Terms


Terms of Use – “Cycles-Trader”

 

Date: 18 March 2019


  • Introduction
  • The use of the website “cycles-trader.com”, which is, among other things, a website which is intended to display certain information regarding general stock market prediction and to offer the Users to purchase a license to view Forecasts (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
  • The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
  • The purpose of the Terms is to regulate the relations between the operator of the Website, Alon Avramson (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
  • The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
  • The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
  • The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
  • It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
  • The Service is active and accessible at all times, and You may use the Service at any time. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
  • If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: alon1122@gmail.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
  • It is hereby clarified that You agree and You are aware that any use of the Service and reliance on the information appearing in the Service and any trading activity is at Your own responsibility. All information available in the Service including any content appearing in the Website is intended solely for basic knowledge and does not replace any financial consulting and shall not be considered as any recommendation.
  • You will have no claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service including any claim of loss of funds resulting from any trading following Your use of the Service. You hereby warrant that You are aware of the financial risk of using the Service.
  • Any use of the Website and any Content and Forecasts appearing in the Website should be used solely for basic knowledge and may not be considered as personal consulting, expert opinion, recommendation or any offer including, but not only, an offer to purchase, hold or sell stocks or any other trade. Nothing in the Website shall be considered as a recommendation or consultation regarding any transactions. The Content provides only general knowledge and is not a replacement for the User’s independent judgment and shall not be considered as a consultation of a licensed investor adviser. It is clarified that the Operator is not making any personal calculations regarding the data, needs and unique goals of the User and does not provide any personal consultation regarding any specific transactions which fit the User’s needs and preferences.
  • None of the information available on the Website should be considered as mandatory information and/or advice and You are advised to consult an investment advisor or any other relevant qualified professional regarding any information available on the Website.
  • It is clarified that Your use of forecasts and/or any other documents available via the website (the “Forecasts”) is intended solely for Your personal use, and no other use of the Forecasts, including commercial use, may be made unless stated otherwise in the license of the Forecasts. The Forecasts are owned by the Operator, and any purchase you make through the website is a purchase of a personal-use license, therefore all rights including any intellectual property rights of the Forecasts shall remain at the Operator’s ownership. You are advised to read carefully the license terms of each Forecast.
  • Definitions
  • Content” means the Website, blogs, information on trade available in the Website, the Forecasts and/or other details which are provided by third parties, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
  • Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
  • Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.

  • Website and/or Website and/or Service Errors” means any interruption in the Website’s and/or Website and/or Service’s availability due to reasons which are not directly controlled by the Operator.
  • You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
  • Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

  • About the Terms
  • These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator provides solely a Website and/or Service which is used, among other things, as a service that sells licenses to Forecasts of the Operator, and therefore shall have no liability for any violation of the Terms by other Users including any dispute or claim between parties using the Service, and in case of any violation of your rights by any other User, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.
  • It is hereby clarified that only the Terms shall bind the Operator. Any advertising which may be available in the Website shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.
  • In order to use the Service including for the purpose of purchasing Forecasts, You are required to open an account by filling a form in the Website and providing certain details. It is clarified that Your account is personal and non-transferrable.

  • Purchase of Licenses for Forecasts, Personal License 
  • The Website offers a variety of licenses for a variety of Forecasts as detailed in the Website. However, the Operator may at any time remove some of the Forecasts and add new Forecasts and/or change the variety of any Forecasts and/or other products at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
  • The price of each Forecasts is VAT inclusive, if applicable, unless stated otherwise. However, the price of each Forecast may be changed by the Operator at any time, at its sole discretion and You will not have any claims against the Operator in such case.
  • Due to the fact that purchase of user licenses may not be cancelled and/or returned, You are advised to ensure that the Forecasts suit Your needs including, but not only, regarding the type of Forecast which You deem relevant for Your preferences.
  • Any Forecasts available on the Website may not be considered as a recommendation of the Operator to rely solely on the Forecasts, and the Operator has absolutely no liability for Your use of the Forecasts.
  • The licenses of the Forecasts, which are copyrighted and owned by the Operator, are intended solely and exclusively for Your personal use. Unless stated otherwise, no commercial use of the Forecasts may be made and You may not copy and/or distribute the Forecasts without the prior and written consent of the Operator. The user license appears next to and/or in the Forecasts. Therefore all rights including any intellectual property rights of the Forecasts shall remain at the Operator’s sole ownership.
  • Payment and Cancellation Terms
  • You may pay via PayPal subject to confirmation of payment by PayPal. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
  • It is clarified that PayPal is a service which provided by a third party which is not controlled by the Operator. Therefore, the Operator shall not be liable for any faults and/or errors including any security issues resulting from any payment via PayPal.
  • With accordance to any applicable law including the Israeli Consumer Protection Law-1981, purchasing of Forecasts is non-refundable.
  • Risk Disclosure, Liability and Limitation of Liability
  • The Users of the Service will be bound to the following terms in addition to all the Terms in this agreement. It is hereby clarified that none of the Content available on the Website shall be considered as any of the Operator’s opinion, recommendation or advice regarding any stock market trade and/or regarding its profitability.
  • Any use of the Website and any Content appearing in them should be used solely for basic knowledge and may not be considered as personal consulting, expert opinion, recommendation or any offer including, but not only, an offer to purchase, hold or sell any stocks, and shall not be considered as a recommendation or consultation regarding any transactions including stock market transactions. The Content and Forecasts provide only general knowledge and personal opinions of the Operator and is not a replacement for the User’s independent judgment and shall not be considered as a consultation of a licensed investor adviser. It is clarified that the Operator is not making any personal calculations regarding the data, needs and unique goals of the User and does not provide any personal consultation regarding any specific transactions which fit the User’s needs and wills.
  • The Operator does not warrant to You that any of Your actions using the Service and the Forecasts will neither provide You with a certain profit or yield, if any, nor avoid any potential loss and You are aware of the risks of Your use and You are aware that Your use is speculative. The Operator will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Content and the Forecasts and the Operator may not be considered as an entity which warranted any profit and/or yield. Any recommendations appearing in the Website are for illustrative purposes only and should not be exclusively relied on.
  • The Website may display various information including, but not only, trade activity times, stock rates, various events, other quotes, notifications, financial events and more. Such information is taken from third party sources which are not controlled by the Operator and therefore the Operator shall not be liable for the correctness, accuracy and completion of such information.
  • It is forbidden to use a false identity, to impersonate, and to mislead the Operator and/or the Users in any way whatsoever.
  • The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case.
  • The Operator and/or anyone on the Operator’s behalf is not responsible for any Content posted by third parties and/or any data appearing in the Website and/or Service which some of it is taken from external sources (which are known as third parties) and has no ability to inspect such content, and therefore cannot filter any of the Content and ensure its compliance with the Terms.
  • The Operator doesn’t control any Content which may be posted and/or uploaded to the Website by third parties and therefore cannot ensure or guarantee the accuracy and/or quality of such Content and/or certain trade data appearing in the Website. You understand that during Your use of the Website, You may be exposed to content which may be offensive, disturbing and/or inconvenient to You. Under no circumstances may the Operator be liable for any Content including any error and/or omission of Content and/or for any loss and/or damage of any kind caused by You and/or to You resulting of any of Your use of any Content which was published, uploaded, sent by email and/or available on the Website in any way.
  • You must be cautious and aware of the risks of using the Website and/or Service and Your reliance and/or reading the Content and/or the Forecasts in the Website, and You hereby warrant that any use of an advice and/or recommendation in the Website is at Your own responsibility and You will not have any claim against the Operator and/or anyone on its behalf regarding any damage occurred to You resulting from any use of such advice or recommendation.
  • The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service available in the Website including in the Forecasts. The User shall have no claim regarding his reliance on such information available on the Website and regarding the fact that based on the information, Forecasts and Content the User did not use other services including, but not only, individual consulting. You will have no claim regarding information and Content published and available on the Website and the Operator shall not be liable for any information and Content published on the Website and/or information acquired by third parties through the Website.
  • In the Website You may find various recommendations including, but not only, articles of the Operator and Forecasts. It is clarified that advertising and/or displaying of Content and/or any other things displayed in the Website shall not be considered as a recommendation or encouragement to engage in any trading including stock trading and/or use of any product and/or service of the Operator, and the Operator is not liable for any of the Your actions resulting from Your reading of the Content available in the Website. It is clarified that none of the information available on the Website should be considered as mandatory information and/or advice and You shall consult an investment advisor or any other relevant qualified professional regarding any information available on the Website, and You will not have any claim against the Operator regarding any damage caused to You and/or any third party resulting from Your reliance on information available on the Website.
  • The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website.
  • The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You.
  • The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
  • You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.
  • The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.

  • User’s Warranties
  • You hereby warrant to the Operator that You will not send through the Website to any third party which its details are available in the Website and You will not publish, post and/or upload any content which is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code and/or Website and/or Service containing viruses, malicious software and harmful Website and/or Services, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users and specifically the Website Users.
  • Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
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  • Contacting Third Parties
  • You are solely responsible for contacting any third parties including, but not only, any advertisers which may appear in the Website. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information available on the Website, and You shall not have any claim against the Operator regarding false information received by any third party. Without derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by third parties.
  • The ownership and the intellectual property rights of contents of third parties displayed in the Website is owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service, including any future changes to the Third Party Agreements.

  • Intellectual Property
  • All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
  • Without derogating from the above, the Website, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
  • You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
  • You may use the Content for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
  • You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent. The above does not apply for any use intended for research and instruction.
  • It is clarified that the Forecasts and any other product available for purchase on the Website is intended solely for Your personal use and You may not make any commercial use of them including, but not only, any use which may include the copy and/or distribution of the Forecasts for gaining any profit. The Operator solely sells you a personal-use license and not any ownership rights in the Forecasts and any other product available on the Website unless stated otherwise.
  • The ownership and the intellectual property rights of contents of third parties displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
  • The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address alon1122@gmail.com.
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  • Indemnification
  • You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.

  • Use of Personal Information
  • The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

  • Mailings
  • The Operator may offer its Users to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and text messages (the “Mailings”).
  • Upon registration, You may be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
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  • Security
  • The Website are protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
  • Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
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  • Term and Termination
  • This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
  • The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
  • The Operator reserves its rights, at its sole discretion, to amend the Terms at any time.  You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Website will be considered as consent to such amended terms.
  • The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
  • All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
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  • General Terms, Governing Law and Messages
  • This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
  • The Account in the Website is personal and non-transferrable.
  • If You have any inquiries regarding the Terms, You may address the Operator via email address alon1122@gmail.com.
  • The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of the city of Tel-Aviv for any litigation and/or dispute arising out of this Agreement.
  • All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.