Effective 03 October 2020
Thanks for choosing Brokerpedia (“Brokerpedia”, “we”, “us”, “our”). By signing up or otherwise using the Brokerpedia service, websites, and software applications (together, the “Brokerpedia Service” or “Service”), or accessing any content or material that is made available by Brokerpedia through the Service (the “Content”) you are entering into a binding contract with the Brokerpedia entity indicated at the bottom of this document. The Brokerpedia Service and Content are referred to as the “Brokerpedia Software”.
Wherever appropriate in this Agreement, a singular term shall be construed to mean the plural where necessary, and a plural term the singular.
Please read the Agreements carefully. They cover important information about Brokerpedia Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Brokerpedia Software, you need to (1) be 18 or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Brokerpedia is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance. Your continued use of the Service after the changes have been made constitutes your acceptance of those changes to Terms. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the newest version of the Agreements, your sole option is to immediately terminate your subsequent payments with Brokerpedia and cease your use of these Services.
Brokerpedia provides Software As A Service (SAAS) offering content related to lending and financial services. Certain Brokerpedia Services may be provided to you free-of-charge-to-user via participating organisations (also referred to as “Free Service” or “Ad Support Version”). Other Brokerpedia Services require payment before you can access them. The Brokerpedia Services that may be accessed after payment is currently referred to as the “Premium Service” (also known as “Paid Subscriptions”). You can learn more about our Services by visiting the Brokerpedia website.
The Premium Service and/or the Free Service may not be available to all users. We will explain which services are available to you when you are signing up for the Services. If you cancel your subscription to the Premium Service, or if your subscription to the Premium Service is interrupted, for any reason whatsoever, including if you change your payment details or your credit card, debit card, direct payment details have expired, you may not be able to re-subscribe for the Premium Service. Note that the Premium or Free Service may be discontinued anytime in the future, in which case you will no longer be charged for the Service. Note that the Premium or Free service may be discontinued anytime in the future for Individual users or groups at Brokerpedia’s sole discretion.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Brokerpedia for access to the Free Service or Premium Service (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on behalf of Brokerpedia may offer trials of the Premium Service for a specified period without payment or at a reduced rate (a “Trial”). Brokerpedia reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PREMIUM SERVICE ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PREMIUM SERVICE THROUGH YOUR BROKERPEDIA ‘MY ACCOUNT’ PAGE OR TERMINATE YOUR BROKERPEDIA ACCOUNT BEFORE THE END OF THE TRIAL.
THE PREMIUM SERVICE CAN BE TERMINATED BY YOU AT ANY TIME, HOWEVER, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, BROKERPEDIA WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID AND YOU WILL BE ABLE TO CONTINUE TO ACCESS THE PREMIUM SERVICE UNTIL THE END OF YOUR PAYMENT PERIOD.
THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PREMIUM SERVICE.
The Brokerpedia Service and the Content are the property of Brokerpedia or Brokerpedia’s licensors. We grant you limited, non-exclusive, revocable permission to access the Brokerpedia Service, and limited, non-exclusive, revocable permission to access the Content for commercial purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Brokerpedia. You promise and agree that you are accessing the Content for your own personal, commercial and non-commercial purposes and that you will not redistribute or transfer the Brokerpedia Service or the Content without the consent of Brokerpedia.
The Brokerpedia Software or applications are not sold to you, and Brokerpedia and its licensors retain ownership of the Content and all copies of the Brokerpedia software even after it is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Brokerpedia and its licensors also retain all rights to, direct and implied, distribution and redistribution of any and all content. Your Access to the Content does not give you any ownership rights to the Content. All Brokerpedia trademarks, service marks, trade names, logos, domain names, and any other features of the Brokerpedia brand (“Brokerpedia Brand Features”) are the sole property of Brokerpedia or its licensors. The Agreements do not grant you any rights to use any Brokerpedia Brand Features whether for commercial or non-commercial use.
You agree not to use the Brokerpedia Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Brokerpedia grants no right, title, or interest to you in the Brokerpedia Service or Content.
Third party software including open source software libraries in the Brokerpedia Service are made available to you either under the Agreements or under the relevant third-party software library’s licence terms.
The Brokerpedia Service may be integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content, products, and/or services to you. These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Brokerpedia does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
At Brokerpedia’s sole discretion, Brokerpedia Users may or may not post, upload, and/or contribute (“Post”) content to the Service (which may include, for example, pictures, text, messages, information, any list compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on the Brokerpedia Service by Users.
You promise that, with respect to any User Content you post on Brokerpedia, (1) you have the right to post such User Content, and (2) such User Content, or its use by Brokerpedia as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Brokerpedia or any individual or entity without express written consent from such individual or entity
Brokerpedia may, but has no obligation to, monitor, review, or edit User Content. In all cases, Brokerpedia reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Brokerpedia’s sole discretion, violates the Agreements. Brokerpedia may take these actions without prior notification to you or any third-party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Brokerpedia is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST BROKERPEDIA RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD BROKERPEDIA HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LAWYER FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Brokerpedia Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Brokerpedia Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Brokerpedia may contain advertising as part of the Content.
If you provide feedback, ideas or suggestions to Brokerpedia in connection with the Brokerpedia Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorise Brokerpedia to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Brokerpedia may give users the ability to interact, share and upload content onto the Service. You grant Brokerpedia a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Brokerpedia respects intellectual property rights and expects you to do the same when using the Service. Due to this, Brokerpedia has established rules for you to follow when using the Service.
You agree that the Brokerpedia service, including but not limited to the Brokerpedia products, graphics, user interface, audio clips, video clips, editorial content and software used to implement the Brokerpedia service contains proprietary information and material that is owned by Brokerpedia and is protected by applicable intellectual property and other laws including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Brokerpedia service in compliance with these Terms and Conditions of User. No portion of the Brokerpedia service may be reproduced in any form or any means except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Brokerpedia service in any manner and you will not exploit the Brokerpedia service in any unauthorised way whatsoever.
The following is not permitted for any reason whatsoever:
Please respect Brokerpedia, the owners of the Content, and other users of the Brokerpedia Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Brokerpedia account. You also agree that Brokerpedia may also reclaim your username for any reason.
Please be thoughtful about how you use the Brokerpedia Service and what you share. The Brokerpedia Service may include social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Brokerpedia or across the web, so please use Brokerpedia carefully and be mindful of your account settings. Brokerpedia has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify Brokerpedia by contacting us immediately and change your password as soon as possible.
Brokerpedia respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact Brokerpedia immediately. If Brokerpedia is notified by a copyright holder that any Content infringes a copyright, Brokerpedia may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Brokerpedia with a request to restore the removed content.
If you believe that any Content does not comply with our Agreements, please fill out our notice form or submit a ticket via LiveChat.
Brokerpedia will make reasonable efforts to keep the Brokerpedia Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Brokerpedia reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any function or functions and feature or features of the Brokerpedia Service, available or in development or proposed, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Brokerpedia Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Brokerpedia permanently discontinues prior to the end of the Pre-Paid, Brokerpedia will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Brokerpedia has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Brokerpedia and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Brokerpedia may, from time to time and in its sole discretion, establish a Brokerpedia account on behalf of a user who may be a company, organisation, entity, brand or any group of two or more individuals that conduct business under the same trading or business name (an “Aggregator”, and their related account an “Aggregator Account”). The terms “you” and “your”, as used throughout the Agreements, apply to both you and the Aggregator, as applicable.
If you open an Aggregator Account, you represent and warrant that you are authorised to grant all permissions and licences provided in the Agreements and to bind the Aggregator to the Agreements.
The Aggregator may allow others to use the Brokerpedia Software consistent with these Terms and any further terms which may be authorised by Brokerpedia, in writing, from time to time.
Brokerpedia may make available the Brokerpedia Community for Users. The Brokerpedia Community is a place for discussions and exchange of information, tips, and other materials related to the Brokerpedia Service, lending and financial services. In order to use the Brokerpedia Community, you must (1) have an existing Brokerpedia account; and (2) authenticate your Brokerpedia account for use on the Brokerpedia Community (a “Brokerpedia Community Account”). Instructions for creating a Brokerpedia Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the Brokerpedia Community Guidelines that you will be presented with upon registration (the “Community Guidelines”) when using the Brokerpedia Community. If you do not agree to the Agreements or the Community Guidelines, you may not use the Brokerpedia Community.
Contact Brokerpedia if you have queries. We will use reasonable endeavours to respond to all queries within a reasonable time frame, but we make no guarantees or warranties of any kind that any queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Brokerpedia’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Brokerpedia under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorisation from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
Paid Subscriptions can be purchased directly from Brokerpedia or through a third-party, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Brokerpedia Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a ‘Premium Service’, Trial, or Code online, you consent to get access to Brokerpedia ‘Premium Service’ immediately.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Brokerpedia will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through the ‘My Account’s’ page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you may be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements after the end of the current subscription period, we will not under any circumstances refund any subscription fees already paid to us.
If you have purchased your Paid Subscription through a third-party, your subscription is also subject to the terms of your agreement with that third-party (in addition to these Terms). To cancel your subscription, please go to Brokerpedia’s ‘My Account’s’ page.
Brokerpedia may change the price for the Premium Service, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Brokerpedia Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription from the Premium Service prior to the price change going into effect. To do this, please go to the ‘My Account’s page’. Please therefore make sure you read any such notification of price changes carefully.
The Agreements will continue to apply to you until terminated by either you or Brokerpedia. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Brokerpedia may terminate the Agreements or suspend your access to the Brokerpedia Service at any time at its sole discretion, including in the event of your actual or suspected unauthorised use of the Brokerpedia Service and/or Content, or non-compliance with the Agreements. If you or Brokerpedia terminate the Agreements, or if Brokerpedia suspends your access to the Brokerpedia Service, you agree that Brokerpedia shall have no liability or responsibility to you and Brokerpedia will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Brokerpedia account please contact Brokerpedia. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
All sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BROKERPEDIA SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BROKERPEDIA SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROKERPEDIA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER BROKERPEDIA NOR ANY OWNER OF CONTENT WARRANTS THAT THE BROKERPEDIA SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, BROKERPEDIA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY ON OR THROUGH THE BROKERPEDIA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT BROKERPEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD-PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE BROKERPEDIA SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BROKERPEDIA SHALL CREATE ANY WARRANTY ON BEHALF OF BROKERPEDIA IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
BROKERPEDIA USES ITS BEST ENDEAVOURS TO TRY AND ENSURE THAT THE INFORMATION PROVIDED ON THIS SERVICE IS ACCURATE AND UP TO DATE AS AT THE TIME THAT ANY PARTICULAR UPGRADE IS DISTRIBUTED. BROKERPEDIA IS RELIANT ON THIRD PARTY INFORMATION AND CANNOT GUARANTEE AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED IS ABSOLUTELY ACCURATE AND UP TO DATE. THE INFORMATION PROVIDED IS ‘AS IS’ AND ‘AS MADE AVAILABLE’ WITHOUT BROKERPEDIA CHECKING ITS ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK AND BROKERPEDIA DOES NOT PROVIDE ANY WARRANTIES FOR FITNESS FOR ANY PARTICULAR PURPOSE AND BROKERPEDIA IS NOT LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT YOU MAY INCUR. YOU SHOULD CONFIRM THE ACCURACY OF THE INFORMATION GIVEN BEFORE COMMITTING YOURSELF OR ANY CLIENT OF YOURS TO A TRANSACTION.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BROKERPEDIA SERVICE IS TO UNINSTALL ANY BROKERPEDIA SOFTWARE AND TO STOP USING THE BROKERPEDIA SERVICE. WHILE BROKERPEDIA ACCEPTS NO RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO BROKERPEDIA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BROKERPEDIA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE BROKERPEDIA SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BROKERPEDIA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BROKERPEDIA SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BROKERPEDIA DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Brokerpedia’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) may be intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Brokerpedia, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Brokerpedia only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Service and/or your possession and use of the App infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and Brokerpedia, the Agreements constitute all the terms and conditions agreed upon between you and Brokerpedia and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Brokerpedia Service may be governed by additional agreements. That could include, for example, access to the Brokerpedia Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Brokerpedia or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Brokerpedia’s or the applicable third-party beneficiary’s right to do so.
Brokerpedia may assign the Agreements or any part of them, and Brokerpedia may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third-party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Brokerpedia harmless from and against all damages, losses, and expenses of any kind (including reasonable lawyer fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Brokerpedia Service; and (4) your violation of any law or the rights of a third-party.
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales applicable to contracts made and to be performed wholly within such jurisdiction by residents of such jurisdictions. The parties irrevocably and unconditionally consent to the exclusive jurisdiction of, and venue in, the state and federal courts sitting in New South Wales. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing Party shall be entitled to recover its costs with interest, including reasonable lawyers’ fees and court costs.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BROKERPEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Brokerpedia agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you:
You and Brokerpedia agree that any dispute, claim, or controversy between you and Brokerpedia arising in connection with or relating in any way to these Agreements or to your relationship with Brokerpedia as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than litigation in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including lawyer fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
If you have any questions concerning the Brokerpedia Service or the Agreements, please contact Brokerpedia customer service by visiting the ‘About Us’ section of our website.
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This Agreement was last updated on September 2020.