Terms and Conditions of Service
Permission to use any OVI Traders services (comprising the software,
screeners, the data which it retrieves, testing components, publishing,
education, and related documentation by FlagTrader.com Ltd) is conditional
on you agreeing to the OVI Traders Licence Terms.
To use OVI Traders you will agree to be bound by the OVI Traders Licence
Terms which are duplicated below. Access to OVI Traders services will be
denied if you do not agree to be bound by the OVI Traders License Terms.
Licence Terms
1. About these Terms of Service and your agreement
1.1 These Terms of Service for OVI Traders (“Terms of Service”) are the
general terms and conditions on which we supply OVI Traders services to
you.
1.2 These Terms of Service are our Standard Form of Agreement, which, along
with any other terms that you agree to are binding on you and us. This
Standard Form of Agreement is available on our website at
www.ovitraders.com or on request from our support team.
1.3 Your agreement with us is made up of these Terms of Service and other
terms contained in the documents we produce, including our periodically
updated Price Guide and Services Guide, and any application or agreement
forms you sign.
1.4 When we say:
(a) ‘we’, ‘us’ or ‘our’, we mean FlagTrader.com Ltd and affiliated
companies, which operate under the name “OVI Traders”;
(b) ‘you’ or ‘your’ we mean you, our customer; and
(c) ‘agreement’ we mean your agreements with us for the supply of any OVI
Traders services.
(d) ‘OVI Traders’ or ‘service’ or ‘services’ we mean all the services that
we provide to you. Including, but not limited to, Software, Data,
Education, Web Portals, Mathematical Models, Consultations, Mentorships,
and Factual Quantitative Reports.
1.5 We have also set out in Section 15 some useful definitions of words we
use in these Terms and Conditions.
1.6 Your agreement for each Service we provide you commences from the date
of purchase, a copy of which is available via the web portal we provide to
you.
1.7 Your agreement is personal to you. Unless we give you written consent,
you remain responsible for complying with your agreement and you may not
pass any of your rights or responsibilities to anyone else.
1.8 In addition to your other obligations under these Terms of Service, you
agree and acknowledge that:
(a) you have not relied on our skill, judgment, or any representation in
deciding whether any of our Services is fit for a particular purpose;
(b) you have not relied on any representation made by us that the services
will be free of interruptions or faults;
(c) you are responsible for making your own assessment of whether you need
continuous fault free service;
(d) the services are not supplied for the purposes of, and are not suitable
for, supporting any application or use which needs continuous fault free
service.
(e) You are responsible for making your own investment decisions.
(f) You understand that trading financial products involves considerable
risk and that we have not, and will not provide any trading advice to you.
2. Minimum term of your service agreement
2.1 If you are purchasing an OVI Traders service under a payment plan
(which bundles the particular program, data and service into a monthly
price), your Minimum Term will be listed on the contract agreement which
must be signed and returned before you receive access to OVI Traders. The
length of the Minimum Term will be discussed with you directly before it is
processed by the OVI Traders client services team.
2.2 If you are purchasing your perpetual licence of the OVI Traders program
for a higher upfront fee, you do not have a Minimum Term.
2.3 You agree to remain connected to OVI Traders for the duration of the
Minimum Term. You may end your Agreement during the Minimum Term only in
accordance with Section 11, which includes payment of a Cancellation Fee
and all Charges.
2.4 If there is no Minimum Term, or your Minimum Term has expired, we will
supply you with the service for consecutive periods of 30 days (monthly
subscription) or 90 days (quarterly subscription) or 365 days (annual
subscription) until either you or we choose to end your Agreement in any of
the permitted ways set out in Section 11.
3. Variations to your agreement and Charges
3.1 We may vary any of the terms of this agreement, including our Price and
Services Guide at any time. We will give you as much notice as possible of
any variation. All prices are quoted net of applicable taxes to be added.
These changes will apply from the date we specify.
3.2 When you subscribed to a service, you chose a particular price plan
from an offer. You may from time to time be made aware of different payment
schedules that might be more suitable for you.
3.3 If any variation by us would cause detriment to you, we will give you
reasonable notice usually by an email to your nominated email address. It
is your responsibility to ensure that we have your current contact details.
4. What we will provide to you
Services
4.1 Once you are connected, we will take reasonable steps to make the
services available to you at all times.
Limitations to the service
4.2 The service is only available where suitable access to the Internet is
available. It is your responsibility to ensure that you have a suitable
Internet connection for use of the service. You must also ensure that the
services are not blocked by Firewalls and/or anti-virus software.
4. 2. 1 Where a service requires the use of third party software (such as a
data provider) we accept no liability from any outages encountered by the
third party software, including those caused by any updates or
modifications to our services.
4.3 The quality and availability of the services may sometimes be affected
or disrupted by factors outside our control such as interruptions to
Internet services from other carriers and content providers, lack of
capacity and faults in other telecommunications networks to which the
network is connected.
4.4 We may change or withdraw some or part of the service from time to
time. This may be because of changing technologies, obsolescence, new or
different features or functionality, changing content providers and the
need to remove, replace or modify content.
4.5 Networks and the service may also require upgrading, modification,
maintenance, repair and other works from time to time. This may result in
some or all of the service becoming temporarily unavailable.
4.6 When subscribing to an OVI Traders service, access to data is subject
to an active subscription. If your subscription lapses or is cancelled,
access to the data will end as will the support for data access.
4.7 Hardware: Your computer must meet the minimum requirements as set out
on our website. In particular you must have a PC with one of the supported
graphics cards. Our aim is to make our applications usable across all types
of devices including computers, tablets and smart phones. As such, there
may be ongoing improvements and changes to facilitate this type of usage.
4.8 All annual subscriptions will renew automatically unless cancelled
before the renewal date. Subscription renewals will be processed against
the existing credit card we have on file. Where credit card is not the
selected payment method, or the cards details have expired, it is your
responsibility to renew the subscription manually in your user area or
contact our support team. An email will be sent to you 2 weeks from the
renewal date, if any action is required to continue the subscription
instructions will be provided in the email.
5. OVI Traders Software Licence Terms:
5.1 OVI Traders services are provided to you on the basis of a
non-exclusive and non-transferable licence or your own personal use only on
a single computer accessible by only one user at a time. The licence
commences on payment of the licence fee and continues while licence fees
are being paid or unless terminated by notice from FlagTrader.com Ltd
trading as OVI Traders.
5.2 Licence restrictions: You will not sell, loan, rent, transfer or
sub-licence OVI Traders or your rights under these Licence Terms without
the prior written consent of FlagTrader.com Ltd. You will not allow access
to any OVI Traders services by multiple users at any one time through
networking arrangements or otherwise. You will not use any OVI Traders
services other than for your own personal use. To protect FlagTrader.com
Ltd’s intellectual property rights in any OVI Traders services you will
not, and will not allow or cause a third party, to decompile, disassemble,
reverse engineer, copy or modify any OVI Traders services or use the whole
or any part of OVI Traders services to assist in the development of a
similar or competitive product or otherwise use OVI Traders services except
as provided in these Licence Terms. You will take appropriate measures to
prevent unauthorised use or access to any OVI Traders services.
6. Support Services
6.1 Support for third party programs such as Firewalls, spam filters, etc
are not covered. If our client services technician identifies that a
problem is caused by a third party program it is your responsibility to
resolve this issue before any additional support can be offered.
6.2 Support will not be available if your computer does not meet the
minimum system requirements for the OVI Traders program you have installed.
6.3 While every effort is made to ensure emailed notifications are not
intercepted by SPAM filters, we are not responsible for any delays caused
by such email filtering programs.
6.4 Support will be during the hours indicated on the Contact Us page of
our website, however these times are subject to change without notice.
6.5 Remote Support Sessions (Remote Support Sessions involve a client
services member connecting to your PC via an internet connection and taking
control of the system) generally require a broadband internet connection to
function correctly. While remote supports may be attempted on slower
connections, it is up to the support person’s discretion.
6.6 Financial advice is NOT covered by any of our support services,
consultations or mentorships under any circumstances. OVI Traders services
are purely based on education and idea generation according to our
particular methods. If your query is to do with the mechanics of trading
please seek advice from your broker.
6.7 Abusive contact (including those that contain foul language) will be
deleted or disconnected, with a warning sent. Repeat offenders will have
access to any OVI Traders support services blocked from our system. Abusive
phone calls will not be tolerated. All support team members may terminate
abusive contact at their discretion.
6.8 We reserve the right to record any telephone calls placed with our
support or sales staff. If you do not wish the conversation to be recorded
please inform the operator at the start of the call so alternative support
/ sales arrangements can be provided.
7. Your Obligations
Up to date payments
7.1 You must keep up to date with any subscriptions services on your
account.
7.2 Your subscription will normally be made monthly, quarterly or annually
in advance. Our prices are typically quoted net of appropriate sales taxes
for your region.
7.3 Payment is required in advance.
7.4 We reserve the right to introduce a fee for paying your account using a
credit card. If we introduce such a fee we will provide you with sufficient
notice of the fee and the date from which it will apply.
7.5 If you fail to keep up with your subscription, you will be in breach of
your Agreement and we may suspend your service.
7.6 Unless otherwise stated for specific offers, FlagTrader.com Ltd
operates a 30-day money back guarantee in respect of physical DVD purchases
only. By returning the DVDs you will no longer have access to paid areas of
the OVI Traders services. Those quarterly subscribers who wish to terminate
this Agreement may do so by giving a MINIMUM 1 month advanced notice in
writing (including email to support@ovitraders.com) stating
your USERNAME and PASSWORD. FlagTrader.com Ltd reserves the right to retain
the quarterly fees due in respect of previous quarter's membership. In any
case our refund policy is at the discretion of management.
7.7 Ordinarily we will accept payment of charges by credit card, but we
reserve the right to refuse any payment method if we have reasonable cause
to believe such payment will be dishonoured. You must pay all bank or
credit card fees or charges where applicable. We reserve the right to
require you to pay by direct deposit, credit card or periodic debit/payment
authority at any time and may require immediate deposit or payment.
7.8 By applying for any OVI Traders services, you undertake to provide your
correct name, email, address and all other factual information. You agree
that:
(a) if the account is in your name as an individual, even where you have
also nominated a business name, you have full contractual capacity to agree
to the Agreement and are able to pay the Charges; or
(b) if an account is established in the name of a company, the person that
has opened the account on behalf of the company is duly authorised to bind
the company to the Agreement.
Responsible use of the services
7.9 You may only use the services:
(a) as stated in your Agreement; and
(b) for your own personal use. This means you must not resell or
commercially exploit any of the software, services, content, or any
education that we provide.
7.10 You must not use the services, or allow anyone else to use the
services, for illegal or improper uses. For example:
(a) for fraudulent, criminal or other activities in breach of any law
(including without limitation, any law at any place where the communication
or transmission was sent, viewed or received);
(b) in any way which breaches another person’s rights, including copyright
or other intellectual property rights;
(c) to copy, store, modify, republish or redistribute the services or
content, except where we give you express permission;
(d) in any way which breaches any security or other safeguards or in any
other way which harms or interferes with the services or our Networks;
7.11 You must always co-operate with us and follow our reasonable
instructions to ensure the proper use and security of your Services and
Account. Fair use policy may apply.
7.12 Your use of any of the services that are provided free of charge or on
a subscription basis is subject to our fair use policy. Under that policy
you must use the services within reasonable limits.
7.12.1 Use of automated scraping or macros to extract content or data from
any OVI Traders service is strictly forbidden and may result in immediate
termination.
7.13 In the event a problem is encountered with any OVI Traders service we
will provide all support resources needed to have the matter resolved
within a reasonable time frame. Where a programming change is required, the
matter will be considered and issued a priority level on a case by case
basis. In these circumstances we can provide no guarantee with regards to a
release date for the update, however we will keep you informed on all
progress.
7.13.1 In the event further information is required you must provide all
information requested by our staff, which may include remote access at a
mutually agreed upon time. We accept no liability for delays that may
result from non-compliance with regards to information requests.
8. Complaints and Privacy Complaints
8.1 If you are unhappy about any aspect of the services or any product, you
may contact our support team. We will investigate any complaint in
accordance with our complaint handling policy.
Privacy Policy
8.2 You are entitled to ensure that we only use your personal information
in accordance with your agreement and our Privacy Policy. Our Privacy
Policy will not conflict with our obligations under law.
8.3 You agree that in accordance with our Privacy Policy:
(a) we may collect information about the way you use the services, your
preferences, your location when using the services, while you use the
services;
(b) we may use your information to create and maintain your account,
provide you with the services, enable you to communicate with our support
team, collect your payments and prevent fraud and improper use;
(c) we may send you information about the services, including special
promotions unless you tell us otherwise;
(d) calls between you and our support team may be monitored and recorded by
us for training, quality and contractual purposes.
8.4 Our data collection is limited to data you have provided us, your
computer specifications and statistics from our servers, and your use of
our service.
8.5 Our Privacy Policy applies to you and is available on our website or
from our support team.
8.6 Trials of OVI Traders services may be offered to allow for a detailed
review of the programs capabilities and to consider its suitability for
your requirements. For this reason, refund requests will only be considered
by management if:
(a) There is a critical flaw within an OVI Traders service which is not
related to your particular system; and
(b) The issue has not been resolved within a reasonable amount of time; and
(c) Sections 7.13 and 7.13.1 of this agreement have been complied with.
Any refund request falling outside of the above terms will be considered
under the consumer protection guidelines specified in your jurisdiction at
the time OVI Traders was purchased, and covered in Section 7.6 herein.
8.7 We may collect statistical data on the features of the services that
you access. This helps our planning for further development and notifying
users in the event of any technical issues with a feature.
8.8 Cookies:
A cookie is a data file that certain websites write to your computer's hard
drive when you visit such sites. A cookie file can contain information,
such as a user identification code, that the site uses to track the pages
you have visited. FlagTrader.com Ltd uses cookies solely to track user
traffic patterns throughout our websites and to allow you access to "member
only" sections of the sites. We use this data on a strictly anonymous basis
and we do not correlate this information with personal data of any user.
Most website browsers automatically accept cookies, but you can usually
change your browser settings to display a warning before accepting a
cookie, or to refuse all cookies. However, if you choose to disable the
receipt of cookies from our website, you may not be able to use certain
features of the site.
9. Our Intellectual Property Rights
9.1 All rights, including copyright, in the services belong to us or our
licensed partners, such as data exchanges or Indicator providers.
9.2 Any trademark and other related images, logos and names on services are
proprietary marks of our group of companies.
10. Cooling Off Period
10.1 As FlagTrader.com Ltd, trading as OVI Traders, does not utilise any
cold calling or door to door sales techniques, a cooling off period is not
offered for any purchases of OVI Traders products or services. If in doubt
a monthly subscription option may be available for the particular service
you are considering.
11. Cancelling a subscription service
11.1 Your right to cancel a subscription service
(a) You may cancel a subscription service at any time by:
(i) giving us 30 days written notice, sending the request as a support
ticket (please note that you are required to give us this notice if you do
not wish to continue to use the service, even after the end of the minimum
term of a fixed-length agreement, otherwise we will continue to supply the
service to you).
(ii) giving us notice, if:
(A) we breach a material term of the agreement and we cannot remedy that
breach, including where there is a significant and sustained loss of access
to, or use of, the service and the loss was not as a result of
circumstances reasonably attributable to you or equipment not owned by us;
or
(B) any intervening event prevents the supply of the service in accordance
with the agreement for more than 30 days.
11.2 Our right to cancel the service – non fixed-length agreement.
(a) If the agreement is a non-fixed-length agreement, we may cancel the
service at any time by giving you at least 30 days’ notice.
11.3 Our right to cancel the service – non-fixed-length agreement and
fixed-length agreement
(a) We may cancel the service at any time, if:
(i) we reasonably suspect fraud by you or any other person in connection
with the service supplied to you;
(ii) any amount owing to us in respect of the service (which is not the
subject of a valid dispute) is not paid by its due date and we give you
notice requiring payment of that amount and you fail to pay that amount in
full within ten (10) business days after we give you that notice, unless
otherwise set out in the agreement;
(iii) we reasonably consider you a credit risk because you have not paid
amounts owing to us or any related corporation (which is not the subject of
a valid dispute) in respect of any service by its due date and you are
given notice requiring payment of that amount by that related corporation
and you fail to pay that amount in full within the required period;
(iv) you breach a material term of the agreement;
(v) we are required to do so to comply with an order, instruction, request
or notice of a regulator, an emergency services organisation, any other
competent authority or by authorisation of or under law or under any
industry codes;
(vi) you suffer an insolvency event and we reasonably believe we are
unlikely to receive payment for amounts due;
(vii) you die or if you are a partnership and the partnership is dissolved
or an application is made to dissolve the partnership, and we reasonably
believe we are unlikely to receive payment for amounts due;
(viii) any intervening event prevents the supply of the service in
accordance with the agreement for more than 14 days;
(ix) we are otherwise entitled to do so under the agreement;
(x) we have evidence you are attempting to circumvent the OVI Traders
Security System;
(xi) the program or service is deemed obsolete with any hardware required
to access the program or service is retired.
(b) We may cancel the service under paragraph (a) above as soon as we give
you notice, unless otherwise set out in the agreement. We will give you as
much prior notice as we reasonably can before we cancel the service.
However, we may cancel the service immediately if we see cause to do so.
11.4 Multiple services
If you have more than one service with us and you are in breach of your
agreement under any service, we have the right to cancel all of your
services if the breach is not rectified and if there are reasonable grounds
for us to believe your continued use of that service represents a risk to
us.
11.5 How can you cancel the service?
(a) You can ask us to cancel the service by submitting a support ticket.
(b) Your request to cancel the service may be sent in writing to the
support team or, by submitting a ticket. Please note the cancellation is
not deemed to take effect unless you receive a confirmation the account has
been cancelled.
11.6 When will the service be cancelled?
The service will be cancelled on the cancellation date. You will not be
able to use the service after the cancellation date.
11.7 What happens when the service is cancelled?
(a) The agreement terminates when the service is cancelled.
(b) If the service is cancelled:
(i) you are liable for any charges incurred (including the cancellation
fee) up to, and including, the cancellation date.
(ii) you authorise us to apply any over payment on your account and/or
money that you have paid in advance for the service which is being
cancelled to pay for any undisputed outstanding charges (including the
cancellation fee, if any),
(iii) if you are required under the service description to pay for the
service, you authorise us to debit any undisputed outstanding charges
(including any cancellation fee, if any) from your credit card.
(c) If you wish to reinstate the service you should contact our support
team at support@ovitraders.com.
12. Limits on our Liability
12.1 All of our obligations to you relating to the services are set out in
your Agreement and, except as otherwise set out in this Section 12:
(a) all other terms, conditions and warranties relating to the services are
excluded;
(b) we will have no liability to you for anything that we or anyone who
works for us does or does not do; and
(c) we and our content providers are not liable to you in any way for any
loss, damage including special, indirect or consequential damages, claims
or costs of any kind including but not limited to any loss of income,
business or profits or loss or corruption of personal information or data,
sustained and arising out of or in connection with use of the services.
12.2 Nothing in your Agreement removes or limits our liability for death or
personal injury caused by our negligence, our fraud or for anything that we
cannot limit or exclude by law. Your statutory rights are not affected.
12.3 If legislation implies warranties or conditions which cannot be
excluded, restricted or modified, to the extent that we are entitled, our
liability will be limited at our option to: the supply of the services
again.
12.4 We will strive to ensure the accuracy, quality and timely delivery of
the services, however:
(a) we and our content providers will not be responsible for any fault,
inaccuracy, omission, delay or any other fault in the services or content,
for any reason (including without limitation) where it is due to the fault
of us, a content provider or other carrier; and
(b) we, other carriers and our content providers do not make any
representations as to the accuracy, comprehensiveness, completeness,
quality, fault or interruption free nature, compatibility, security or
fitness for purpose of the services or content.
(c) data generated by OVI Traders servers is available at the discretion of
OVI Traders. Any ancillary codes can be adjusted, added or removed from an
Exchange at any time without warning.
12.5 In providing you with access to any of the services or content,
neither we nor our content providers are providing you with any advice of
any nature, including, without limitation, investment advice. In respect of
any services or content containing investment information, we are not
communicating invitations or inducements to enter into investment
agreements.
12.6 You agree to indemnify us, our employees, officers and any other
carrier or content provider against all loss, damage, liability and
expenses of any kind incurred by us or them as a result of or in relation
to any claim made or legal proceedings including (without limitation)
claims for breach of copyright, breach of confidence, defamation, theft,
conversion, and/or obscenity brought against us or them in relation to use
of the services by you or any other person using the services.
Matters beyond our control
12.7 We will not be liable to you if we cannot carry out our obligations,
or provide the services, because of something beyond our control.
12.8 The items contained in Section 12 will apply even after your Agreement
has ended.
12.9 We will not be liable in contract or in tort (including negligence) or
otherwise for any loss or damage (including indirect or consequential loss
or damage) however caused, which may be suffered, or incurred or which may
arise directly or indirectly in respect of the use of, or inability to use
any of the OVI Traders services.
13. Notices
13.1 We will consider you have received information from us if it is
included on our website or if it is directly communicated to you by phone,
message, email or mail using your most recent contact details given to us.
14. Other Terms
14.1 Your Agreement is the entire agreement between us and you and
supersedes all other representations made to you including (without
limitation) any oral or written representations about the services or the
charges.
14.2 Your Agreement is governed by the laws of England and Wales.
14.3 If any of the terms in your Agreement are not valid or legally
enforceable, the other terms will not be affected. We may replace any term
that is not legally effective with a similar term that is.
14.4 We may assign or transfer our rights and obligations under your
Agreement to a party who agrees to continue complying with our obligations
under your Agreement.
14.5 “OVI Traders” is a trade mark owned by FlagTrader.com Ltd. Our
registered office is at 133-137 Alexandra House, London, SW19 7JY, ENGLAND.
Our website address is www.ovitraders.com.
15. Definitions
Any of the records we keep about you including records of your payments,
outstanding charges and your personal details.
Agreement:
the terms and conditions described in these Terms of Service, your service
description and any other terms (including without limitation those
contained in any application or agreement forms we produce) you sign.
Billing Period:
Our billing period for the services as may change from time to time.
Charges:
all charges for services as published in our periodically notified to you
from time to time including but not limited to payment plan payments.
Connection:
the process of giving you access to the services.
Content:
any data provided by us or a content provider and that can be accessed
using the services.
Content Provider:
a person that supplies us, or you directly, with content. This includes
(without limitation) a person who supplies share market information and
news services.
Customer Services:
our service team who are available to help you with your queries. They can
be contacted by emailing support@ovitraders.com.
Minimum Term:
the minimum fixed term for supply of the services as specified in this
Agreement.
Services Guide:
our descriptions of our current services. These may be amended by us from
time to time and are available on our website.
Software:
any software portion of OVI Traders services that you access from your
computer, tablet, smartphone or other hardware.
Suspension:
the temporary disconnection of or any part of the services.
The Website:
Any websites under the control of OVI Traders / Flagtrader.com Ltd. These
include but are not limited to:www.ovitraders.com, www.flagtrader.com, www.ovicopilot.com, www.optioneasy.com, www.followthemoneytrader.com, www.oviadvantage.com, www.insiderearnings.com, www.theinsideredge.com, www.turnaround-trader.com.
The Software:
includes any applications that reside on any of the websites owned or
controlled by FlagTrader.com Ltd t/a OVI Traders.
16. Testimonials Disclaimer
In accordance with the FTC guidelines concerning use of endorsements and
testimonials in advertising, please be aware of the following:
Testimonials appearing on any OVI Traders websites are actually received
via text, audio, or video submission. They are individual experiences,
reflecting real life experiences of those that have used our products
and/or services in some way or another. However, they are individual
results and results may vary. We do not claim that they are typical results
that consumers will generally achieve. The testimonials are not necessarily
representative of all of those who will use our products and/or services.
The testimonials presented on any OVI Traders websites are applicable to
the individuals writing them, and may not be indicative of future
performance or success of any other individuals. FlagTrader.com Ltd cannot
and does not guarantee results.
The testimonials displayed (text, audio, and/or video) are given verbatim
except for correction of grammatical or typing errors. Some have been
shortened, so that the whole message received by the testimonial writer is
not displayed. This is done only when a testimonial is lengthy, or if the
entire testimonial did not seem relevant for the general public.
FlagTrader.com Ltd is not responsible for any of the opinions or comments
posted to the website.
FlagTrader.com Ltd is not a forum for testimonials, however provides
testimonials as a means for customers to share their experiences with one
another. To prevent against abuse, all testimonials appear after they have
been reviewed by management of FlagTrader.com Ltd.
FlagTrader.com Ltd does not share the opinions, views, or commentary of any
testimonials on this website, which are strictly the views of the
testimonial writer.
If you submit a testimonial or feedback to us then you agree that we may
publish your testimonial or feedback, together with your name and any
images you provide on this website and on any successor website that we may
operate from time to time, on such page and in such position as we may
determine in our sole discretion.
You further agree that we may edit the testimonial and publish edited or
partial versions of the testimonial. We may obfuscate your name to protect
your privacy upon request. However, we will never edit a testimonial in
such a way as to create a misleading impression of your views. You may
terminate this licence by giving to us 30 days' written notice of
termination.
17. Disclaimers
Although the contents provided on the Website have been obtained from
sources believed to be reliable, they are provided to you on an "AS IS"
basis. FlagTrader.com Ltd makes no warranties, expressed, implied, or
statutory including, but not limited to, warranties of merchantability,
fitness for a particular purpose, accuracy, timeliness, completeness, or
non-infringement to users and/or any third party. You acknowledge that (a)
the Materials are provided for general informational and educational
purposes only and are not intended for trading purposes, (b) that
FlagTrader.com Ltd does not guarantee the accuracy, completeness or
timeliness of the Materials provided on the Website or any linked website,
and (c) that the provision of certain portions of the Website is subject to
the terms and conditions of other agreements to which FlagTrader.com Ltd is
a party. ACCORDINGLY, FLAGTRADER.COM LTD, ITS OFFICERS, DIRECTORS, MEMBERS,
EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE "COVERED
PARTIES" SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST
OPPORTUNITIES, WHETHER OR THE COVERED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE
MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR
LINKED TO THE MATERIALS; (b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE
TRANSMISSION OF ANY INFORMATION; (c) YOUR USE OF THE MATERIALS (REGARDLESS
OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE
MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN USING THE MATERIALS OR (e)
LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF
NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM
ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THE
AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER
CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE
AMOUNT OF THE PRICE PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO
MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
Websites Disclaimer
Options involve risk and are not suitable for all investors. Prior to
buying or selling an option, a person must receive a copy of
Characteristics and Risks of Standardized Options. This can be obtained
from the Options Clearing Corporation (1888-options), One North Wacker
Drive, Suite 500, Chicago IL 60606. Investors need a broker to trade
options, and must meet suitability requirements. The information on this
Website is provided solely for general education and information purposes
and therefore should not be considered complete, precise, or current. Many
of the matters discussed are subject to detailed rules, regulations, and
statutory provisions which should be referred to for additional detail and
are subject to changes that may not be reflected in the Website
information. No statement within the Website should be construed as a
recommendation to buy or sell a security or to provide investment advice.
The inclusion of advertisements on the Website should not be construed as
an endorsement or an indication of the value of any product, service, or
website. The Terms and Conditions of use for the ovitraders.com website
govern use of any aspects of the Website.
The data contained in OVI Traders software requires dividend payments to be
manually inputted where appropriate by the user and should not be
considered as a professional advice to perform any specific investment. The
calculations within the options applications are based on the Black-Scholes
Options Pricing Model and FlagTrader.com Ltd shall not be liable to any
claim relating to the accuracy or validity of any calculations or content
on this Website. Simulated results and un-executed trades do not represent
actual trading and the results may under or over compensate for the impact,
if any, of certain market factors, such as lack of liquidity or
inconsistent market data. Simulated trading programs are generally designed
with hindsight, whereas real trading occurs without hindsight. No
representation is made that any account is or will be likely to achieve
profits or losses similar to those shown. The user of the Software shall
solely be responsible for any action and/or investment made based on the
data and calculations contained in this Software and/or any other use of
the data and calculations of this Software. FlagTrader.com Ltd shall not be
liable for or accept any responsibility for damage of any kind that may be
caused by the use of this software and/or by the use of any data and/or
information contained in, generated by and/or granted by this Software.
This software is not to be used for third party training or teaching
purposes such as seminars or workshops without the express written consent
of FlagTrader.com Ltd. FlagTrader.com Ltd reserves the right to terminate
any individual memberships if any member is suspected of using the
Application for any and such unauthorized purposes.
The calculations and rankings within the Screeners are based on
mathematical formulae and equations at the previous end of day's trading
closing prices. The screener is designed to rank trades for selected
strategies based on yields and their associated probabilities. While we
make every effort to filter only for liquid stocks and options, the
screener takes no account of fundamental or technical analysis and as such
makes no claims as to the safety, timeliness or profitability of any stocks
selected within the searches. Simulated results and un-executed trades do
not represent actual trading and the results may under or over compensate
for the impact, if any, of certain market factors, such as lack of
liquidity or inconsistent data quotes. Simulated trading programs are
generally designed with hindsight, whereas real trading occurs without
hindsight. No representation is made that any account is or will be likely
to achieve profits or losses similar to those shown.
Email support is provided on support@ovitraders.com.
Representations
You represent, warrant and covenant that: (a) you have the power,
competence and authority to enter into this agreement; (b) you are at least
eighteen (18) years old; (c) you shall not use any rights granted hereunder
for any unlawful purpose; and (d) you shall use the Website only as set
forth in the Terms and Conditions of Service.
TESTIMONIALS DISCLAIMER for the ovitradersclub.com website (the "Website")
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this site are actually received via text, audio, or video submission. They are individual experiences, reflecting real life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results may vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials presented on this site are applicable to the individuals writing them, and may not be indicative of future performance or success of any other individuals. FlagTrader.com Ltd cannot and does not guarantee results.
The testimonials displayed (text, audio, and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened, so that the whole message received by the testimonial writer is not displayed. This is done only when a testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public.
FlagTrader.com Ltd is not responsible for any of the opinions or comments posted to the website. FlagTrader.com Ltd is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of FlagTrader.com Ltd. FlagTrader.com Ltd does not share the opinions, views, or commentary of any testimonials on this website, which are strictly the views of the testimonial writer.
If you submit a testimonial or feedback to us then you agree that we may publish your testimonial or feedback, together with your name and any images you provide on this website and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. We may obfuscate your name to protect your privacy upon request. However, we will never edit a testimonial in such a way as to create a misleading impression of your views. [You may terminate this licence by giving to us 30 days' written notice of termination.]
PRIVACY POLICY for the ovitradersclub.com website (the "Website")
Your privacy on the Internet is of the utmost importance to us. Because we gather certain
types of information about the users of OVI Traders products and services, we feel you should
fully understand the terms and conditions surrounding the capture and use of that information.
This privacy statement discloses what information we gather, how we use it, and how to correct or change it.
Please note that the parent company of OVI Traders is FlagTrader.com Ltd, a UK registered company.
In this document when we say OVI Traders, FlagTrader, “we” or “us”, we are referring to the Company.
If you do not agree with this policy, do not access or use our Products and Services or
interact with any other aspect of our business.
Below you will find the following information on our Privacy Policy:
- What information this site gathers/tracks about you
- What this site does with the information it gathers/tracks
- With whom this site shares the information it gathers/tracks
- This site’s policy on correcting and updating personally identifiable information
- This site’s policy on deleting or deactivating your information from its database
- How we protect your credit card account information.
Questions regarding this statement should be directed to OVI Traders Support for clarification.
To return to the page you came from, please use the Back button on your browser.
1. Information OVI Traders Gathers and Tracks
OVI Traders gathers two types of information about users: data that users provide through downloads;
and data OVI Traders gathers through aggregating tracking information derived mainly by tallying page
views throughout our sites and click-throughs from any of our partners. Such information enables us to
better tailor our content to members’ needs and to help our partners better understand the demographics
of our audience. Because OVI Traders may in the future derive revenue from advertising, providing such
aggregated demographic data is essential. OVI Traders does not divulge information about an individual
user to a third party at any time.
OVI Traders gathers user information in the following processes:
Download Forms
During the download process the user is required to supply their name, contact phone number and email
address, and may also be required to answer other survey questions about age, gender, income, zip code,
country, and other information.
Polling
Occasionally OVI Traders will conduct offer interactive polls to users so they can easily share their
opinions with other users and see what the OVI Traders audience thinks about important issues. OVI
Traders uses a system to “tag” users after they have voted, so they can vote only once on a particular
question. This tag is not correlated with information about individual users.
Electronic Newsletters
OVI Traders delivers newsletters, marketing and product offerings via email to people who have requested
to be added to our Mailing list and people who purchased or trialled OVI Traders products. The email
tracking system recognizes the URL that was clicked, and records some information about you and your computer,
such as the email address that you provided to us, the browser, operating system and IP address.
OVI Traders also uses the feature of your browser to set a “cookie” on your system. This allows us to
measure and report the click through rate on e-mails delivered and then better determine future content.
OVI Traders will not provide specific user information to any third party company.
Surveys
Occasionally OVI Traders conducts user surveys to optimize our products for our audience. We may share the
aggregated demographic information in these surveys with our advertisers and partners. We never share any of
this information about specific individuals with any third party.
Usage Tracking
OVI Traders tracks user traffic patterns throughout our site.
OVI Traders sometimes tracks and catalogues the search terms that users enter in our Site Search, but this
tracking is never associated with individual users.
Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie
file can contain information such as a user ID that the site uses to track the pages you’ve visited. But the
only personal information a cookie can contain is information you supply yourself. A cookie cannot read data
off your hard disk or read cookie files created by other sites. OVI Traders uses cookies to track user traffic
patterns (as described above);
If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.
You can refuse cookies by turning them off in your browser.
You do not need to have cookies turned on to use the OVI Traders sites. However, the cookie will assist you by
filling in information on our site that you have entered previously. If you choose to disable the receipt of
cookies from our website, you may not be able to use certain features of the site.
2. Use of the Information
OVI Traders uses any information voluntarily given by our users to enhance the experience of our site, whether to
provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
- As stated above, OVI Traders uses information that users voluntarily provide in order to send out electronic newsletters.
We send out newsletters to subscribers on a regular schedule and occasionally send out special editions when we think subscribers
might be particularly interested in something we are doing. OVI Traders never shares newsletter mailing lists with any third
parties, including advertisers or partners.
- When we use tracking information to determine which areas of our sites users like and do not like based on traffic to those
areas OVI Traders does not track what individual users read, but rather how well each page performs overall. This helps us continue
to build a better service for you.
- We track search terms entered in our site search as one of many measures of what interests our users. But we do not track
which terms a particular user enters.
- OVI Traders may create aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows
our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs.
Security of the Information
Any information about you which you provided, or was derived from your use of OVI Traders products and services, is stored on servers that
are controlled by OVI Traders. At this time, there are no third parties that have access to your information except our merchant providers
(see Credit Card Security below). This means that all your information is controlled by us on our secure servers.
All OVI Traders servers are updated on a regular basis and are under constant review and monitoring. OVI Traders uses many techniques to
ensure that your information is safe and your OVI Traders services run without interruption.
3. Sharing of the Information
OVI Traders uses the above-described information to tailor our content to suit your needs and assist our advertisers to better understand our
audience’s demographics. We do not share information about individual users with any third party.
OVI Traders does not control the practices of our advertisers. If you have questions about how one of our advertisers uses information about
you when you click their ad and go to their content, please contact them directly. OVI Traders will divulge information only as necessary to
comply with state and federal laws.
Sharing with Third Parties
Currently all electronic aspects of the OVI Traders business are controlled and operated by FlagTrader.com Ltd. Your personal information is
not required to be shared with any third party for us to provide our electronic services to you. We do reserve the right however to partner
with a third party firm if we believe that doing so would enable us to provide a better service to our clients. In that instance, the third
party may require that we share information about you so that they can provide services on our behalf.
Any third party that has access to information about you will do so under instruction from us, including abiding by policies and procedures
designed to protect your information.
From time to time we may need to send you a physical package, letter, or other item by physical mail. In such cases we may share your relevant
details with a third party fulfilment provider in order to fulfil the item. Such providers will be required to operate the same level of
compliance with our own policies and will be required to delete your data within six months.
Sharing with Partners
We may work with partners who have provided technological information that enable us to offer custom tools/services/modules to our clients.
If you voluntarily add a custom tool/service/module to your OVI Traders products, you will need to agree at the time that your name, email
address and phone number will be shared with the provider of that tool/service/module in order to enable them to be able to support you.
Sharing with Affiliated Companies
Affiliated companies are defined here as companies that are majority owned or operated by the FlagTrader Group of Companies. We may share
information we collect with our own affiliated companies and, in some cases, with prospective affiliated companies in order to operate and
improve our products and services and to offer other OVI Traders services to you. The protections afforded to you of this privacy policy
apply to the information we share in these circumstances.
Business transfers
We may share or transfer information we collect under this privacy policy in connection with any merger, sale of company assets, financing,
or acquisition of all or a portion of the FlagTrader.com Ltd businesses to another company. You will be notified via email and/or a prominent
notice on our web pages if a transaction takes place, as well as any choices you may have regarding your information.
4. Correct/Update Policy
OVI Traders offers users the ability to correct or change the information collected during registration for any site (see above). This is
done by logging into your OVI Traders membership page at http://ovi.to/mypreferences or by contacting the OVI Traders Support team.
5. Delete/Deactivate Policy
Users may unsubscribe to any of our electronic
newsletters at any time by following the instructions contained at the end of
every newsletter.
If a user wishes for all their personal
information to be completely deleted from all of our services, they can do this
by requesting it at dataprotectionofficer@ovitraders.com.
Note that this is irreversible until you
specifically opt back in at a later date. In such cases we may reserve
the right to ask you to confirm your request to opt back in.
What happens
when your data is deleted?
If you have no outstanding invoices for any of
our services, and you have not trialled one of our products/services for 6 months, all your personal data
will be deleted from all our databases.
Note:this can take up to 24 hours to
propagate to all our servers.
If you have paid an invoice for one of our
products/services, then we need to keep the invoices on file for our accounting
obligations. In this instance your name will be reduced to your initials only
and all your other contact information will be deleted.
If you have recently trialled one of our
products/services, then your contact information will be deleted but your
record maintained for six months to prevent new trials from being established.
When does OVI Traders Delete Data?
On an annual basis we review data on our servers to
ensure that any personal data that is no longer required is deleted. Typically
a user meets this qualification when they unsubscribe from all our newsletters
and they have no invoice history.
6. Credit Card Security
At FlagTrader.com Ltd we take the security of your payment information seriously. We are constantly reviewing our
processes to ensure that security is maintained, best practices are followed and we are protecting you from unauthorized
access to your private information.
FlagTrader.com Ltd does not store client credit cards on any server, log file, database or list. Credit card numbers
can only be entered into our system on the secure website. Card details are then transmitted via encrypted connections
to our clearing provider, PayPal or Authorize.net, for processing. For active subscriptions, card details are stored at
PayPal and a token system is used for subsequent billing. PayPal is fully PCI complaint and meets all the requirements
for the secure storage of credit card details.
All OVI Traders servers are maintained by our own staff. No third party has any access to our servers. Servers are constantly
updated to ensure that all know security vulnerabilities are patched.