TERMS OF USE
PLEASE READ THESE
TERMS CAREFULLY
BY
BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO
NOT BUY THE APP.
Who we are and what this agreement does
WE are Roemer Capital (Europe) Ltd, a private
company incorporated and registered in Cyprus with company number HE 333287,
whose registered office is at 17 Georgiou
Karaiskaki Street, LIMASSOL
BUSINESS CENTRE, Floor 4, Office 4, 3032 Limassol, Cyprus, holding CySEC
Licence N 305/16 of 5 August 2016 available at
https://www.cysec.gov.cy/en-GB/entities/investment-firms/cypriot/80590/.
We license you to use:
·
Römer
Capital Trading mobile application software, the data supplied with the
software, (App) and any updates or supplements to
it.
·
The
related online or electronic
documentation (Documentation).
·
The
service you connect to via the App and the content we provide to you through it
(Service).
as permitted in these terms.
Under data protection legislation, we are
required to provide you with certain information including who we are, how we
process your personal data and for what purposes and your rights in relation to
your personal data and how to exercise them. This information is published on
our official website www.roemercapital.com/disclosures and it is important
that you read that information.
In addition the Services will be governed by
our terms of business available at our official website www.roemercapital.com/disclosures and any other
separate contract or agreement entered into between you and us on the same
subject matter.
Support for the App and how to tell us about problems
Support. If you want to
learn more about the App or the Service or have any problems using them please
take a look at our support resources at www.roemercapital.com.
Contacting
us (including with complaints). If you think the App or the Services are
faulty or misdescribed or wish to contact us for any other reason, please email
our customer service team at crm@roemercapital.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or call,
using the contact details you have provided to us.
In return for your agreeing to comply with
these terms you may:
·
download
or stream a copy of the App to your device(s) and view, use and display the App
and the Service on such devices for your personal purposes only.
·
use
any Documentation to support your permitted use of the App and the Service. and
·
receive
and use any free supplementary software code or update of the App incorporating
"patches" and corrections of errors as we may provide to you.
You must be 18 to accept these terms and use the App
You must be 18 or over to accept these terms
and use the App.
You may not transfer the App to someone else
We are giving you personally the right to use
the App and the Service as set out above. You may not otherwise transfer the
App or the Service to someone else, whether for money, for anything else or for
free. If you sell any device on which the App is installed, you must remove the
App from it.
We may need to change these terms to reflect
changes in law or best practice or to deal with additional features which we
introduce.
We will give you prior notice of any change by
sending you an email or SMS with details of the change or notifying you of a
change when you next start the App.
If you do not
accept the notified changes you will not be permitted to continue to use the
App and the Service.
Update to the App and
changes to the Service
From time to
time we may automatically update the App and change the Service to improve
performance, enhance functionality, reflect changes to the operating system or
address security issues. Alternatively,
we may ask you to update the App for these reasons.
If you choose
not to install such updates or if you opt out of automatic updates you may not
be able to continue using the App and the Services.
If someone else owns the phone or device you are using
You should not
download or stream the App onto any phone or other device not owned by you. You
will be responsible for complying with these terms, whether or not you own the
phone or other device.
We are not responsible
for other websites you link to
The App or any Service may contain links to
other independent websites which are not provided by us. Such independent sites
are not under our control, and we are not responsible for and have not checked
and approved their content or their privacy policies (if any).
You will need to make your own independent
judgement about whether to use any such independent sites, including whether to
buy any products or services offered by them.
You agree that you will:
·
not rent, lease,
sub-license, loan, provide, or otherwise make available, the App or the
Services in any form, in whole or in part to any person without prior written
consent from us;
·
not copy the App,
Documentation or Services, except as part of the normal use of the App or where
it is necessary for the purpose of back-up or operational security;
·
not translate, merge,
adapt, vary, alter or modify, the whole or any part of the App, Documentation
or Services nor permit the App or the Services or any part of them to be
combined with, or become incorporated in, any other programs, except as
necessary to use the App and the Services on devices as permitted in these
terms;
·
not disassemble,
de-compile, reverse engineer or create derivative works based on the whole or
any part of the App or the Services nor attempt to do any such things;
·
comply
with all applicable technology control or export laws and regulations that
apply to the technology used or supported by the App or any Service.
You must:
·
not use the App or any
Service in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with these terms, or act fraudulently or maliciously, for example,
by hacking into or inserting malicious code, such as viruses, or harmful data,
into the App, any Service or any operating system;
·
not infringe our
intellectual property rights or those of any third party in relation to your
use of the App or any Service, including by the submission of any material (to
the extent that such use is not licensed by these terms);
·
not transmit any
material that is defamatory, offensive or otherwise objectionable in relation
to your use of the App or any Service;
·
not
use the App or any Service in a way that could damage, disable, overburden,
impair or compromise our systems or security or interfere with other users; and
·
not
collect or harvest any information or data from any Service or our systems or
attempt to decipher any transmissions to or from the servers running any
Service.
All
intellectual property rights in the App, the Documentation and the Services
throughout the world belong to us (or our licensors) and the rights in the App
and the Services are licensed (not sold) to you. You have no intellectual
property rights in, or to, the App, the Documentation or the Services other
than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
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 these terms or our failing to use reasonable
care and skill, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if either it is obvious that it will
happen or if, at the time you accepted these terms, both we and you knew it
might happen.
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 or for fraud or
fraudulent misrepresentation.
When we
are liable for damage to your property. If defective digital content that we have
supplied damages a device or digital content belonging to you, we will either
repair the damage or pay you compensation. However, we will not be liable for
damage that you could have avoided by following our advice to apply an update
offered to you free of charge or for damage that was caused by you failing to
correctly follow installation instructions or to have in place the minimum
system requirements advised by us.
We are
not liable for business losses. The App is for domestic and private use. If
you use the App for any commercial, business or resale purpose we will have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes
only. They do not offer advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action
on the basis of information obtained from the App or the Service. Although we
make reasonable efforts to update the information provided by the App and the
Service, we make no representations, warranties or guarantees, whether express
or implied, that such information is accurate, complete or up to date. We do
not undertake to provide you with access to any additional information or to
correct any inaccuracies in it which may become apparent. Nothing in the App
constitutes investment, legal, accounting or tax advice, or a representation
that any investment or strategy is suitable or appropriate for individual
circumstances, or otherwise constitutes a personal recommendation for any
specific investor or establishes an advisory relationship. Nothing contained in
this App amounts to any warranty or guarantee (express or implied) as to
results to be obtained from use of the information contained herein or
performance or profitability of any investment. All and any such responsibility
and liability are expressly disclaimed. All investments are subject to risk of
unpredictable loss in value, which may extend to a total loss of initial
investment. Past performance is not a reliable indicator of future results.
Performance forecasts are not a reliable indicator of future performance. Trading securities may not be appropriate for
all investors. Any opinions in this publication reflect judgement as of the
date they are expressed and are subject to change without notice. This App and
the Services are not directed to, or intended for distribution to or use by any
person who is a citizen or resident of, or an entity located in any territory
where such distribution, publication, availability or use would be contrary to
or restricted by law or regulation.
Please
back-up content and data used with the App. We recommend that you back up any
content and data used in connection with the App, to protect yourself in case
of problems with the App or the Service.
Check
that the App and the Services are suitable for you. The App and the
Services have not been developed to meet your individual requirements. Please
check that the facilities and functions of the App and the Services (as described on the
appstore site and in the Documentation) meet
your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services
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 your contract with us and receive a
refund for any Services you have paid for but not received.
We may end your rights to use the App and the Services if you break
these terms
We may end your
rights to use the App and Services at any time by contacting you if you have
broken these terms in a serious way. If what you have done can be put right we
will give you a reasonable opportunity to do so.
If we end your rights to use the App and
Services:
·
You
must stop all activities authorised by these terms, including your use of the
App and any Services.
·
You
must delete or remove the App from all devices in your possession and
immediately destroy all copies of the App which you have and confirm to us that
you have done this.
·
We
may remotely access your devices and remove the App from them and cease
providing you with access to the Services.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your
obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any
rights of third parties to enforce any term of this agreement.
If a court finds part of this contract illegal, 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.
Even if we delay in enforcing this contract, we can still enforce it
later
Even if we
delay in enforcing this agreement, 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 agreement, that will not mean that you do not have to do those things and
it will not prevent us taking steps against you at a later date.
Which laws apply to this agreement and where you may bring legal
proceedings
These terms are
governed by Cyprus law and you can bring legal proceedings in respect of the
products in the Cyprus courts.