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General Terms and Conditions

GENERAL TERMS AND CONDITIONS

OF

BrokerChooser Limited

THESE TERMS AND CONDITIONS ALONG WITH OTHER ANY OTHER TERMS INCLUDED AND/OR REFERRED TO HEREIN  CONTAIN IMPORTANT INFORMATION AND LEGAL FACTS WHICH WILL GOVERN OUR RELATIONSHIP WITH YOU SO PLEASE READ ALL OF THEM CAREFULLY BEFORE USING THIS SITE

  

EFFECTIVE DATE: 23 February 2022

 

  1. What’s in these terms?  

The following describes the general terms and conditions (the ‘Terms and Conditions’ or ‘T&Cs’) upon which BrokerChooser Limited (the ‘Company’ or ‘BrokerChooser’ or ‘We/we’) offers access to our Website found at https://brokerchooser.com/ (the ‘Website’). 

  1. Who are we and where to contact us?

The Website is operated by BrokerChooser Limited. We are a private limited company registered in Malta under company number C86950 and have our registered office at The Penthouse Suite 2, Level 4, Ewropa Business Centre, Triq Dun Karm, B’kara, BKR9034, Malta.

  • We are constantly working to improve our services, and all feedback matters. If you have something to tell us, please do so at [email protected].

  • With media, PR, content or marketing related questions and inquiries, please contact us at [email protected].

  • To get your review featured on our site or to discuss other business partnership opportunities, please visit our for businesses page or contact us at [email protected].

  1. Acceptance of the Terms and Conditions

By using our Website, you confirm that you have read, fully understood and accepted these Terms and Conditions and any other terms that may apply to you and your use of this Website as included and/or referred to herein and/or on the Website and that you agree to comply with all of them. If you do not agree to any of them, you must not use our Website. We recommend that you print a copy of these Terms and Conditions and any other terms that apply to you and your use of this Website as included and/or referred to herein and/or on the Website for future reference. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and Conditions and any other applicable terms, and that they comply with all of them.

  1. Other terms that may apply to you  

These Terms and Conditions refer to the following additional terms, which also apply to you and your use of our Website:

  • Our use of any personal data that you may provide via the Website will be governed by our ‘Privacy policy’ (which you can find here).

  • Our ‘Cookie Policy’ (which you can find here) sets out information about the cookies on our Website.

Our ‘Acceptable Use Policy’ (which you can find attached to these Terms and Conditions as Appendix 1 below) which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.

Please note that any additional terms mentioned and/or referred to within these Terms and Conditions and/or on the Website shall be deemed to be incorporated into and form an integral part of these Terms and Conditions.

  1. Changes to these Terms and Conditions

BrokerChooser expressly reserves the right to post changes to these Terms and Conditions and to any other terms that apply to you and your use of this Website as included and/or referred to herein or on this Website at any time. If we make any material changes, we will post the updated terms here, along with their effective date. Any such changes will become effective when posted on the Website. Every time you wish to use our Website, please check those documents to see when they were last updated to ensure you understand the terms that apply at that time. If any of the changes is not acceptable for you, you must stop your use of this Website.

  1. Changes to our Website

At our sole discretion, we may update and change our Website from time to time without advance notice or reason to reflect for example changes to our products, our users’ needs and our business priorities. BrokerChooser will use commercially reasonable endeavours to give reasonable notice of any material corrections or material changes to any Website content.

You expressly acknowledge and agree that we do not guarantee that our Website, or any data, material, content and/or information on it, will always be available or be uninterrupted and that BrokerChooser shall not be liable for any such feature not being accessible or for any unavailability of its Website and its services. You further expressly acknowledge and agree that we may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons in which case we will use commercially reasonable endeavours to give you reasonable notice of any such suspension or withdrawal. 

  1. Transferring this agreement to someone else

We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will use our best endeavours to ensure that the transfer will not affect your rights under the contract. You may not assign or delegate any or all of your rights or obligations under these Terms of Use.

  1. Licence to use Website content

We are the owner and/or the licensee of any and all intellectual property rights in our Website, any and all data, information, material and content available on the Website, any database operated by us, any proprietary software, algorithm utilised by us to enable you to use this Website (‘Software’) and the underlying source code. Furthermore, you expressly acknowledge and agree that all such data, information, material and content are protected by copyright, trademark, and other proprietary laws and treaties around the world. All such rights are reserved.

We grant you a limited personal and non-transferable licence to access, display, download, format and print portions of this Website content solely for your own personal non-commercial use. You expressly acknowledge and agree that this licence is conditional on your full and continuing compliance with these Terms and Conditions and any other terms that apply to you and your use of this Website as included and/or referred to herein and/or on the Website.

You may not reproduce, publish, translate, merge, sell, rent, distribute the data, information, material and/or content, or create a derivative work of such data, information, material and/or content on any other website or as part of any educational, training or reference materials. You may not frame or utilise framing techniques to enclose any data, information, material and/or  content on this Website.

You must not modify the paper or digital copies of any data, information, material and/or content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the data, information, material and/or content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our Website in breach of these Terms and Conditions and any other terms that apply to you and your use of this Website as included and/or referred to herein, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

No text or data mining, web scraping and other similar techniques

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes, but not limited to, using (or permitting, authorising or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, material, information or services accessed via the same.

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under Maltese laws. 

  1. No advice and no reliance 

All the data, material, content and/or information made available by BrokerChooser or any of its affiliates via the Website and/or other communication channels  are provided to you for information purposes only. Neither BrokerChooser nor any of its affiliates is making any recommendation or soliciting any action based on such data, material, content and/or information provided to you or making any offer, solicitation or recommendation to invest in / trade a particular financial instrument, commodity or any other asset or undertake or refrain from any course of action.

All the data, material, content and/or information made available by BrokerChooser or any of its affiliates is furnished to you with the express understanding that it does not constitute investment or any other advice and you will determine, by seeking your own independent professional advice, the economic risks and merits as well as the legal, tax and accounting consequences of taking or refraining from any course of action, adopting any investment strategy, investing in and/or trading any financial instrument, commodity or any other asset. Furthermore, neither BrokerChooser nor any of its affiliates provides any tax, accounting or legal advice either, hence if you require advice in relation to such matters, you should consult your respective tax, accounting or legal advisors. 

You expressly acknowledge and agree that it is also your responsibility (by seeking independent professional advice) to determine whether, how and to what extent your intended use of any data, material, content, information and/or services will be technically and legally possible in the areas of the world where you intend to use them.  

All the data, material, content and/or information made available by BrokerChooser or any of its affiliates is derived using various proprietary and non-proprietary sources deemed reliable by BrokerChooser and/or its affiliates. You expressly acknowledge and agree that although we make reasonable efforts and use reasonable care to update such data, material, content and/or information  we make no representations, warranties or guarantees, whether express or implied, that they are comprehensive, complete, accurate or up to date. In addition, the data, information and analysis contained in any material and/or content are based on professional judgement and may differ from the conclusions or analysis provided by other qualified professionals asked to perform similar analysis.

  1. User generated content on the Website

This Website may include information and materials uploaded by other users of the Website, including but not limited to bulletin boards, comments, chat rooms etc. Please note that this information and these materials have neither been verified nor approved by BrokerChooser. Please also note that the views expressed by other users on our Website do not represent our views or values.

 

If you wish to complain about any content uploaded by other users, please contact us via email in accordance with the provision of clause II of these Terms and Conditions 

 

  1. Limitation of Liability

If you are a consumer user:

  • Please note that we only provide our Website for domestic and private use. You expressly acknowledge and agree not to use our Website for any commercial or business purposes; 

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) the use of or inability to use our Website and/or (ii) the use of or reliance on any data, information, material and/or content displayed on our Website. In particular we exclude our liability for (i) any loss of profits, sales or revenue; (ii) any loss of business; (iii) any business interruption; (iv) any loss of anticipated savings; (v) any loss of business opportunity or (vi) any indirect or consequential loss or damage;

If you are a business user: 

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) the  use of, or inability to use, our site  and/or (ii) the use of or reliance on any content displayed on our site. In particular, we will not be liable for (i) any loss of profits, sales, business, or revenue; (ii) any business interruption; (iii) any loss of anticipated savings; (iv) any loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

Whether you are a consumer or a business user:

  • Please note that we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  1. Indemnification (for business users only)

If you are a business user, you agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of this Website or through your login details or otherwise, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

  1. Uploading content to our Website

Whenever you make use of a feature of our Website that allows you to upload data, information, material and/or content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy (attached as Appendix 1 below).

You warrant that any such contribution does comply with those standards, and you will be liable to BrokerChooser and indemnify BrokerChooser for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any data, information, material and/or content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your data, information, material and/or content, but you are required to grant BrokerChooser and other users of our site a limited licence to use, store and copy that data, information, material and/or content and to distribute and make it available to third parties. The rights you licence to Brokerchooser are described in clause XIV of these Terms and Conditions below.

You expressly acknowledge and agree that we also have the right to disclose your identity to any third party who is claiming that any data, information, material and/or content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. 

You expressly acknowledge and agree that we have the right to remove any such posting you make on our Website if, in our opinion, such posts do not comply with the content standards set out in our Acceptable Use Policy (attached as Appendix 1 below).

You expressly acknowledge and agree that you are solely responsible for securing and backing up your content.

Please note that we do not store any unlawful content on our Website. 

  1. Rights you are giving us to use the material you upload

When you upload or post any data, information, material and/or  content to our Website, you grant us the following rights to use such data, information, material and/or  content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media (including to promote the site or the service) which licence expires when you delete any such data, information, material and/or content from the Website;

  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners and/or advertisers to use such data, information, material and/or content in accordance with the functionality of the Website which also expires when you delete any such data, information, material and/or content from the Website.

  1. Viruses, bugs and misuse of our Website

You expressly acknowledge and agree that we do not guarantee that our Website will be secure or free from bugs or viruses.

You expressly acknowledge and agree that you are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

  1. Links to third party content

Where our Website contains links to other sites and resources provided by third parties (including but not limited to our partners and/or financial service providers etc.), these links are provided for your information only. Please note that such links should not be interpreted as approval by BrokerChooser of those linked websites or information you may obtain from them. Please also note that we have no control over the contents of those sites or resources and our liability ends when you click on these third parties’ links.

You expressly acknowledge and agree that any testimonials, opinions, advice, product or service offers, or other data, material, information and/or content made available on or through our Website by third parties (including but not limited to our partners and/or financial service providers etc.) (‘Third Party Content’) are solely those of  their respective providers and not of BrokerChooser which does not guarantee the accuracy, completeness, reliability or usefulness of any such Third Party Content. You expressly acknowledge and agree that it is your responsibility to evaluate Third Party Content and Brokerchooser shall not be liable for any damage or loss caused by your reliance on or other use of Third Party Content.

  1. Governing law and dispute resolution

Please note that these Terms and Conditions, their subject matter, their formation, their validity and/or enforceability are governed by Maltese law. You and we both agree that the ordinary courts of the Republic of Malta will have exclusive jurisdiction to settle any dispute which might arise between you and BrokerChooser with respect to these Terms and Conditions as well as their subject matter, formation, validity and/or enforceability.

  1. No fees for our services

Clarity and transparency are core values at BrokerChooser. That’s why we would like you to be aware of our partnerships. BrokerChooser believes that you have the right to get the best brokers and/or financial service providers based on their preferences. To achieve this goal, our opinions and recommendations are independent, unbiased, and driven by an in-depth and professional methodology.

We will not charge you any fees for using our Website, it is free to use for everyone. 

However, please note that we may receive commission from our partners when you: (a) click through to their website; or (b) purchase services from them. For a list of such partners please see our ‘Advertiser Disclosure’ on our Website (which you can find here).

  1. Miscellaneous

The headings in these Terms and Conditions are solely used for convenience only. 

Our delay or failure to exercise or enforce any right or provision of these Terms and Conditions does not mean that we cannot exercise or enforce that right or provision at a later date. 

We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control. 

Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership, or agency relationship between you and BrokerChooser, and neither you or BrokerChooser shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

APPENDIX 1

Acceptable Use Policy of BrokerChooser Limited

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS WEBSITE

  1. What's in this Acceptable Use Policy?

This Acceptable Use Policy sets out the content standards that apply when you upload content to our Website, make contact with other users on our Website, link to our Website, or interact with our Website in any other way.

You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests association, approval or endorsement on our part, if not exists. We may withdraw your permission to link at any time.

  1. Prohibited uses

You may not use our Website:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

  • In any way that is not fair and/or damage BrokerChooser’s reputation or take advantage of it.

  • To attempt to copy our data in order to reverse engineer any of our processes and/or any of our professional or proprietary methodologies. 

  • For the purpose of harming or attempting to harm minors in any way.

  • To bully, insult, intimidate or humiliate any person.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as specified below).

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • To upload terrorist content.

You also expressly agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our General Terms and Conditions.

  • Not to access without authority, interfere with, damage or disrupt:

  • any part of our Website;

  • any equipment or network on which our Website is stored;

  • any software used in the provision of our Website; or

  • any equipment or network or software owned or used by any third party.

  1. Interactive Services

We may provide interactive services on our Website including but not limited to chat rooms, bulletin boards, commenting etc.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. We do not store terrorist content.

  1. Content Standards

These content standards apply to any and all material which you contribute to our Website (‘Contribution’), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The content standards apply to each part of any Contribution as well as to its whole.

BrokerChooser will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • Be accurate (where it states facts).

  • Be genuinely held (where it states opinions).

  • Comply with the law applicable in Malta and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.

  • Be obscene, offensive, hateful or inflammatory.

  • Bully, insult, intimidate or humiliate.

  • Promote sexually explicit material.

  • Include child sexual abuse material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trademark of any other person.

  • Be unfair and/or damaging to BrokerChooser’s reputation in any way.

  • Be likely to deceive any person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal content or activity.

  • Be in contempt of court.

  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person.

  • Give the impression that the Contribution emanates from BrokerChooser, if this is not the case.

  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

  • Contain any advertising or promote any services or web links to other sites.

  1. Breach of this Acceptable Use Policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of these Terms and Conditions upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website.

  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

Author of this article

Gergely Korpos

Author of this article

Gergely is the co-founder and CPO of BrokerChooser. His aim is to make personal investing crystal clear for everybody. Gergely has 10 years of experience in the financial markets. He concluded thousands of trades as a commodity trader and equity portfolio manager.

Gergely Korpos

Co-founder, CPO

Gergely is the co-founder and CPO of BrokerChooser. His aim is to make personal investing crystal clear for everybody. Gergely has 10 years of experience in the financial markets. He concluded thousands of trades as a commodity trader and equity portfolio manager.

Everything you find on BrokerChooser is based on reliable data and unbiased information. We combine our 10+ years finance experience with readers feedback. Read more about our methodology

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