Terms and Conditions for use of Service
1. ACCEPTANCE OF TERMS
Welcome to gotradelive. Byronwilde Ltd provides the gotradelive service (defined
below). In these Terms and Conditions “you" means the individual using the
gotradelive service. Byronwilde and gotradelive mean Byronwilde Ltd.
and using the gotradelive service, you accept and agree to be bound by these
Terms and Conditions. In addition, when using the gotradelive service, you must
abide by any posted guidelines and rules that apply to the service. All such
guidelines and rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the Terms and Conditions. In most cases the
guidelines and rules are specific to your use of the service and will assist you
in applying the Terms and Conditions, but to the extent of any inconsistency
between the Terms and Conditions and any guideline or rule, the Terms and
Conditions will prevail.
2. DESCRIPTION OF SERVICE
provides you with a rich collection of resources which allow you to undertake
trading at the site gotradelive.com. The gotradelive service may include
advertisements and you acknowledge that these advertisements are necessary for
gotradelive to provide the service. The gotradelive service may include certain
communications from gotradelive, such as service announcements, administrative
messages and any service updates including amendments to the Terms and
Conditions, and these communications are considered part of the gotradelive
service and you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current
gotradelive services shall be subject to the Terms and Conditions.
The services are provided "AS IS"
and gotradelive is not responsible for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalisation settings.
consideration of your use of the gotradelive service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving the service under the laws of the United Kingdom or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the service registration form (the "Registration
Data"); and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or gotradelive has reasonable
grounds to suspect that this is so, gotradelive has the right to suspend or
terminate your account and refuse any current or future use of the service.
data and other information about you will be processed in accordance with our
ACCOUNT, PASSWORD AND SECURITY
receive a password and account designation upon completing the gotradelive
services registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to: (a)
immediately notify gotradelive of any unauthorised use of your password or
account and any other breach of security; and (b) ensure that you exit from your
account at the end of each session. gotradelive is not responsible for any loss
or damage arising from your failure to comply with this Section 5.
information, data, text, software, music, sound, photographs, graphics, video,
messages, tags and other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not gotradelive are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the gotradelive service. gotradelive does not control the
Content posted via the gotradelive service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. By using the gotradelive
services, you may be exposed to Content that is offensive, indecent or
objectionable. Although such content is posted in breach of these Terms and
Conditions, gotradelive is not responsible in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise transmitted via the gotradelive service.
You agree to
not use the gotradelive service to / for:
- upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
- harm minors in any way;
- impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with a person or
- forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content;
- upload, post, email, transmit or
otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under non-disclosure
- upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or
otherwise make available any unsolicited or unauthorised advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas that are designated for
- upload, post, email, transmit or
otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, damage, destroy or
limit the functionality of any computer software or hardware or
- interfere with or disrupt the
gotradelive service or servers or networks connected to the gotradelive service;
- intentionally or unintentionally
violate any applicable law or regulation including, but not limited to,
regulations promulgated by any securities exchange;
- "stalk" or otherwise harass
- Trade any weapons, including
military, nuclear, missile, chemical or bio weaponry; or
- Extract, collect, process, combine
or store personal data about other users unless for the purposes authorised and
agreed by your use of the gotradelive service.
has no obligation to monitor Content. gotradelive and its designees shall have
the right (but not the obligation) in their sole discretion to refuse, move or
remove any Content that is available via the gotradelive service that violates
the Terms and Conditions or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
that gotradelive may access, preserve, and disclose your account information and
Content; (a) for the purpose of properly administering your account in
accordance with the standard operating procedures of gotradelive or its
affiliated companies; and (c) if required to do so by law or in the good faith
belief that such access, preservation or disclosure is reasonably necessary to:
(i) comply with legal process; (ii) enforce the Terms and Conditions; (iii)
respond to claims that any Content violates the rights of third-parties; (iv)
respond to your requests for customer service; or (v) protect the rights,
property, or personal safety of gotradelive, its users and the public.
Any unauthorised reproduction, publication,
further distribution or public exhibition of the materials provided on the
gotradelive service, in whole or in part, is strictly prohibited.
RULES FOR INTERNATIONAL USE
the global nature of the Internet, you agree to comply with all local laws and
rules regarding online conduct and acceptable Content. Use of the gotradelive service and transfer, posting and uploading of software,
technology, and other technical data via the gotradelive service may be subject
to the export and import laws of the United
Kingdom, United States and other countries. You agree to
comply with all applicable export and import laws and regulations.
CONTENT POSTED TO GOTRADELIVE
does not claim ownership of Content you submit or make available for inclusion
on the gotradelive service. However, with respect to Content you submit or make
available on accessible areas of the gotradelive service, you grant to
gotradelive the following worldwide, royalty-free and non-exclusive licence(s),
respect to Content you elect to post for inclusion in gotradelive, the licence
to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the gotradelive service solely for the purposes of
providing and promoting the gotradelive service.
(b) With respect to photos, graphics, audio or video you submit or make available
for inclusion the gotradelive service, the licence to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the gotradelive service for the purpose for which such Content was submitted and
for the purpose of promoting the gotradelive service. This licence exists only
for as long as you elect to continue to include such Content on the gotradelive
service and will terminate at the time you remove or gotradelive removes such
Content from the gotradelive service.
solely responsible for any personal data or information that you choose to
disclose and make accessible via the gotradelive service, and that gotradelive
is not responsible in any way for the disclosure and public accessibility of
such personal data or information.
gotradelive may sell, license and/or display any advertising, attribution,
links, promotional and/or distribution rights in connection with your Content,
and gotradelive will be entitled to retain all revenue generated from any sales
or licences of such advertising, attribution, links, or promotional or
fullest extent permitted by applicable law, you agree to indemnify and hold
gotradelive and its subsidiaries, affiliates, officers, agents, licensors,
co-branders and other partners, and employees, harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of Content you submit, post to, transmit, modify or otherwise make
available through the gotradelive service, your use of the gotradelive service,
your connection to the gotradelive service, your violation of the Terms and
Conditions, or your violation of any rights of another.
11. NO RESALE OF SERVICE
not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion or use of or access to the gotradelive service
(including Content, advertisements, Software and your membership ID).
12. TERMINATING YOUR ACCOUNT
gotradelive may, without prior notice, immediately terminate, limit
your access to or suspend your account, any associated email address, and access
to the gotradelive service for the following reasons: including, but not be
limited to: (a) breaches or violations of the TOS or other incorporated
agreements or guidelines; (b) requests by law enforcement or other government
agencies; (c) unexpected technical or security issues or problems; (d)
engagement by you in fraudulent or illegal activities; (e) extended periods of
inactivity; and/or (f) non-payment of any fees owed by you in connection with
the gotradelive service. Further, you agree that all terminations, limitations
of access and suspensions for cause shall be made in gotradelive’s s sole
discretion and that gotradelive shall not be liable to you or any third party
for any termination of your account, or access to the gotradelive services.
13. GOTRADELIVE’S PROPRIETARY RIGHTS
gotradelive service and any necessary software used in connection with the
gotradelive service ("Software ") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. Content contained in advertisements or information presented to you
through the gotradelive service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly permitted by applicable law or authorised by gotradelive or the
applicable licensor (such as an advertiser), you agree not to modify, rent,
lease, loan, sell, distribute, transmit, broadcast, publicly perform or create
derivative works based on the gotradelive services, such Content or the
Software, in whole or in part.
grants you a personal, non-transferable and non-exclusive right and licence to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. The foregoing is subject to applicable
statute and other express law. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software You agree not to
access the service by any means other than through the interface that is
provided by gotradelive.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE GOTRADELIVE SERVICE
AND SOFTWARE ARE AT YOUR SOLE RISK. THE GOTRADELIVE SERVICE AND SOFTWARE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, GOTRADELIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL TERMS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND
SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- GOTRADELIVE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS DO NOT WARRANT OR REPRESENT THAT: (i) THE GOTRADELIVE
SERVICE AND SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GOTRADELIVE SERVICE
AND SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE GOTRADELIVE SERVICE AND SOFTWARE WILL MEET YOUR
15. LIMITATION OF LIABILITY
EXPRESSLY ACKNOWLEDGE AND AGREE THAT GOTRADELIVE AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOTRADELIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE GOTRADELIVE SERVICE OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
GOTRADELIVE SERVICE OR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE
GOTRADELIVE SERVICE OR SOFTWARE.
EXCLUSIONS AND LIMITATIONS
THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR
EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE
NEGLIGENCE OR FRAUD OF GOTRADELIVE.
that, except as otherwise expressly provided in these Terms and Conditions,
there shall be no third-party beneficiaries to this agreement.
Valid notice may be given to you by posting on the gotradelive site,
including any changes to these Terms and Conditions.
gotradelive’s trademarks, trade names, service marks, and other gotradelive
logos and brand features, and product and service names are trademarks and the
property of Byronwilde Ltd (the ” gotradelive Marks”). Without gotradelive’s
prior permission, you agree not to display or use in any manner, the gotradelive
TO THESE TERMS AND CONDITIONS
may update these Terms and Conditions in the future for various reasons,
including without limitation, to accommodate changes in the law, changes to our
services or gaps in our Terms and Conditions.
Entire Agreement. These Terms and Conditions
constitute the entire agreement between you and gotradelive and govern your use
of the gotradelive service, superceding any prior version of these Terms and
Choice of Law and Forum. Our
relationship, these Terms and Conditions and any non-contractual obligations
arising out of or in connection with it shall be governed by the laws of England. The
courts of England
have jurisdiction to settle any dispute arising out of or in connection with
these Terms and Conditions or any non-contractual obligation arising out of or
in connection with these Terms and Conditions.
22. CANCELLATION POLICY
Under English law you have the right to cancel your subscription or registration within seven working days of the commencement of your subscription. If this right is exercised any subscription fee paid will be refunded within 30 days. You should note that this right of cancellation is lost if you use any of the subscription services (including without limitation the ability to brand or remove advertising from any pages viewed). Accordingly you agree and understand that you may lose your right to cancel immediately if the service is used by you.
To cancel the subscription you select the option from within the billing section in your admin area. Your next monthly subscription payment shall be taken and not refunded where we receive your notice of cancellation less than six Business Days prior to the due date of payment of that subscription
Prize Draw terms and conditions:
1. Entry is open to individuals and businesses who register for a gotradelive.com
account online or any gotradelive promotional events between 15th November and 8th December 2011 inclusive. Individual persons entering this prize draw must be
aged 18 years or older. Any registrants not entering a valid promotional code are excluded from this Prize Draw.
2. Offer available to new registrants only. Existing or renewing registrants are not eligible for this offer.
3. Entrants (registrants) agree to be bound by these terms and conditions.
4. The 1st prize is £100 worth of Amazon.co.uk gift vouchers, plus 3 months free advertising on gotradelive.com.
4a. There are also 100's of runners’ up prizes, which are 3 months free advertising on gotradelive.com.
5. Entries will only be taken from registrants providing valid promotional codes between 15th November and 8th December 2011 inclusive.
6. The winning entry will be randomly selected on the evening of 8th December 2011.
7. The winner and all runners-up will be notified by email on 9th December 2011.
8. The name and county of the prize winner will be available after 9th December 2011 until 15th January 2012 to those sending a stamped addressed envelope
marked ‘Results of Amazon Prize Draw Promotion’ to gotradelive, GTL House, 21d Hurricane Way, Norwich, Norfolk, NR6 6EZ. United Kingdom.
9. The winner agrees to the publishing of their name for the purpose of publicity.
10. No other alternatives to the prize will be offered and the prize is not transferable.
11. The promoter is gotradelive.com (Byronwilde Limited), GTL House, 21d Hurricane Way, Norwich, Norfolk, NR6 6EZ. United Kingdom.
12. The decision of the promoter is final, and no correspondence will be entered into.
13. The prize will be provided by gotradelive.com (Byronwilde Limited), GTL House, 21d Hurricane Way, Norwich, Norfolk, NR6 6EZ. United Kingdom.
14. The £100 worth of amazon.co.uk gift vouchers will be provided to the winner on the 10th December 2011.
15. The promoter reserves the right in its sole discretion to disqualify any individual or business that corrupts or affects the administration,
security, fairness, integrity or proper conduct of this prize draw.
16. Employees of gotradelive.com (Byronwilde Limited) and agents, are not eligible for this prize draw.