Terms And Conditions

Overview

All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these Terms of Service and our Privacy Policy. By purchasing any goods or services from this website, you are furthermore bound by this site's Service Agreement.

The following terms and conditions incorporate a legal agreement between you (“You”) and (“TraderMade”) and set forth the terms and conditions by which TraderMade will make the TraderMade API service available in order to electronically provide You with use of and access to TraderMade Data & Services.

TraderMade API Services
For the purposes of this Agreement, “TraderMade API Services” shall consist of:
  • all currency data and information feeds, media, software, and/or electronic documentation made available or supplied by TraderMade or its licensees
  • and certain other software, data, and/or documents supplied by TraderMade or its licensees to facilitate use of such data or services. “TraderMade API Data and Services” means TraderMade’s service or application programming interface that allows You and other authorised licensees to access TraderMade API Data & Services and make use of TraderMade API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and TraderMade from time to time.


  • Acknowledgement
    By accessing or otherwise using the TraderMade API, You acknowledge that You:
  • have read all of the terms and conditions of this Agreement;
  • agree to be bound by the terms and conditions of this Agreement;
  • agree to check the TraderMade API pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
  • have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the TraderMade API. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of TraderMade, Your sole and exclusive remedy is to discontinue accessing or otherwise using the TraderMade API.

  • Scope of License


    Grant of License
    TraderMade hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the TraderMade API and use TraderMade API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

    Scope of the TraderMade API License
    Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display TraderMade API Data & Services to individual end-users of your application(s), provided
  • such end users use TraderMade API Data & Services strictly for their own personal use,
  • You do not permit Your end users to store, distribute, or otherwise exploit TraderMade API Data & Services for any other purposes.

  • For clarity, and without limiting the forgoing, You are permitted solely to use TraderMade API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of TraderMade API Data & Services outside of your application(s).

    Use of License


    Restrictions
    You shall not:
  • reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit TraderMade API Data & Services or the TraderMade API;
  • make access to TraderMade API Data & Services or the TraderMade API available to unauthorised parties, or otherwise post or distribute TraderMade API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
  • remove, obscure, or alter any required notice or any notice of TraderMade’s intellectual property rights present on or in the TraderMade API, including, but not limited to, copyright, trademark, and/or patent notices;
  • disassemble, translate, reverse engineer or otherwise decompile TraderMade API Data & Services or the TraderMade API;
  • knowingly cause or permit anything that will impair, jeopardise, violate, or infringe the intellectual property rights of TraderMade in TraderMade API Data & Services or the TraderMade API;
  • directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of TraderMade in TraderMade API Data & Services or the TraderMade API, or assist any party to do so;
  • through Your use of TraderMade API Data & Services or the TraderMade API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of TraderMade;
  • claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to TraderMade’s trademarks, or assist any other party to do so;
  • use, store, or access any TraderMade API Data & Services, or the TraderMade API after the termination of this Agreement;
  • use or permit others to use, market, distribute, or export TraderMade API Data & Services, or the TraderMade API; or,
  • use TraderMade API Data & Services or the TraderMade API in any manner or for any purpose that violates any law, regulation or right of any person.

  • Attribution
    While usage of the TraderMade API is not subject to Your end users being made aware by You that TraderMade is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the TraderMade API website at www.TraderMade.com would be highly appreciated.

    Your Responsibility to Safeguard
    You shall use Your best efforts and take all necessary steps to safeguard TraderMade API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any TraderMade API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of TraderMade API Data & Services, You shall immediately notify TraderMade by emailing “support@tradermade.com”.

    Misuse of the Licensed Product
    In the event that You or any end users use TraderMade API Data & Services or the TraderMade API in violation of this Agreement, as applicable, TraderMade shall have the option of electing liquidated damages.

    Services and Data


    Use of the TraderMade API
    Subject to the terms herein, TraderMade will provide You with access to TraderMade API Data & Services over the Internet through the TraderMade API. All calls to the TraderMade API must reference the credentials issued to You by TraderMade. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the TraderMade API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

    Usage Limits
    The extent of Your usage of the TraderMade API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the TraderMade API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. TraderMade will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. TraderMade reserves the right to limit or throttle the number of network calls available to Your application(s) if TraderMade (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

    Responsibility for Software and Hardware
    You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the TraderMade API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the TraderMade API.

    Services May Be Inaccessible Or Inoperable
    You hereby acknowledge that from time to time, the TraderMade API may be inaccessible or inoperable for any reason, including, without limitation:
  • equipment (hardware) malfunctions; software malfunctions;
  • periodic maintenance procedures or repairs which TraderMade may undertake from time to time; and/or,
  • causes beyond the reasonable control of TraderMade and/or not reasonably foreseeable by TraderMade.

  • Service Level Agreement
    If the TraderMade API is unavailable to all TraderMade API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to TraderMade of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by TraderMade, You shall be entitled to a refund equal to the amount You have paid for the latest term.

    Right to Change Content or Format
    You acknowledge that TraderMade may from time to time, and in its sole discretion, update or change the content or format of TraderMade API Data or the TraderMade API. TraderMade shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since TraderMade strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the TraderMade API in order to ensure functionality of Your application(s) with TraderMade API Data & Services.

    Publicity

    Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that TraderMade (TraderMade) may include such Subscriber’s name and trademarks in a list of TraderMade (TraderMade) Subscribers, online or in promotional materials. Each Subscriber also agrees that TraderMade (TraderMade) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by contacting TraderMade.com Support.

    Proprietary Rights

    Trademarks
    "TraderMade", "TraderMade.com", the TraderMade logo and other identifying marks of TraderMade are and shall remain the trademarks and trade names and exclusive property of TraderMade, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.

    Licensed, Not Sold
    Use of TraderMade API Data & Services and the TraderMade API is licensed, and not sold.

    Consent to Collection, Use, Retention, and Disclosure of Information In the course of providing the TraderMade API, TraderMade collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the TraderMade API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read TraderMade’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to TraderMade’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

    No Granting of Ownership Rights
    You acknowledge that TraderMade owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the TraderMade API Data & Services or the TraderMade API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any TraderMade API Data & Services or the TraderMade API.

    TraderMade’s Right to Terminate
    TraderMade reserves the right at any time to terminate this Agreement, or withdraw from distributing TraderMade API Data & Services or providing access to the TraderMade API, if for any reason it no longer retains the right to publish or distribute the TraderMade API Data & Services.

    Disclaimer

    Provided in Good Faith The TraderMade API is provided by TraderMade in good faith and although TraderMade endeavours to ensure that TraderMade API Data & Services and the TraderMade API are accurate and obtained from sources believed to be reliable, TraderMade does not guarantee or warrant:
  • the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of TraderMade API Data & Services or the TraderMade API; or
  • that the TraderMade API Data & Services or the TraderMade API is free from errors or other material defects.


  • Disclaimer
    The TraderMade API and TraderMade API Data & Services are provided “as is” and “as available”, without any warranty of any kind and TraderMade, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall TraderMade be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall TraderMade, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the TraderMade API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that TraderMade’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.

    Disclaimer
    You acknowledge that TraderMade is not, and is not affiliated with, a financial institution or financial data feed provider, but obtains its financial data from a variety of sources. You further acknowledge that financial data often differs between financial institutions and between geographic jurisdictions and accordingly may vary from that provided by TraderMade pursuant to this agreement. Although TraderMade has used its commercially reasonable efforts to obtain the most accurate and timely financial data available from the aforementioned sources, TraderMade makes no representations or warranties as to accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing or completeness of the TraderMade API Data or the TraderMade API. You acknowledge that no part of TraderMade API Data constitutes advice regarding financial, investment, legal, or tax issues, and that You and all end users should seek independent professional advice before making any decisions regarding such issues. Disclaimer TraderMade does not represent or warrant that the TraderMade API, or access to the TraderMade API, will be uninterrupted or error-free or that errors in the TraderMade API and/or TraderMade API Data & Services will be corrected.

    Disclaimer
    In no event shall TraderMade, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the TraderMade API be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the TraderMade API and/or the TraderMade API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if TraderMade knew or should have known of the possibility of or could have prevented such damages.

    Indemnification by You
    You shall indemnify, defend, and save harmless TraderMade, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
  • any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the TraderMade API; and/or,
  • any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.


  • General

    These Terms of Service incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and TraderMade with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Service supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and TraderMade relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and TraderMade.

    If any provision of these Terms of Service is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Service shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. TraderMade's failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Service shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Service.

    You agree that these Terms of Service, TraderMade's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

    If you are a consumer, please note that these Terms of Service, its subject matter and its formation, are governed by UK law. You and we both agree to that the courts of UK will have non-exclusive jurisdiction. If you are a business, these Terms of Service, its subject matter and its formation (and any non-contractual disputes or claims) are governed by UK law. We both agree to the exclusive jurisdiction of the courts of UK.

    Contact

    Should you have any questions, complaints, or comments about these Terms of Service, this service, or website, or require further clarification of any kind, please do not hesitate to contact us at support@TraderMade.com

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