Terms of Sharingtrading service

 

 

 

Purpose

  • Sharingtrading is a platform to promote the dissemination of information about financial investment instruments and in general about financial trading and increase the awareness of users in this field, mainly through sharing information between users.
  • Sharingtrading’s purpose is solely informational and promotional. Therefore, it is expressly forbidden to use Sharingtrading for any other purposes such as, as a way of mere example, close any possible kind of agreement, including those relating to finance products , or others.
  • Sharingtrading is owned by  Smartlab Ltd. with registered address at Suite 3, 64/1, Agiton Building, St. Anthony Street , San Gwann , SGN 1437 Malta, company specialized in the creation and management of web platforms oriented on financial trading.

 

Definitions

The following terms have the meaning below expressed, being understood that the terms defined as plural include the singular and vice-versa:

  • Content

    means images, pictures, videos, texts, drawings, trademarks, tradenames, logos, models, other information, hypertext and anything else divulged to the User through

    Sharingtrading

  • Intellectual property

    Means Sharingtrading, patents, utility models, designs and models, copyright, trademarks, service marks, rights over the topography of semiconductors, databases, confidential information, including know-how and commercial and industrial secrets, moral rights or other similar rights in any Country and, regardless the actual filing, the possible requests for registration of any of the preceding rights and all of the rights regarding the filing of the requests for registration of one of the preceding rights which are property of, licensed to or in any case legitimately utilised by, Smartlab;

  • Sharingtrading

    means the web-based platform with informative and advertising purposes owned by Smartlab Ltd specialised in investments and financial trading and accessible, in particular, at the Internet address www.sharingtrading.com

  • Smartlab

    Means Smartlab Ltd., Maltese company, with registered address at Suite 3, 64/1, Agiton Building, St. Anthony Street , San Gwann , SGN 1437 Malta, company specialized in the creation and management of web platforms oriented on financial trading.

  • Community

    This is the set of Sharingtrading sections that contain user-reserved content, including user feedback (comments, discussions, and reviews), a list of members with the appropriate activity-based rankings, as well as the written communication system between the members, both privately and publicly.

  • Member

    means a registered User on Sharingtrading;

  • Author

    indicates a member who has the ability to publish and share useful information to other users such as: articles, interviews, strategies, indicators, reviews, signals, analysis, news, etc; the normal member is automatically authorized by Sharingtrading’s computer system when it has reached a certain threshold of community rankings thanks to the activities carried out in support of other users.  

  • Provider

    indicates an active operator in the financial sector present on Sharingtrading through a dedicated space;

  • Termini del Servizio

    means the present Sharingtrading terms of service

  • User

    means any person who visits or use Sharingtrading and expressly includes Member, author, and Provider.

 

 

  • Acceptance of the terms of service and amendments
    • The User acknowledges that registration on, access to or use of Sharingtrading represents the execution of a binding legal agreement with Smartlab regulated by the Terms of Service which expressly accepts.
    • The User acknowledges that Smartlab may amend the Terms of Service, for example due to compliance with new laws. Therefore, the User is required to regularly check the Terms of Service. Such amendments will not have a retroactive effect and will enter into force at least fourteen days after the publication date.
    • The Terms of Service regulate the relationship between Smartlab and the User and do not create rights in favor of third parties.

 

  • Standard services
    • The User has access to certain Content on Sharingtrading, such as articles, interviews, news, forums, provider rankings, every Provider page.
    • The Member may, in addition, use the additional Sharingtrading features, such as special content reserved to him, and use the “community” to interact with other enabled members, participate in discussion forums, publicly comment and comment.

 

 

  • additional premium member services
    • In order to keep all the services provided on the site free of charge, Smartlab receives from the providers on the advertising commissions site or user deposits commissions.
    • those who decide to use a real-time trading account with a provider on the site will get premium member status with the option of additional services included in the “premium package”.
    • For Premium Members to Get The right to use the “premium package” services must make the trading account open to the provider operational by exceeding the minimum trading limit of 1.
    • Some of the “premium package” services include the use of coupon codes to use free of charge external trading services, in accordance with their terms and conditions and external provider terms and conditions.
    • Such external services are governed by separate agreements that the member will hold directly with the provider by expelling the smartlab from any liability or failure to supply
    • Every member who receives trading information or brokerage services provided by the providers decides to use them under their own responsibility and according to their ability to evaluate their consequences and risks. Smartlab assumes no responsibility for any loss or damage arising from their use.

 

  • Signal service.
    • In the “Signals” section, available only to members, periodic reviews of financial markets are shown that indicate how to deal with a market in certain market situations and which purely for educational purposes
    • Content reported is published by authors who want to voluntarily share their opinion and market interpretation as a pure expression of sharing and sharing within the community
    • Use of this information by members to make real investments involves a high degree of risk and can lead to loss of capital, so we recommend using it for the sole purpose of training simulation.
    • Smartlab assumes no responsibility for any loss or damage resulting from these indications.

 

 

 

  • Intellectual property
    • Smartlab is not the owner of the Content published by the User on Sharingtrading, included those included on sections “signals”, “strategies”, “indicators”, “forum”, “news”, and posts of the “Community activities”;
    • The User grants Smartlab with a free, non-exclusive, transferable, assignable, open-ended and global license for all of the Content published on Sharingtrading so that Smartlab can use, store, copy, modify, create derivative works (such as translations, adaptations or other amendments), publish, perform in public and distribute the Content. Such a license is valid even if the Terms of Services are terminated. The User declares to possess the rights necessary to legitimately grant Smartlab with the present license on the Content.
    • The User acknowledges that the Content that he publish Sharingtrading is public and accessible to other Users and is deemed to be the sole responsibility e for their correctness or the effects they may have on other users.
    • Access to Sharingtrading does not imply any assignment or licence from Smartlab to User over the Intellectual Property Rights.
    • All of the trademarks and logos published on SharingTrading belong to their legitimate owners. Such trademarks and logos are mentioned on SharingTrading for informational purposes only. Smartlab does not own any rights on such trademarks and logos, except its own.

 

 

  • User’s obbligations and liabilities
    • The User undertakes not to use SharingTrading in an improper manner.
    • As a way of examples, it is forbidden to use SharingTrading in a way or for purposes not allowed by the law, to close any possible kind of agreement, to spread IT viruses, to perform activities that may compromise SharingTrading’s security, to access SharingTrading by using automatic tools (such as harvesting bots, robots, spiders or scrapers), to denigrate, threaten or annoy other Users.
    • It is the user’s responsibility for a conscious use of financial trading, which poses a high risk and is not suitable for all investors. Before deciding to trade with financial instruments, the user must carefully evaluate his investment goals, his level of experience and his risk appetite.
    • The User is committed to providing his / her true data.

 

  • Liabilities on Contents
    • The User is the only person liable for the truthfulness, legitimacy, accuracy and rightfulness of the use of the Content that the User publishes on SharingTrading, as well as of the materials and information sent through SharingTrading.
    • The User undertakes to keep Smartlab harmless and indemnified against any liabilities, actions, requests, including those for damages, expenses and costs that any third party may arise with reference to the Content published by the User on SharingTrading, with no prejudice to the liability for damages caused to Smartlab.
    • Smartlab, as well as all of its suppliers of information, comments, quotations and editorial content, decline any responsibilities on the reliability and precision of the Contents, advertising, information and data in any way divulged, including hyperlinks, downloaded files and communications via emails.
    • Smartlab declines any responsibilities on the quality and precision of the Contents published by the User through SharingTrading. As a consequence, the User accepts to use the Contents at its own risk and danger.
    • The User acknowledges that Smartlab:
      • (a) does not operate any control over the Content posted by the User on Sharingtrading , included those included on sections “signals”, “strategies”, “indicators”, “forum”, “news”, and posts of the “Community activities”;
      • (b) Smartlab is not responsible for the Content posted on SharingTrading, or sent to the User via SharingTrading, by the User which are the ones solely responsible for all Content that they publish on SharingTrading;
      • (c) Smartlab does not guarantee the accuracy, lawfulness, fairness and right to use the Content posted on SharingTrading by the User.
      • (d) the Content express only the views of its author;
      • (e) the authors of the Content may have a specific interest related to the subjects, goods and services discussed in the Content;
      • (f) the Content may constitute an invitation to evaluate the purchase of goods or services;
      • (g) SharingTrading can not be used for the conclusion of contracts with other User;
      • (h) any financial transaction carried out by interpreting the Content is carried out under the sole responsibility of the User.
    • The “Community” is aimed at ensuring a communication characterized by immediacy, regularity and extensiveness, also with a view to promoting, maintaining and developing relations between the User, Author and the Provider.
    • Smartlab reserves the right, but not the obligation, to improve, alter, amend, suspend, block or delete at any time and without prior notice the Contents, regardless of a possible incompatibility with SharingTrading. This right may be exercised by Smartlab on its own initiative or upon notification by the User, provided that the good performance of SharingTrading and the “Community” depends on the sense of responsibility of each individual User.
    • Smartlab has the right to disclose the identity of the User (and in any case the available information about them) in the event of a complaint or legal action arising from any Content posted through SharingTrading.

 

  •  Smartlab’s rights
    • Smartlab has the right to amend or substitute SharingTrading’s domain name with no liability towards the User.
    • Shoud the User be in breach of the provisions under the Terms of Service, Smartlab will have the right to, upon its unquestionable decision and with no liability towards the User:
  1. a) delete User’s profile from SharingTrading;
  2. b) deny the User further access or registration to SharingTrading;
  3. c) start any possible actions against the User, including those aiming at recovery of damages.
    • Smartlab has the right to amend, update, suspend, limit or interrupt SharingTrading in any moment and with no liability towards the User.
    • Smartlab may at its sole discretion and without any liability modify, update, suspend, limit or terminate at any time, the author’s functions.

 

  • No support
    • Smartlab is not obliged, under the Terms of Service, to supply to the User technical support regarding SharingTrading.

 

  • Limitation of liability
    • Smartlab is not responsible towards the User or any third parties for:
  1. a) any losses or damages arising from the information contained on this website such as market news, analysis, articles, signals, strategies, indicators and ratings and features of the Forex Broker. Each information or data must always be verified by the user with accuracy and correctness, even with demo simulation, and taking risks awareness before being used for real investment.
  2. b) profit, customer, use or data losses regardless their predictability;
  3. c) b) special, incidental, indirect, consequential or punitive damages of any kind (regardless if it was aware of the possible occurrence of such damages), including those (i) deriving from profit, customer, use or data losses regardless their predictability, (ii) based on possible presumptions of liability, including breach of contract or of warranty, negligence or other illicit actions, or (iii) deriving from any other complaint arising from, or in connection with, the use of SharingTrading.
    • Total liability of Smartlab towards the User for any possible request of damages is limited to € 100,00.
    • Smartlab cannot be held responsible for the selection of authors who publish analyses, news, signals, strategies, indicators, reviews, or any other content within Sharingtrading as they are directly enabled by the computer system at reaching a threshold of the achieved rank within the community.
    • Smartlab is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning SharingTrading.
    • Smartlab is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect SharingTrading’s functionalities.
    • The Terms of Service do not limit nor exclude Smartlab’s liabilities for willful misconduct or gross negligence.
    • Limitations and exclusions in the present Clause apply in the maximum fashion allowed under the law.

 

  • Exclusions of warranty
    • SharingTrading and its functions are offered “”AS IS”.
    • Smartlab does not provide any warranties, whether explicit or implied, including implied warranties concerning non-infringement, merchantability and fitness for a particular purpose.
    • In particular, Smartlab makes no warranty as to (a) Sharingtrading’s suitability to the User’s requirements, (b) the availability, and the absence of errors in, Sharingtrading, and the files available for download; (c) the quality of Sharingtrading, both of its data and of the files available for download; (d) Correcting any Sharingtrading errors, information, data, or files available for download.
    • Limitations and exclusions in the present Clause apply in the maximum fashion allowed under the law.

 

  • miscellaneous
    • Mere silence, or the absence of a prompt reaction, of Smartlab in case of any breach of the Terms of Service by the User will not be construed as acceptance of the violation or as a waiver of the right to demand fulfillment of the obligation, or as a waiver of the rights and/or powers of Smartlab.
    • Rights and remedies provided in the Terms of Services are not exclusive but are in addition to those available under the applicable law.
    • Should a provision of the Terms of Service be judged null or invalid by a court or another competent authority, such a provision will be considered erased from the Terms of Service and the remaining provisions will remain effective and valid.

 

  • Applicable law and competent Court
    • The Terms of Service are regulated by the law of Malta with the exception of the relevant provisions on international private law.
    • Any dispute concerning the interpretation, performance, termination or validity of the Terms of Service is subject to the exclusive jurisdiction of the Courts of Malta.
    • The user will be relieved of any use of the sharingtrading platform if the predictions of these terms and conditions are contrary or unenforceable in accordance with the mandatory rules of the User’s Country.