Andrew Maguire Gold Trading Terms and Conditions

We are: Goldstar Global Ltd
We can be contacted: by email – info@andrewmaguiregoldtrading.com ;
by telephone – 02032860034 during normal business hours.
You are:  a user of our Services.

Please read the terms and conditions set out below carefully before registering with us to access the Service from this Website. By submitting an application to register with us you agree to be bound by these terms and conditions (“Terms and Conditions”).

Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any application form and payment instructions provided to you;
“Client”, “you”, “your” and “yours” are references to you the person accessing this Website and registering with us to use the Service;
“Licence Term” means the period during which you are authorised to access the Service which shall run for the applicable licence period which you have selected when you pay your Subscription Fee;
“Material” means the information and material available for you to view using the Service;
“Privacy Policy” is a reference to the policy we operate concerning the collection, processing and storage of personal data;
“Service(s)” means the trade information commentary and analysis which you may view via our Website;
 “we”, “us” and “our” are references to Andrew Maguire Gold Trading which is a trading name of Goldstar Global Ltd;
“Subscription Fee” is a reference to the fee payable by Clients to access the Service;
“Website” is a reference to our website www.andrewmaguiregoldtrading.com on which we provide the Service.

Registering with Us

  1. If you wish to use our Service you must first register with us. When subscribing for the Service you will be provided a username and password which you will need to provide each time you login to our Website. You must ensure that you keep these details secure and do not provide this information to a third party.
  2. Any contract for the supply of the Service from this Website is between you and Andrew Maguire Gold Trading.
  3. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registering with us. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible.
  4. You warrant that you have the legal capacity to enter this Agreement and, in the case of a business entity, that you are legally authorised to bind the entity to this Agreement.
  5. The contract for the Service will be accepted at the time we confirm this to you in writing. You must inform us immediately if any details are incorrect. If your subscription has not been accepted you will be notified of this in writing together with the reasons.

Our Service

  1. We offer Clients the opportunity to view live trades undertaken by Andrew Maguire and commentary. This Service is purely for education purposes and does not constitute the provision of financial advice. Any decisions which you make based on any information you have gained from the Services are made purely at your own risk.
  2.  In order to access the Service it is necessary to register and pay a Subscription Fee.
  3. Time is not of the essence for the delivery of any Service supplied under this Agreement.
  4. We shall use our reasonable endeavours to make the Service available to you at all times but we shall not, in any event, be liable for interruptions to or unavailability of the Service. Your ability to use and/or access the Service is dependent upon a number of factors which are beyond our reasonable control such as network capacity and telecommunication links. We therefore cannot guarantee that the Service will be available at all times or that it will be uninterrupted or error free. 
  5. It may occasionally be necessary to suspend the Service in order to undertake upgrades or remedy any faults with the Services and/or the Website. We will provide you with as much notice as is practicable of any planned suspension.
  6. Material provided by the Service is intended for general reference only. Application of that Material to any specific instance is your sole responsibility.

Subscription Fees

  1. In order to receive the Service you must pay a non-refundable Subscription Fee in advance of receiving the Service. The Subscription Fee is calculated based on the Licence Term which you have selected.
  2. Upon the expiry of the applicable Licence Term, we will automatically bill you for the applicable Subscription Fee to renew the Licence Term unless you have notified us in writing that you no longer wish to use the Service.
  3. Payment may be made either by credit or debit card using SagePay.
  4. Your access to the Service will automatically terminate if the applicable Subscription Fee (plus VAT) is not paid to us on time.
  5. All Subscription Fees listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Subscription Fees are subject to VAT where applicable.
  6. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Licence

  1. We hereby grant to you a non-exclusive, non-transferable, limited, personal, revocable, worldwide licence to access the Service during the Licence Term.
  2. The Licence Term shall commence on the date that we provide you with a valid password to access the Service and shall continue for the period which you have selected when you completed the application form to receive the Service unless otherwise terminated in accordance with this Agreement.
  3. The licence granted to the Client is personal to the Client and may not be transferred or assigned in whole or in part without our prior written consent. The licence is a named user licence which means that it may be only used by the named user of that licence.
  4. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, the Material, or the content of our Website in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Service cannot be shared or used by more than one individual without our express consent.
  5. When using the Service you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
  6. You are not permitted to download, copy, screenshot or reproduce in any way the Material displayed on the Website which is protected by copyright. Goldstar Global Ltd is the owner of all copyright in the Material.  You may view Material on screen only and you are not permitted to save Material on any electronic or magnetic media.

Our Website

  1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
  2. We aim to have the Website and the Service available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all service descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
  3. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

Your Information

  1. Where we have requested information from you to provide the Service, you agree to provide us with accurate and complete information.
  2. You authorise us to use, store or otherwise process your personal information in order to provide the Service to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the Service offered by such third parties may be of interest to you or where this is required by law or in order to provide the Service to you. The information will be used in accordance with our Privacy Policy.
  3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Cancellation and Termination

  1. You may cancel the Service at any time by emailing us. Once you cancel the Service the Licence Term will automatically terminate and you will not be entitled to access the Service.
  2. No refunds will be given for Subscription Fees paid in advance.   
  3. We may terminate the Service and this Agreement immediately on notice to the Client in the event that we reasonably consider or suspect that you have acted in breach of these Terms and Conditions.

Intellectual Property Rights

  1. All copyright, database rights, trade marks and other intellectual property rights in the Service and Material (including any such rights in our Website) and all similar and database rights in the Service and any Material remain the property of Goldstar Global Ltd or of the copyright owners (as the case may be) and are either owned by or licensed to us and nothing in these Terms and Conditions shall transfer any ownership rights to you. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website.
  2. The Client is granted a limited right to access the Service by way of a licence granted in accordance with these Terms and Conditions.

Linked Sites

Where there are links on our Website to third party websites these are either due to such third party providing a service to us or you or where we believe that such third party website may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

Complaints

We take complaints very seriously and aim to respond to your complaints within 2 business days. All complaints should be addressed to info@andrewmaguiregoldtrading.com.

Limitation of Liability, Disclaimer and Indemnity

  1. THE SERVICE PROVIDED UNDER THIS WEBSITE IS INTENDED AS AN EDUCATION AND INFORMATION SERVICE. THE SERVICE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS. IT DOES NOT CONSTITUTE THE PROVISION OF FINANCIAL ADVICE OR GUIDANCE TO YOU. WE ARE NOT REGISTERED WITH THE FINANCIAL CONDUCT AUTHORITY TO PROVIDE FINANCIAL ADVICE. ANY DECISIONS THAT YOU MAKE FOLLOWING YOUR USE OF THE SERVICE ARE ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT. WE SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGEMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOURS, WHETHER OR NOT BASED ON THE WEBSITE OR MATERIAL.
  2. WE DISCLAIM ANY AND ALL LIABILITY TO YOU FOR THE SERVICE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. IF WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE TO YOU SUCH LIABILITY IS LIMITED TO THE SUBSCRIPTION FEE THAT YOU HAVE PAID TO US IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING A CLAIM.
  3. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GOLDSTAR GLOBAL LTD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ACCESSING THE WEBSITE AND/ OR THE MATERIAL THROUGH YOU, ARISING FROM CONTRACT (INCLUDING UNDER ANY INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER ANY WARRANTY (EXPRESS OR IMPLIED) UNDER STATUTE OR OTHERWISE, IN EACH CASE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE TERMS AND CONDITIONS, THE MATERIAL AND / OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IN RESPECT OF ANY LOSS OF PROFITS, LOSS OF REVENUE, LOST BUSINESS, LOSS OF OPPORTUNITY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED OR ADVISED TO US.
  4. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website or the Service will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
  5. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Service or our Website.
  6. We shall not be held liable for any failure or delay in performing the Service where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
  7. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

General

  1. We may assign, subcontract or novate any part or parts of the Service that we provide to you from time to time and any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
  2. We may alter or vary the Terms and Conditions at any time.
  3. The Terms and Conditions together with the Privacy Policy, any application form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the website, these Terms and Conditions shall prevail.
  4. If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
  5. Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other may be given by hand or sent by first class pre-paid post to the other party at the registered office address of that party. 
  6. These Terms and Conditions and this Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
  7. No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
  8. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

November 2014.

Andrew Maguire Gold Trading  is a trading name of Goldstar Global Ltd (company registration number 05279042) which has a registered office address at Kemp House, 152 City Road, London, EC1V 2NX, England.