You indicate acceptance of these terms of service by placing an order with Cwebhook. These terms will not be varied for individual customers.
In this Agreement the following words and expressions shall have the following meanings:-
Product specifications and details may be found at cwebhook.com. Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
The Customer wishes to utilise the Service at cwebhook.com
Cwebhook provides automated trading services as a software-as-a-service (SaaS), emphasising the importance of users conducting thorough research before engaging in trading activities. It's crucial to note that Cwebhook does not operate as a financial services company and does not offer financial advice or guarantee the suitability of its software or digital products for individual traders. Traders are encouraged to educate themselves and assess the risks involved in trading. Additionally, Cwebhook disclaims liability for any loss or damage resulting from reliance on the information provided on its website.
General terms:-
The website and use of the Service may be used for lawful purposes only, in particular the Customer agrees not to:-
All alterations and updates to the Customers data shall be made by the Customer using the online account management facility. The Customer will be issued with a password in order to access their account. The Customer must take all reasonable steps to maintain the confidentiality of this password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Cwebhook and the password must be changed.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Cwebhook shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Cwebhook and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Cwebhook arising out of any breach by the Customer of the terms of this Agreement.
The entire liability of Cwebhook to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Service, or product purchased under this Agreement in respect of which the breach has arisen. In no event shall Cwebhook be liable to the Customer for any loss of opportunity or loss of profits or loss of business or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Cwebhook had been made aware of the possibility of the Customer incurring such a loss.
This Agreement will become effective on the date the Service is ordered. A Customer may terminate their Service immediately at anytime and Cwebhook may terminate this agreement upon giving the Customer 30 days written notice. In addition either party may terminate this Agreement forthwith by notice in writing to the other if:-
On termination of this Agreement the Customer shall immediately cease using the Service and shall either return to Cwebhook or, at the option of Cwebhook, destroy any material in the Customer's possession or control which contains or embodies any confidential information of Cwebhook.
Each party acknowledges that it may have access to certain confidential information of the other party. A party's confidential information shall not be deemed to include information that: (a) is or becomes publicly known through no breach of this Agreement by the receiving party; (b) is received from a third party without breach of any obligation of confidentiality; or (c) is independently developed. Each party agrees to hold the other's confidential information in confidence and, unless required by law, not to make the other's confidential information available to any third party or to use the other's confidential information for any purpose other than the implementation of this Agreement.
Cwebhook are committed to protecting the privacy rights of individuals in accordance with the Data Protection Act 1998. Cwebhook will not pass on personal details to any third party without explicit consent except where obliged to do so by law. We may contact the Customer from time to time with information we feel may be of interest to them. If the Customer does not wish to be contacted in this way then the Customer may ask to be removed from future mailings by emailing [email protected].
This Agreement contains the entire agreement between the parties with respect to its subject matter and may not be modified except by written instrument signed by both parties. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
The Customer may not resell, assign, or transfer any of its rights hereunder without the prior written consent of Cwebhook. Any attempt to transfer or assign this Agreement without such consent shall be null and void.
No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
This Agreement will be governed and construed in accordance with the laws of England and Wales and the parties irrevocably agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought in a court of competent jurisdiction in England and Wales.
In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.