the Web Site.  Further details are contained in Clause 11;

“We/Us/Our”

means Jube Capital Limited a company registered in England under 09028931 of 130 Old Street, London, England, EC1V 9BD.

"Change of Rate PIP Forecast”

means an output derived by data mining, econometrics and artificial intelligence that is a forecast of the change of a instrument price before that instrument price is realised.

“Volatility and Market Anomaly Measure”

means an output derived by data mining, econometrics and artificial intelligence that is a zero based measure of market anomaly and volatility,  where zero represents normal and deviation from zero is strength of anomaly.

“Model Error Rate”

means an output that measures the average deviation of the forecast change in instrument price versus the actual change in instrument price.

“Direction Error Rate”

means an output that measures the percentage the Change of Rate PIP Forecast is in an incorrect direction,  for example informing the sale of a financial instrument where it would have been more appropriate to buy.

“Change of Rate PIP Profit”

means an output that measures the profit in PIP’s between the forecast instrument price and the actual outcome instrument price.

“Signals”

means Change of Rate PIP Profit, Direction Error Rate, Model Error Rate, Volatility and Market Anomaly Measure, Change of Rate PIP Forecast.

“Expert Commentary”

means opinion of Jube Capital Limited analysts disseminated via our communication systems or appropriate social media tools,  such as Twitter.

“Econometrics”

means the application of mathematics, statistical methods, and computer science, to economic data and is described as the branch of economics that aims to give empirical content to economic relations.

“Artificial Intelligence”

means the theory and development of computer systems able to perform tasks normally requiring human intelligence.

“Data Mining”

means data processing using sophisticated database query capabilities and statistical algorithms to discover patterns and correlations in large pre-existing databases.

“PIP”

means smallest price change that a given exchange rate or financial instrument can make. Taking currency pairs, since most major currency pairs are priced to four decimal places, the smallest change is that of the last decimal point - for most pairs this is the equivalent of 1/100 of one percent, or one basis point.

2.            Intellectual Property

2.1         Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Jube Capital Limited, or Our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2         You may not use any materials contained within this website such as Content, Paid Content or materials provided by Jube Capital Limited (including without limitation any source code) to create any content whose expression is substantially similar to that of the Paid Content.

2.3         Notwithstanding anything to the contrary contained in this Agreement, the Client acknowledges that the website, the Paid Content and any other Intellectual Property owned or controlled by Jube Capital Limited prior to the date of this Agreement shall be and remain the exclusive property of Jube Capital Limited. 

2.4         Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

2.5         All data pertaining to models collected or created by Jube Capital Limited, including but not limited to Statistics, Data Abstraction, and Artificial Intelligence Models, will remain the exclusive intellectual property of Jube Capital Limited.

3.            Use of Paid Content

3.1         Payment of a Subscription Fee or undertaking of a time limited free trial grants you a licence to use all Content on the Website for the duration of your subscription.  You may use such Content for your own personal and non commercial purposes only. 

3.2         Under such a licence, you agree that:

3.2.1     You may not store the Content for the purposes of creating a historical database or historical data product or similar purposes.

3.2.2     You may not copy, distribute or redistribute the Content, including by way of caching, framing or similar means, nor sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party.

3.2.3     You may not use any of the Content in connection with the issuance, trading, marketing or promotion of investment products.

4.            Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

5.            Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Jube Capital Limited or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.

6.            Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.eodTarget.com without Our prior permission.  Deep linking (i.e. links to specific pages within the site) requires Our express permission.

7.            Use of Communications Facilities

7.1         When using any System on the Website you should do so in accordance with the following rules:

7.1.1     you must not use obscene or vulgar language;

7.1.2     you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3     no Content that is intended to promote or incite violence;

7.1.4     it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

7.1.5     the means by which you identify yourself must not violate these terms of use or any applicable laws;

7.1.6     you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

7.1.7     you must not impersonate other people, particularly employees and representatives of Jube Capital Limited or Our affiliates; and

7.1.8     you must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”;

7.2         You acknowledge that Jube Capital reserves the right to monitor any and all communications made to Us or using Our System.

7.3         You acknowledge that Jube Capital Limited may retain copies of any and all communications made to Us or using Our System.

7.4         You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

8.            Accounts

8.1         In order to access Paid Content on this Website and to use certain other parts of the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose.  By continuing to use this Website you represent and warrant that:

8.1.1     all information you submit is accurate and truthful;

8.1.2     you have permission to submit Payment Information where permission may be required; and

8.1.3     you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

8.2         Sharing of accounts is not permitted unless We expressly authorise it in writing.  You are required to keep your Account details confidential and must not reveal your username and password to anyone.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

8.3         When choosing your username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the suspension and/or deletion of your Account.

9.            Subscriptions and Cancellation

9.1         Subscription charges commence on the date that you activate your subscription.  Your credit / debit card will be billed on activation and monthly thereafter until you cancel your recurring subscription under sub-Clause 9.7.

9.2         Your first payment will be at the price advertised on the Website.  Jube Capital Limited reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:

9.2.1     increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and

9.2.2     decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and

9.2.3     further information on subscriptions and pricing, please visit Our email our support team via support@eodTarget.com.

9.3         No part of this Website constitutes a contractual offer capable of acceptance.  Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending to you a subscription confirmation email.  Only once We have sent you a subscription confirmation email will there be a binding contract between Jube Capital and you.

9.4         Subscription confirmations under sub-Clause 9.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:

9.4.1     Confirmation of the subscription including full details of the main characteristics of the Paid content available through your subscription;

9.4.2     Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;

9.4.3     The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);

9.4.4     A confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 9.5; and

9.5         Provision of Paid Content shall commence immediately upon Our confirmation of your subscription.  When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately.  You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Jube Capital Limited as detailed below in sub-Clause 9.6.

9.6         If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services.  This period, if applicable, begins once the contract between Jube Capital Limited and you is formed (as explained under sub-Clause 9.3) and ends at the end of 14 calendar days after that date.  Under normal circumstances, the provision of Paid Content begins immediately upon Our confirmation of your subscription.  As set out in sub-Clause 9.5, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.

9.7         You may cancel at any time after subscribing, however subject to sub-Clause 9.8, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.

9.8         If you subscribe in error you must inform Us within 14 calendar days of subscribing and must not use the Paid Content during that time.  This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel.  If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

10.         Termination

10.1       Either Jube Capital Limited or you may terminate your Account and (where relevant) your subscription.  If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

10.2       If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.  Such terminations can be appealed via email to support@eodTarget.com or in writing via our office address at 130 Old Street, London, England, EC1V 9BD.

10.3       If We terminate your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee.  Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

10.4       If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.

10.5       If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period as per sub-Clause 9.7.

11.         Privacy

11.1       Use of the Website is also governed by Our Privacy Policy available at the following link http://www.eodTarget.com/privacy and which is incorporated into these Terms and Conditions by this reference.  To view the Privacy Policy, please click on the link above.

11.2       The Website places the cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in Our Privacy Policy available at the following link http://www.eodTarget.com/privacy. By accepting these Terms and Conditions, you are giving consent to Jube Capital Limited to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.

12.         How We Use Your Personal Information (Data Protection)

12.1       All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

12.2       We may use your personal information to:

12.2.1   Provide Our Service to you;

12.2.2   Process your payments to Us; and

12.2.3   Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.

12.3       We will not pass on your personal information to any other third parties without first obtaining your express permission.

13.         Disclaimers

13.1       We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

13.2       This software and service is intended for use ONLY by regulated FX / Equity Brokers or Professional FX / Equity Traders (including hedge funds) under the auspices of their regulated FX / Equity prime broker. TRADING SPECULATIVELY IS EXTREMELY HIGH RISK AND YOU MAY LOSE YOUR ENTIRE CAPITAL INVESTMENT AND MORE.  Trading involves the possibility of SIGNIFICANT financial loss. You agree that you will only trade with money that you are prepared to lose and you recognise that for factors outside of your control you may lose all of the money in your trading account. Many regulated FX / Equity brokers also hold you liable for losses that exceed your trading capital, so you may stand to lose more money than is in your account. JUBE CAPITAL LIMITED TAKES NO RESPONSIBILITY FOR LOSS INCURRED AS A RESULT OF USING OUR FORECASTS, WE DO NOT GIVE SPECIFIC ADVICE OR INSTRUCTION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, we provide only tutorial instruction, news and methodology.

13.3       You acknowledge that Jube Capital Limited are not providing financial advice and that you are making a decision to  trade and on your own account. We have no knowledge on the level of money you are trading with or the level of risk you are taking with each trade. YOU MUST MAKE YOUR OWN FINANCIAL DECISIONS, WE TAKE NO RESPONSIBILITY FOR MONEY LOST AS A RESULT OF OUR FORECASTS OR INFORMATION PROVIDED ON ANY FINANCIAL RELATED PRODUCTS OR SERVICES ON THIS WEBSITE.  No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.4       Jube Capital Limited are not brokers and are not authorised of regulated by any financial conduct authority. 

13.5       The past performance of a trading system or methodology is not necessarily indicative of future results.  Simulated or hypothetical trading results do not represent actual trading.  No representation is being made that any account will or is likely to achieve profits of losses similar to those made available on the website.  You should carefully study the market, the financial instruments and more generally financial trading before using our forecasts.  All forecasts produced by this website should be viewed upon as hypothetical.

13.6       Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of Our service.

13.7       Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

14.         Availability of the Website and Modifications

14.1       The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Website or the Service will be free of defects and / or faults.  To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

14.2       We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.

14.3       We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15.         Limitation of Liability

15.1       EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS OR SOFTWARE PROVIDED WITH THIS WEBSITE. EXAMPLES IN THIS PAGE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING THE INFORMATION INCLUDED TO THIS PAGE, THE IDEAS AND THE TECHNIQUES. WE DO NOT PURPORT THIS AS A GET RICH SCHEME. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN THIS PAGE DEPENDS ON THE TIME YOU DEVOTE TO THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN THIS PAGE MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL;

15.2       Jube Capital Limited shall not be responsible for failure or delay in providing the Content if such failure or delay arises directly from you being in breach of its obligations under this Agreement or where failure is attributable to your Equipment failure or your actions or that of your Personnel;

15.3       Jube Capital Limited shall have no liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories: special damage even though Jube Capital Limited was aware of the circumstances in which such special damage could arise; loss of profits; loss of anticipated profits or savings; loss of business opportunity; loss of goodwill; loss or corruption of data; loss of legal costs.

15.4       Jube Capital Limited shall have no liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which arise from any of the circumstances set out in Clause 15.1 to 15.3.

15.5       The total liability of Jube Capital Limited, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the aggregate of all fees received by Jube Capital Limited from you under the terms of this Agreement in the 12 month period prior to the claim arising.

15.6       The exclusions in Clause 14 and Clause 15.1 shall apply to the fullest extent permissible at law, but Jube Capital Limited does not exclude liability for: death or personal injury caused by the negligence of Jube Capital Limited, its officers, employees, contractors or agents; fraud or fraudulent misrepresentation; breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; any other liability which may not be excluded by law.

15.7       You agree that, in entering into this Agreement, either you did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement or (if it did rely on any representations, whether written or oral, not expressly set out in this Agreement ) that it shall have no remedy in respect of such representations and (in either case) Jube Capital Limited shall have no liability otherwise than in accordance with the express terms of this Agreement.

15.8       In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

16.         No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17.         Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18.         Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Jube Capital Limited.

19.         Communications

19.1       All notices / communications shall be given to Us either in writing to 130 Old Street, London, England, EC1V 9BD or by email to support@eodTarget.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19.2       We may from time to time, if you opt to receive it, send you information about Our products and/or services.  If you do not wish to receive such information, please click on the ‘unsubscribe’ link in any such email you receive from us.

20.         Law and Jurisdiction

These Terms and Conditions and the relationship between you and Jube Capital Limited shall be governed by and construed in accordance with the Law of England and Wales and Jube Capital Limted and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.


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