|1. Acceptance of Terms:|
|Welcome to ChartAlert.com / TechnicalAnalysis.in.
Turnbull Advisory Services Pvt. Ltd (collectively, “Turnbull”) provides, via the Internet and a leased software, the technical analysis of the historical price movement and market commentaries on the probable future market price trends related to companies whose securities are publicly traded on the stock markets (collectively, the “Research” or “Service”), subject to the following Terms of Service, which may be updated by us from time to time without notice to you.
|2. Availability of Advisory Services:|
|The financial (or asset) market advisory services, provided on this site or via our technical analysis decision support software viz. ChartAlert™ OfflineTrader, comprises Technical Analysis of the historical price movement and market commentaries on the probable future market price trends related to companies whose securities are publicly traded on the stock markets (collectively, the “Research”). The Research is provided to you as a source of information only and no content included in the Research is intended for trading or investing purposes. Furthermore, the Research on this site is provided to you no more than as a means of support services offered by Turnbull Advisory Services Pvt. Ltd. (collectively, “Turnbull”) for the community of individuals referring to its Research.
The Research is provided by Turnbull on an “AS IS” basis. Furthermore, the Research is provided for a period of 46 weeks in a calendar year of 52 weeks. Hence, under the 3-month subscription plan, Research will be available for a period of 11-1/2 weeks out of 13 calendar weeks, and under the 12-month subscription plan, Research will be available for a period of 46 weeks out of 52 calendar weeks.
No Research is provided by Turnbull for a period of 6 weeks in a calendar year of 52 weeks. This ‘hiatus’ period of 6 weeks, spread across Diwali, calendar year-end and summer, serves as a rejuvenation period for our analysts.
|3. Member Registration and Access Obligations:|
|In consideration of use of the Research, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and
(b) to maintain and update this information to keep it true, accurate, current and complete.
If any information provided by you is untrue, inaccurate, not current or incomplete, or Turnbull has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Turnbull has the right to suspend or terminate your account and refuse any and all current or future use of the Research (or any portion thereof). You agree not to resell or transfer the Research or use of or access to the Research.
You acknowledge and agree that you must:
(a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and
(b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
|4. Member Account, Password and Security:|
|You will receive a user-id and a password for online website access upon completing the registration process to download the Demonstration Version of our software viz. ChartAlert™ OfflineTrader. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to: (a) immediately notify Turnbull of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Turnbull cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
As a member-subscriber of our Research, you will receive a 4-digit user-id and a 32-digit activation key that authorizes the usage of our Research in an offline mode using our technical analysis decision support software viz. ChartAlert™ OfflineTrader, available on lease on your personal computer (collectively, the “Software”).
|5. Member Conduct:|
|While using the Research or Service, you may not:
post or upload or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind; or
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Securities and Exchange Board of India, any rules of any national or other securities exchange, including, without limitation, the Bombay Stock Exchange, the National Stock Exchange, and any regulations having the force of law; or
post or upload or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Turnbull) or engage in spamming or flooding; or
post or upload or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
post, upload, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
post, upload, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
restrict or inhibit any other authorised user from using and enjoying the Service; or
post, upload, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under the Indian and international copyright laws.
Turnbull has no obligation to monitor the Service. However, you acknowledge and agree that Turnbull has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Turnbull will not intentionally monitor or disclose any private electronic-mail message unless required by law. Turnbull reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
|6. Failure to comply with Terms of Service:|
|You acknowledge and agree that Turnbull may terminate your password or account or software lease or deny you access to all or part of the Research without prior notice if you engage in any conduct or activities that Turnbull in its sole discretion believes violate any of the terms and conditions, violate the rights of Turnbull, or is otherwise inappropriate for continued access.
You acknowledge and agree that Turnbull may in its sole discretion deny you access through Turnbull to any materials stored on the Internet, or in the leased software on your PC, or to access third party services, merchandise or information on the Internet or in the leased software through Turnbull, and Turnbull shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Turnbull and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Research or the placement or transmission of any message, information, software or other materials through the Research by you as a user of your account or related to any violation of these Terms of Service by you as a user of your account.
|The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Turnbull has no control over such sites and resources, you acknowledge and agree that Turnbull is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, data, text, graphics, messages or other materials (collectively, the “Content”), advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Turnbull shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.|
|8. Third Party Provided Content:|
|– not applicable –|
|9. Turnbull’s Proprietary Rights:|
|You acknowledge and agree that the Research, including any necessary software used in connection with the Research (collectively, the “Software”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by Turnbull or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Turnbull grants you, as an evaluation-trial subscriber for a trial period of 4 weeks or, as a paid subscriber for a period of 3 or 12 months, a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Research. You agree not to access the Research by any means other than through the interface that is provided by Turnbull for use in accessing the Service.
|10. Disclaimer of Warranties:|
|YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE INCLUDING THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURNBULL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TURNBULL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
|11. Special Admonition relating to Financial Matters:|
|If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read Section 9 and 10 again. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt.
The technical analysis of the historical price movement and market commentaries on the probable future market price trends related to companies whose securities are publicly traded on the stock markets (collectively, the “Research” or “Service”) on this site and via a leased technical analysis decision support software that resides on your personal computer is provided to you as a source of information only, and no Content included in the Research is intended for trading or investing purposes. Furthermore, the Research on this site and via a leased technical analysis decision support software that resides on your personal computer is provided to you no more than as a means of technical support and services offered by Turnbull for the community of individuals referring to its Research. It is not to be reproduced or copied or made available to others. Your use of the Research is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of the Research. Under no circumstances it is to be considered as an offer to facilitate trading in the stockmarket, or to sell, or a solicitation to buy any security and/or options, futures, commodities, mutual funds, bonds or any of the world’s financial instruments. Turnbull shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service including the Software, and shall not be responsible or liable for any trading or investment decisions made based on such information.