Terms of Use


Thank you for using MarketsMadeClear.com. Please read these Terms of Use, here on referred to as “Terms”, carefully, as they set out our and your legal rights and obligations in relation to the use of our Website and any of the services available through it. If you do not agree to these Terms, you must not use our Website regardless of whether or not you are a Registered User. If you register with our Website, we will ask you to expressly agree to these Terms but, in the absence of registration, your decision to continue use of this Website represents implicit acceptance of these Terms. 
 

(1) Definitions

In these Terms:

“Charges” means the subscription charges payable to MarketsMadeClear.com by the Subscriber in respect of the Subscription Services;

"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered, and including any application or right of application for such rights (including without limitation copyright and related rights, moral rights, registered and unregistered trademarks, patents, design rights and database rights);

"Registered User" means a person who has created an account with the Website;

"MarketsMadeClear.com Content" means financial news articles, blogs and other textual content that we write and publish for free on the Website, identified by being authored by either MarketsMadeClear.com or our staff;

“Subscription Service” means one of the paid-for data subscription services (“MarketsMadeClear.com Data”)

“Subscriber” means a Registered User who has subscribed to a Subscription Service;

“MarketsMadeClear.com Data” means data that we source from third party data suppliers and any intermediate algorithms and calculations that we undertake in respect of that data;

"Trial Period" means a period during which the Subscriber can access a Subscription Service without paying the Charges;

"Use" means any use whatsoever and includes, without limitation, viewing, storing, reproducing, displaying, publishing, distributing, broadcasting and/or creating derivative works;

"Website" means the website at www.marketsmadeclear.com

References in these Terms to "we" or "us" mean MarketsMadeClear.com, a trading name of Interactive Trading Group, a UK registered Limited Liability Company; and references in these Terms to "you" mean the person using the Website or holding a Registered User account with the Website.

 

(2) Licence

We or our licensors own the Intellectual Property Rights in the Website and material on the Website. You may view, download for caching purposes only, and print material from the Website, in each case for personal use only, and subject to the restrictions set out below. Save to the extent that you own (or are properly licensed by a third party to exercise) the relevant rights, you must not:

(a) republish or redistribute material from the Website (including republication or redistribution on another website or in any other format);

(b) sell, rent or sub-license material from the Website;

(c) edit or otherwise modify any material from the Website except in accordance with the Content Guidelines;

(d) make any charge in relation to or carry on by way of business any activities in relation to any material obtained from the Website; or

(e) show (whether for commercial purposes or not) any material from the Website in public.

You must not use any material from the Website for any improper or unlawful purpose or conduct any scraping, data mining or automated data collection in relation to the Website. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

(3) Restricted access

Access to certain areas of the Website is restricted to Registered Users and may be further restricted to Subscribers. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion. You must not use the login details or password of any other person to access restricted areas of the Website.
 

(4) Registered Users & Subscribers

In order to become a Registered User, you must create an account using the Website interface. Registered Users gain access to additional services and restricted areas on the Website.

Registered Users must not allow any other person to use their user ID and password, and they must ensure that that user ID and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user ID and password. 

We may alter or restrict the services and areas that Registered Users have access to, and/or delete any Registered User's account, in our sole discretion without notice or explanation.

 

(5) Our warranties

You acknowledge that the Website and the material on the Website may be changed from time to time without notice. As we provide MarketsMadeClear.com Content as a free service to all our users, we offer no warranties in respect of the preparation and publication of this content. Where we provide MarketsMadeClear.com Data as part of a paid Subscription Service, we warrant the we will take reasonable care in respect of ensuring the accuracy of that MarketsMadeClear.com Data (by ensuring that the underlying data is sourced from a reputable provider), and that we will use reasonable care and skill in the provision of the Subscription Service. If we are notified of a possible error in relation to the MarketsMadeClear.com Data, we will endeavour to notify our supplier of this issue, although we cannot be certain that they will be willing to correct the error identified.

Notwithstanding the warranties above, MarketsMadeClear.com is not authorised to give investment advice and nothing on the Website should be interpreted as MarketsMadeClear.com seeking to offer such advice. MarketsMadeClear.com Content and MarketsMadeClear.com Data, is provided ‘as is’ and may contain errors or inaccuracies. Use of MarketsMadeClear.com Content and MarketsMadeClear.com Data, is solely at the Subscriber’s risk.

Subscriber acknowledges that the use and interpretation of the MarketsMadeClear.com Data, and any data analysis tools provided as part of the Subscription Service requires skill and judgement. Subscribers shall at all times exercise their own skill and judgement in the Use and interpretation of the Subscription Service and shall be solely responsible for the purposes for which it is used and for all opinions, recommendations, forecasts and other comments made or action taken by Subscribers based wholly or partly on the MarketsMadeClear.com Data and/or data analysis tools.

Subject to the warranty given above in respect of the paid-for Subscription Service:

(a) we do not warrant the completeness, veracity, bona fides or accuracy of the material on the Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date;

(b) we do not grant to you any warranties or make any representations relating to the Website or your Use of the Website, and to the fullest extent permitted by applicable law we exclude all warranties and representations.

 

(6) Indemnity

You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.
 

(7) Financial disclaimer

Our Website is a financial data and content aggregator. MarketsMadeClear.com is not a broker/dealer, we are not an investment advisor, we have no access to non-public information, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority.

We are an educational Website for analysing, learning and generic information related to financial markets, investments and strategies. No content on the site constitutes - or should be understood as constituting - a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our site content. We do not provide personalised recommendations or views as to whether an investment approach is suited to the financial needs of a specific individual.

Where we present MarketsMadeClear.com Data via tables and charts, the results should only be used as guidance for further research, not as a buy or sell list or set of recommendations. MarketsMadeClear.com Data may help to narrow a search based on pre-defined criteria but it is not a substitute for independent research reflecting your individual criteria for investing/trading.

MarketsMadeClear.com Content and MarketsMadeClear.com Data is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our Website and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any arrangements between you and any third party contacted via the Website are at your sole risk.

Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information.

We do not warrant that our Website complies with the applicable laws or regulations of any particular jurisdiction outside the UK. Accordingly, if it is prohibited to make information provided on this Website or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Website or any part thereof is not directed at you.

You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to access our Website and, in particular, able to lawfully receive any document which contains links or allows you access to other websites in the country from where you are accessing MarketsMadeClear.com Content.

We would like to draw your attention to the following important investment warnings: i) the value of any investment and the income derived from them can go down as well as up; ii) investors may not get back the amount they invested; and iii) past performance is not necessarily a guide to future performance.

 

(8) General disclaimer

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these Terms, your Use of the Subscription Service or in connection with the Website, whether arising in tort, contract, or otherwise.

Without limiting the generality of the exclusion of liability above, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms, your Use of the Subscription Service or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event that is beyond our reasonable control.

 

(9) Third party websites

The Website includes links to other websites. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
 

(10) Trade marks

MarketsMadeClear.com and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
 

(11) Term & Termination

Without prejudice to our other rights under these Terms, if you (including for the avoidance of doubt Registered Users and Subscribers) breach any of these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may: (a) delete, move or edit any of your User Content;

(b) send you one or more formal warnings;

(c) temporarily suspend your access to the Website and/or the Subscription Service;

(d) delete your account;

(e) permanently prohibit you from using the Website and/or the Subscription Service;

(f) block computers using your IP address from accessing the Website;

(g) contact your internet services provider and request that they block your access to the Website; and/or

(h) bring court proceeding against you for breach of contract or otherwise.

Where we suspend or prohibit or block your access to the Website, part of the Website, and/or the Subscription Service, you must not take any action to circumvent such suspension or prohibition or block (including without limitation using a different account).

 

(12) Subscription Trial Period

The duration of any Trial Period shall be as specified on the Website. Use of the Subscription Service shall be free of charge during the Trial Period. 

The duration of any trial period can be extended by the registered user if they so wish by inviting others to try our service. Invites can be sent via the website, for every invite sent a registered user shall receive one additional day up to a maximum of ten days. Any registered user who is suspected of sending unsolicited invites or knowingly sending invites to bogus addresses will have their trial cancelled and be blocked from future use of our Website.

After the Trial Period expires or at any point during your trial, a registered user can sign up for any of our Subscription Services. This can be done via our Website.

You may only have one Trial Period. Should we identify that you have already made use of a Free Trial Period with the Subscription Service, we will terminate your trial period.

 

(13) Charges

The Subscriber agrees to pay the Charges applicable to the Data plan which they have selected as detailed on the Website and updated from time to time. 

Without prejudice to its rights to recover the sums outstanding from the Subscriber, should MarketsMadeClear.com not be able to withdraw any part of the Charges from the Subscriber’s credit or debit card, MarketsMadeClear.com reserves the right to:

1) suspend access to the Subscription Service; or

2) terminate this agreement to access the Subscription Service.

 

(14) Refund / Cancellation

At the end of each subscription period, a subscription will continue to automatically renew at the prevailing fee rate applicable to the Data plan which has been selected by the Subscriber, unless terminated by us or until the Subscriber notifies us of their decision to cancel their subscription to the Services.

Either party may terminate this agreement to access the Subscription Service, which in the case of the Subscriber may be communicated to Marketsmadeclear.com by the Subscriber unsubscribing on the Website. 

One-Month Subscription. A Subscription having a one-month Term may be terminated anytime without any cancellation fee. Following termination by the Subscriber, the Subscriber will be entitled to use the service until the end of that billing period. The Subscriber shall not be entitled to any refund of charges it has already paid to Marketsmadeclear.com.

 

(15) Cooling Off Period

Under Regulation 10 of the Consumer Protection Regulations 2000, you might otherwise have the right to cancel the agreement to access the Subscription Service without charge for seven working days after the day this Agreement has been concluded. However, when you successfully complete your order for our Subscription Service, you agree that the Product is immediately available to you (i.e. before the end of that cancellation period) and that we have therefore immediately commenced provision of the services for the purposes of the Regulations. As the services are provided at your request, you lose your right to cancel under the Regulations. It is only on the basis of this understanding that we are willing to offer you the free Subscription Trial Period outlined above.

Any Billing Assistance will be conducted by email (info [at] Marketsmadeclear.com). Our customer service centre will be open business days and hours Monday to Friday and closed on weekends.

 

(16) Beta Access

All of our data subscription offer will remain in "beta" until we indicate otherwise. From time to time, Marketsmadeclear.com may also offer you access to certain new features of the Website as a "beta user". If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify Marketsmadeclear.com of any bugs you may find, where possible. 
 

(17) General

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and any such invalid or unenforceable provisions will be deemed omitted. No waiver of any provision of these Terms by us, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms. These Terms are for the benefit of us and our users and are not intended to benefit, or be enforceable by, any other person. Any termination, rescission, amendment, variation, waiver or settlement under these Terms will not be subject to the consent of any third party.
 

(18) Information

The Website is owned and operated by Interactive Trading Group Ltd. Our registered office address is at Interactive Trading Group Ltd, 35 Shannaragh Road, Dromore, Co Tyrone, BT78 3EJ, Northern Ireland. Our company registration number is NI620423. If you wish to contact us, please email us via info [at] Marketsmadeclear.com, call us on 02890 918270, or write to us at this address.

You should print a copy of these Terms for future reference. We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the Website in future. These Terms are available in the English language only.


Version 1.1 - 4 April 2015