PLEASE READ THE ENTIRETY OF THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PURCHASE OR SUBSCRIBE TO ANY OF OUR PRODUCTS OR SERVICES
1. WHAT ARE THESE TERMS AND CONDITIONS?
1.1 These are the terms and conditions on which we, Sequor Trends Limited, agree to contract with you for the provision of our weekly newsletters (Newsletters). By subscribing to the Newsletters, you agree to all of the following terms and conditions. We draw your attention in particular to 1.2 and 1.3 below, although we recommend that you read the entirety of these terms and conditions.
1.2 GENERAL DISCLAIMER – We are not your financial advisors and you are responsible for your own investment decisions
a. We are not financial advisors or financial service providers and therefore are not regulated by the Financial Conduct Authority or any other regulatory body.
b. We produce content in the Newsletters which may draw conclusions on potential price movements of currencies based on historical trends, reasonable assumptions and technical techniques. These should not be taken as recommendations to make any investment decisions and you acknowledge that we and any authors or contributors to the Newsletters do not act as your financial advisors.
c. To the extent that you decide to make investment decisions after having read the Newsletters, you acknowledge that you are fully responsible for your own investment research and investment decisions. You agree to not hold us liable for any losses you may sustain from your investment activities.
1.3 AGREEMENT NOT TO REPRODUCE OR REDISTRIBUTE OUR NEWSLETTERS
a. We make the Newsletters available to you by way of a non-exclusive, non-assignable, royalty-free licence strictly in accordance with these terms and conditions. You agree not to reproduce, sub-licence, transfer, assign or otherwise make the Newsletters available to any other person.
b. In the event you use the Newsletters otherwise than in accordance with these terms and conditions, you agree to pay us liquidated damages calculated in accordance with clause 11 below.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Sequor Trends Limited, a private company limited by shares incorporated in England and Wales. Our company registration number is 12081954 and our registered office address is at Ecommerce Accountants 1 Mark Square, Lower Ground Room 117, London, EC2A 4EG.
2.2 How to contact us. You can contact us by writing to us via email to [email protected] or by post to Ecommerce Accountants 1 Mark Square, Lower Ground Room 117, London, EC2A 4EG.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you confirming our acceptance, at which point you will enter into a legally binding contract on these terms and conditions with Sequor Trends Limited.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order or transaction number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order or transaction number whenever you contact us about your order.
3.4 Regulatory Issues. We are comfortable on legal advice received that the products and services provided under this agreement do not violate applicable legislation regulating the provision of financial products and services in the United Kingdom. If you are entering into these terms and conditions from outside the United Kingdom, there is a risk that the applicable regulatory regime(s) may take a different view on whether the products and services provided violate similar legislation regulating the provision of financial products and services in your jurisdiction. For example, the information contained in the Newsletters could potentially be considered investment advice or financial promotion in your jurisdiction even though it would not be regarded as such in the United Kingdom. By entering into these terms and conditions, you represent to us that to the extent you are contracting with us from outside the jurisdiction of the United Kingdom, your entry into these terms and conditions with us will not cause us to violate any applicable restrictions or regulations on the provision of financial products and services in your jurisdiction, and undertake to hold us harmless and indemnify us on a pound-for-pound basis, for any losses, damages, fines, expenses or any other costs we may incur as a result of contracting with you. If you are unsure about the legal position under the laws applicable to you, you should consult a legal advisor before entering into these terms and conditions.
4. THE NEWSLETTERS
4.1 Subscription to Newsletters. In consideration for you paying the subscription fee, we will provide you with access to the Newsletters.
4.2 Content and Nature of the Newsletters. The Newsletters are weekly publications created by us and comprise of information, opinions and ideas sourced from our partners and employees and pertain to the price movements of cryptocurrencies on publicly traded markets. The contents of the Newsletters have been created with reasonable care using historical information, reasonable assumptions and estimates and various technical analytical techniques but are not, and should not be relied on as investment advice or recommendations to purchase, sell or otherwise speculate or invest in the value of any given currency or security.
4.3 Intellectual Property. All intellectual property rights in the Newsletters, whether registered or unregistered, are the sole property of Sequor Trends Limited.
5.1 Exclusive License. Upon paying the subscription fee, and for as long as you continue to pay the subscription fee, we grant you a non-exclusive, non-assignable and royalty-free licence to access, view, download and store the Newsletters on your personal devices for your personal non-commercial use in accordance with the terms of this contract.
5.2 Restrictions on use, sharing and distribution. As part of your use of our products you agree that you will not:
(a) display (in part or in whole) the product as part of any public performance or display even if no fee is charged except (i) where such use would not constitute a copyright infringement or violate any other applicable right or (ii) as authorised in advice in writing by us and only in the exact manner authorised;
(b) sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any product to any third party including with regard to any downloads any product;
(c) use our website or any product in conjunction with any stream capture, stream-ripping, or similar software to record or create a copy of any product that is presented to you in streaming format;
(d) use any product as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution;
(e) share your account or login details with any third party;
(f) attempt to, assist or permit any third party to circumvent, disable or defeat any of the security features or components that protect or restrict access to any product or our website; or
(g) remove any watermarks, labels or other legal or proprietary notices included in any product, or attempt to modify any product, including any modification for the purpose of disguising or changing any indications of the ownership or source of the product.
5.3 Waiver of Cooling-Off Period. You consent to waive the 14-day cooling-off period under the Consumer Contract Regulations.
5.4 Deemed download. To the extent that the Newsletters are made available to you by way of email, you agree that you are deemed to have downloaded the Newsletters for the purposes of the Consumer Contract Regulations at the time the email attaching the relevant Newsletters is received in the inbox of the email address you have provided.
6. OUR RIGHT TO MAKE CHANGES
6.1 Price changes. You will be charged the monthly subscription price listed on our website. We reserve the right to increase the advertised price at any time. If we decide to change the price of a subscription product we will notify you by email. The change will apply to the next payment due from you after the notice is sent, provided that you have been given at least 14 days' prior notice before the charge is made. If you are given less than 14 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period.
6.2 Minor changes to the products. Each issue of the Newsletters will naturally have different content. However, we may also make changes to layout, focus, general content and coverage of the Newsletters:
(a) to reflect changes in relevant laws and regulatory requirements, for example, if an area previously covered becomes subject to regulatory oversight that means we cannot cover it in the same way; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat or to make improvements to format or delivery of the product. These changes will not affect your use of the product.
6.3 More significant changes to the products and these terms.
6.3.1 We may make changes to the Newsletters and these terms. If we decide to make changes, you will be given at least 28 days' notice, and the new terms will be effective after this notice period expires. If you continue your subscription to the Newsletters following the expiry of the notice period you will be deemed to have accepted the new terms.
6.3.2 If you do not agree with the new terms, you may download any products you previously purchased, terminate subscriptions and delete your account.
6.3.3 You may continue to view downloaded products in accordance with the last version of the terms that you accepted.
7. YOUR SUBSCRIPTION
7.1 When we will provide the Newsletters. We will send the Newsletters to you for your use in accordance with these terms until: your subscription expires, your subscription is suspended or your subscription has been ended in accordance with these terms.
7.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3 Reliance on Information provided. While your subscription is active, we will send the Newsletters to your designated email address provided to us at the point of subscription. It is your responsibility to inform us, providing evidence of your identity, in the event there are changes to your email or other personal information. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time.
7.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
(a) to deal with technical problems or make minor technical changes;
(b) to update the product to reflect changes in relevant laws and regulatory requirements; or
(c) due to the unavailability of key personnel.
7.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent, unexpected or an emergency. If we have to suspend the product for longer than 7 days in any 30 days we will adjust the price so that you do not pay for products while they are suspended. If the product is an ongoing subscription, we will extend your subscription by a period equal to the period of the suspension. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.6 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4) and you still do not make payment within 5 days days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
7.7 We may also suspend supply of the products if we suspect you of misconduct. If we are investigating you for suspected misconduct (including breach of these terms), we may suspend supply of the products for the duration of the investigation. We do not have to tell you if we are investigating you if we believe it would compromise the investigation or the operation of any or our products:
(a) If the outcome of the investigation is that we cannot reasonably prove misconduct then we will treat the suspension under clause 7.5.
(b) If we are reasonably able to prove misconduct then the rights under clause 7.5 shall not apply and we shall not be liable to you for compensation and shall be entitled to end this contract under clause 10.1.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 13 if you are a consumer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. Note however that due to the nature of our product, we require you to waive the cooling-off period as per clause 5.2 above;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.4.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.3);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, the Consumer Contracts Regulations 2013 provides you with a legal right to change your mind within 14 days and receive a refund. Due to the nature of the Newsletters, we require that you waive the 14-day cooling-off period and deem you to have downloaded any Newsletter at the time it is sent to the email address provided by you to us.
8.4 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed. Subscriptions to the Newsletters operate on a rolling monthly basis. You can terminate your subscription at any time. Once you terminate your subscription, you will receive the remainder of the Newsletters for your preexisting subscription period. After your original subscription period is over, you will not receive any more Newsletters and you will also not be charged.
9. HOW TO END YOUR CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Online. Complete the form here.
(b) Email. Email customer services at [email protected]. Please contact us via the email that you used to register your account.
9.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the subscription, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 When we may make deduction from refunds. We may deduct from any refund an amount for the supply of the Newsletters for the period for which it was supplied, ending with the time when you inform us of your intention to terminate your subscription The amount will be in proportion to what has been supplied. For example, if you terminate your subscription on the 15th day of a 30 day calendar month, and you have already received 2 of 4 Newsletters in that month, we will refund you 50% of the subscription price.
9.4 When your refund will be made. We will make any refunds due to you as soon as reasonably practicable.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(c) if you materially or repeatedly breach any of the other terms.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. LIQUIDATED DAMAGES
11.1 In the event you breach clause 1.3 and/or 5.2, and we are able to reasonably establish that you have provided, or otherwise made the Newsletters accessible to third parties, you agree to pay us a liquidated sum equal to the subscription price of each Newsletter provided or made available to such third party multiplied by the 30 (with this number being a fair estimate of the potential damage we sustain from such leak), or the number of third party non-subscribers that we are able to reasonably establish received such Newsletters as a direct or indirect result of your actions, whichever is greater.
11.2 For the purposes of this clause 11, the subscription price of each Newsletter will be calculated by dividing the number of Newsletters provided by us in each month by the subscription price for that month.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected].
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which excludes any applicable VAT) will be the price indicated on the website and will be indicated on the order pages when you place your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the product you order.
13.2 VAT. We are registered for VAT meaning any sums payable as VAT pursuant to Directive 2006/112/EC and other related or derivative directives, regulations or national law will be added to the purchase price of products listed on our website.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the price of the product on our website to account for the changes in VAT.
13.4 What happens if we got the price wrong. It is always possible that, despite taking reasonable care, the Newsletter subscriptions may be incorrectly priced. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the permanent deletion of any products provided to you.
13.5 When you must pay and how you must pay. We accept payment with a credit or debit card. To subscribe to the Newsletters, you must pay your monthly subscription in advance. Your monthly subscription will begin immediately on the day you pay the applicable subscription fees and further payments will be due on that same day every calendar month.
13.6 Our responsibility for loss or damage suffered by you if you are a consumer
13.7 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is excluded under our General Disclaimer in clause 1.2 or is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.8 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; for fraud or fraudulent misrepresentation and for defective products under the Consumer Protection Act 1987.
13.9 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 If a court finds part of this contract illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these terms 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.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not pursue you but we continue to provide the products, we can still require you to make the payment at a later date.
15.5 What laws apply and how proceedings may be brought in connection with disputes arising out of these terms.
(a) In the event you wish to bring proceedings against us, you must refer any such dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, to arbitration and final resolution under the LCIA Rules, whose Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London, United Kingdom.The language to be used in the arbitral proceedings shall be English.
(b) In the event we intend to bring proceedings against you, we may opt to either refer the dispute to arbitration in accordance with the process outlined in clause 15.5(a) above or bring legal proceedings in the courts of England and Wales. If we choose to litigate, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
We at Sequor Trends Limited are committed to meeting our data protection obligations and ensuring that any personal information we collect is collected and stored in accordance with generally applicable data protection laws and best practices.
Sequor Trends Limited is a data controller as defined by the General Data Protection Regulations (GDPR) and our registered office address is at Ecommerce Accountants 1 Mark Square, Lower Ground Room 117, London, England, EC2A 4EG.
What types of data do we collect and hold?
When you access our website, we will collect your IP address and cookie information (see "Cookies") section below. This allows our basic customer relations management (CRM) and analytics software to function.
When you subscribe to our paid services, we collect the following information:
(a) Personal identifiers such as your name, gender, title and date of birth; and
(b) Contact information that you provide to us such as your address, contact number and email address.
We do not collect any data in relation to payments, which is dealt with by reputable third party payment platforms with their own data protection policies. For more information, please refer to the section "Sharing your information with third parties" below.
We do not collect, nor do we intend to collect, any special categories of data also known as sensitive personal data.
Our website and services are not intended for use by children and we do not knowingly collect data relating to children.
How and why do we collect and process your personal data?
When you visit our website, the software we use automatically collects IP address and cookie information. This information allows us to monitor website traffic and activity using services such as Google Analytics in order to optimise our website and service offering.
When you subscribe to our newsletters, we collect the personal data you provide to us as part of the sign-up process in order to create a valid contract with you, and to perform the contracted services. For example, we need your personal identifiers such as your name, date of birth, address and contact details to create a validly binding contract with you. We deliver newsletters to you by email and we therefore require this information in order to fulfil our contract with you.
We also process your date of birth in order to find out if you are eligible to enter into a contract with us. We will not contract with children (persons under the age of 18).
To the extent that you consent to us contacting you, we may also use your data to provide you with information about our services or any updates which we reasonably think might be relevant to you.
Sharing your information with third parties
In the event we decide to change our third party payment services providers, we will take reasonable steps to ensure we use payment services providers with data privacy policies that are no less stringent than Stripe’s, and we will inform you by email.
We also use services provided by Zapier, ChargeBee and EmailOctopus as part of our business model, as well as CloudFlare and Google Analytics on our website.
We may send your personal data overseas in the course of using the services provided by the companies above. To our knowledge, the only destination country outside the EEA to which information may be sent is the United States of America, which is covered by the EU - US Privacy Shield Framework which is deemed sufficient by the European Commission as adequate to enable data transfers under European Union law.
Storing and retaining personal information
We will hold your personal data only for as long as necessary to fulfil the purposes for which it is collected.
When you subscribe to our services, we will hold your personal data throughout the period of your subscription. If you choose to end your subscription to our services, we will delete all personal data after a period of 30 days.
Data relating to any enquiries made to us, such as the enquirer’s name, contact details and subject matter of the enquiry will be kept by us for a period of three months so that we can process, respond to and update you on the subject matter of your enquiry.
Notwithstanding the above, we will retain personal data to the extent we are under a legal obligation to do so. For example, we will retain your personal data if applicable EU/UK laws oblige us to do so. We will also retain your personal data if we have a legitimate interest in doing so. For instance, we will retain your personal data if we reasonably believe that we may be involved in legal proceedings with you in connection with services provided to you.
How we protect your information
All our files and databases are hosted by a third party cloud-services provider, DigitalOcean. Their data security policies can be found on their website at http://www.digitalocean.com/legal/data-security.
We also use CloudFlare to protect personal data using encryption and firewalls.
To the extent we keep any personal data on any physical medium, such medium will be kept in secure premises accessible only by authorised individuals and destroyed promptly as soon as the purposes for which it is used have been fulfilled.
Your rights under data protection laws
We take our data protection obligations and your data privacy rights seriously. The GDPR accords rights to EU citizens and residents which we are committed to respecting and upholding. Your rights under the GDPR include:
(a) The right to request information about what personal data we process and the rationale for such processing;
(b) The right to request access to your own personal data;
(c) The right to request modifications to your personal data in the event you believe that data we hold on your is inaccurate;
(d) The right to withdraw consent for us to process your personal data;
(e) The right to request that we delete or destroy your personal data;
(f) The right to request that we do not use your personal data for certain purposes;
(g) The right to request transfer of your personal data to you or another data controller you may nominate; and
(h) The right to request that we do not use your personal data in an automated decision-making process (although we do not, and have no intention to, rely on such processes in the provision of our services).
You may exercise these rights by sending in a request by email to [email protected].
Please provide sufficient details allowing us to identify you, as well as the scope and nature of your request. We will respond to you within one month of your request. We will not charge a fee for responding to your request (as long as it is not unfounded, vexatious, repetitive or excessive).
Third party websites
In the event of a data breach, we will immediately work to identify the extent and cause of the breach and whether any personal data has been compromised. If we find that your personal data may have been compromised, we will immediately inform you so that you may take the necessary steps to protect yourself from potentially malicious actors.
Changes to this privacy notice
This policy is effective from 05/10/2019.