TERMS AND CONDITIONS

Validity of the terms and conditions

Simply by establishing a connection to the website cfc-algorithm-trading.com, that of CFC Service & Administration Ltd., or related websites, the respective user recognizes the following general terms and conditions as binding upon them.

The contractual partner of the user is
CFC Service & Administration Ltd.
Kemp House,
160 City Road,
London, EC1V 2NX
United Kingdom
Website: cfc-algorithm-trading.com / cfc-algorithm-trading.de
e-mail: kontakt @ cfc-algorithm-trading.de or contact @ cfc-algorithm-trading.com

Registration number UK: 11088328

Managing director: Thorsten Schuell

The contractual partner is hereinafter referred to as CFC.

These terms and conditions apply to all digital content provided free of charge and against payment (including website content, newsletters, blog, tools, apps, ePublications). They apply to the first and each subsequent future individual retrieval of ePublications, books and products, even if the user no longer expressly confirms the validity of these terms and conditions in future when visiting / calling up content / products.

The terms and conditions of the app apply in addition to these terms and conditions. If the terms and conditions contradict each other, these terms and conditions take precedence over the terms and conditions of the app.

General

2.1 The following general terms and conditions (GTC) in the currently valid version apply exclusively to all business relationships. Users or customers (hereinafter always referred to as users) within the meaning of these terms and conditions can be both consumers and entrepreneurs.

2.2 An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.

2.3 A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity.

2.4 Conflicting terms and conditions of the user are only effective if they have been expressly recognized by CFC in writing.

2.5 Agreements that differ from or supplement these terms and conditions must be made in writing and be signed by both parties.

2.6 By agreeing to these terms and conditions, the user confirms that they are at least 18 years old and have full legal capacity.

Liability

3.1 Our newsletters, e-publications, website content (e.g. blog), apps and the corresponding web software (chart calculations) as well as books are for informational purposes only and are not to be understood as instructions for action. Each user decides independently whether he or she wants to use certain offers or engage in actions.

3.2 The information we provide is always researched to the best of our knowledge and belief. Unfortunately, the actions described in the context of newsletters, e-publications, website content (e.g. blog), apps and the corresponding web software (chart calculations) as well as books can result in short-term changes over which CFC has no influence. CFC is therefore not liable for the feasibility or correctness of the facts described in newsletters, ePublications, on the website (e.g. blog or the calculated results), in the app and the corresponding web software (chart calculation) as well as in books .

3.3 Likewise, no liability is assumed for any damage caused by improper use by the user of information from newsletters, e-publications, website content (e.g. blog), apps and the corresponding web software (chart calculation) as well as books or by CFC; when these publications are created, changes to the promotion and promotion conditions are not known.

3.4 As part of our memberships, we offer comprehensive advice on how to use the app / software. This is also done to the best of our knowledge and belief. Liability for practicability and correctness is excluded.

3.5 CFC is not liable for the content of third parties, even if reference is made to them via links or in newsletters, e-publications and / or books from CFC.

3.6 In particular, CFC cannot accept any liability for the freedom from viruses and other harmful programs such as spyware, trojans and the like on third-party sites, even if they are accessed via links or in newsletters, e-publications, on the website (e.g. blog), in the app or in the corresponding web software (chart calculations) and books.

3.7 Excluded from the limitation of liability are claims for damages by the user arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by CFC Thorsten Schuell UK Ltd., their legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

3.8 In the event of a breach of essential contractual obligations, CFC is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the user is entitled to compensation for damage to life, limb or health.

3.9 The above restrictions also apply in favor of the legal representatives and vicarious agents of CFC Thorsten Schuell UK Ltd. if claims are asserted directly against them. The limitations of liability do not apply if CFC fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the parties have made an agreement on the nature of the item. The provisions of the Consumer Protection Act remain unaffected.

Registration on our website and password

4.1 The user must register in order to be able to purchase products in our online shop. Initially, there are no costs or contractual obligations or payment obligations. Costs are only incurred after the order has been confirmed by clicking the “PLACE ORDER” button.

4.2 By registering, the user agrees that the data entered will be checked for plausibility. The user is obliged to keep his/her data up-to-date and, if necessary, to notify CFC of any changes, if relevant for the contractual relationship, online, by email or in writing.

4.3 CFC is entitled to refuse or revoke a registration – even without giving reasons.

4.4 The user is obliged to protect his/her password and not to pass it on to third parties. If third parties learn the password, the user undertakes to change it immediately.

4.5 If the user has forgotten his/her password, (s)he can request an automatically generated new password at any time under the login and then change it again in his/her premium login area.

Accessibility of our website

As part of the login area, we grant our users access to ebooks, various e-publications and tools, depending on the products purchased. In addition, it is only possible to access website content in the blog that is restricted to members only with the login. Usually this is possible 24 hours a day. However, we cannot guarantee the availability of our service. CFC is also not liable for any disruptions of the Internet.

Offer, conclusion of contract

6.1 The products and services listed in the CFC online shop do not represent binding offers on the seller; it is rather a request to the user to submit a binding offer by placing an order.

6.2 By sending the order from the “virtual shopping cart” with the help of the button “PLACE ORDER”, the user submits a binding order for the articles contained in this. CFC will immediately confirm receipt of this order by email.

6.3 The purchase contract is concluded with the express acceptance of the order in text form (order confirmation email) or delivery of the goods or activation of the member profile or the download links by CFC. In this respect, CFC is entitled to accept the customer’s contractual offer within three working days of receipt of the order.

6.4 Payment is due within 10 working days after the conclusion of the contract. After full payment, CFC issues an invoice to the user. The customer receives a receipt in advance stating the value of the order (pro forma invoice).

Prices and shipping costs

7.1 The indicated price is a final price plus shipping costs. However, these only apply to physical products (e.g. the print version of the CFC manual – currently not available) and do not apply to all e-products. The following graduation applies.

Graduated shipping costs:

within Germany: 5 euros

within the EU: 10 euros

to the rest of the world: 20 euros

7.2 Annual prices are shown for the various “Membership” products. The minimum contract duration is always 12 months. Monthly billing is not possible.

7.3 The item price or shipping costs do not include import duties and fees. The buyer is responsible for these costs. Before you buy a physical article (e.g. CFC manual as a print version – currently not available), please ask the customs authorities in your country how high these additional costs can be. These charges are usually collected by the shipping company or carrier on delivery or when you pick the item up. These charges are not additional shipping costs.

7.4 We do not declare articles below value or as a gift. The laws of the United Kingdom and other countries do not allow this.

8. Usage of forms and usage rights of the customer for eBooks

8.1 Ebooks include all publications that CFC offers or makes available to its customers electronically in the context of the shop or as part of a membership package.

8.2 In return for payment of the agreed price, the seller grants the customer the non-exclusive, non-transferable right to use the eBook provided by the seller in electronic form exclusively for his or her own use. This includes, in particular, the use of the eBook for the purpose of information. Content can also be used by family members living in the same household.

8.3 The purchased ebooks are only made available in the personal premium area in the Downloads sub-section and can be viewed and downloaded there in the form of a pdf.

8.4 The user is responsible for saving the purchased ebooks in good time for later use on his or her computer in the event that these are no longer available as a PDF document in the download area at a later time due to new publications.

8.5 Only the version of the purchased ePublication that is valid at the time of the order is available in the download area. Future updates must be purchased separately, unless the user is a premium member at the platinum or diamond level. In the latter case, the user always has access to the latest ePublications – provided that these are included in the respective membership.

8.6 If not approved in writing by CFC in advance, public reproduction or other further publication as well as commercial duplication for resale or distribution of the ebooks or parts thereof are expressly excluded.

8.7 For each case of culpable violation of these usage restrictions, a contractual penalty of 5,000 euros must be paid to CFC (due immediately), unless the user can prove that CFC suffered no or only minor damage. The assertion of further damage as well as injunctive relief remains unaffected by this.

8.8 For orders of ebooks in print format (currently not possible), the aforementioned rules on usage rights and restrictions apply accordingly.

9. Forms of use and rights of use of the customer with membership

9.1 CFC offers three different product memberships. Each product membership offers a different scope of services, which is described in the product overview.

9.2 CFC has the right at any time not to offer any further product memberships if the maximum capacity has been reached.

9.3 Duration and termination conditions

Each product membership has a minimum term of one year (12 months) and is automatically extended by a further year if it is not canceled in writing or electronically by the member at least one month before it expires. The notice of termination can be sent to CFC either by post, email or via the contact form. The date of the postmark or the date of receipt of the email or inquiry applies.

Notice of termination by post must be sent to:
CFC Service & Administration Ltd.
Kemp House,
160 City Road,
London, EC1V 2NX
United Kingdom

A termination by email with the subject “termination” must be sent to: kuendigung @ cfc-algorithm-trading.de

A cancellation via the contact form (recommended option) is to be sent with the subject “Cancellation” via the following link.

9.4 Product membership is always personal and the prices stated in the shop always refer to the use of the membership by one person. However, a caveat is that the user can also use deals for people living in the same household (e.g. a life partner). Therefore, only status levels and subscriptions included are exclusively personal.

9.5 It is not permitted to give other people who do not live in your own household access to the services of a product membership if they have not paid the annual membership fee. In particular, posting CFC documents or parts thereof on the Internet (e.g. in forums) or on an intranet, be it in open or closed areas, is expressly prohibited. The same applies to the transfer of login data for the joint use of a product membership account. For each case of culpable violation of this restriction of use, a contractual penalty of 8,000 euros must be paid to CFC (due immediately), unless the user can prove that CFC suffered no or only minor damage. The assertion of further damage as well as injunctive relief remains unaffected by this.

9.6 The right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the relationship of trust between the contracting parties is permanently disrupted.

10. Forms of use and the customer’s rights of use for the CFC app

10.1 The CFC app for iPhone, iPad and Android can be downloaded and used free of charge from the Apple App Store or GooglePlay (the new app for iPhone is expected to be available in November 2021, for Android in early 2022). The following rules apply:

10.1.1 If an app user is not a product member, he or she only has access to content that is approved for all users, as in the blog and on the website.

10.1.2 If an app user is a product member, there are additional access rights and the option of being able to set filters in the app to a certain extent.

10.1.3 When a product membership expires, access is again limited to the blog and website content released for all users.

10.2 It is not permitted to give third parties access to the exclusive areas of the app that are linked to product membership. A transfer of login data to third parties is therefore expressly excluded and is also checked regularly with the help of so-called tokens.

10.3 For the rest, reference is made to the terms and conditions of the app. These can be called up directly in the app.

11. Copyright and copyrights

11.1 The newsletters and e-publications distributed by CFC, website content (e.g. blog) and books as well as the images used on the website and in publications are protected by copyright. The user undertakes to recognize and comply with copyrights.

11.2 No copyrights, rights of use or other property rights to newsletters, ePublications, website content (e.g. blog), books or images are transferred to the user. The user is only entitled to use the newsletters, e-publications, website content (e.g. blog) and books received for their own purposes. He is not entitled to make the newsletters, ePublications, website content (e.g. blog) or books or extracts from them available to third parties on the Internet, via intranets, via extranets or in any other way or to use them in any other way.

11.3 Public reproduction or other further publication, commercial duplication and resale of the newsletters, ePublications, website content (e.g. blog), books, images (in whole or in part) or calculation results of the AI (in whole or in part) are expressly excluded .

11.4 The user may not remove copyright notices and other legal reservations in the newsletters, e-publications, website content (e.g. blog), books or images received.

11.5 For each case of culpable infringement of the aforementioned copyright regulations, a contractual penalty of 8,000 euros must be paid to CFC (due immediately), unless the user can prove that CFC suffered no or only minor damage. The assertion of further damage as well as injunctive relief remains unaffected by this.

12. Payment

12.1 We offer most of the common payment methods in the CFC Shop.

12.2 CFC does not save any payment information in the context of the shop processing – the input and storage takes place exclusively on the SSL secured pages of our payment partners.

12.3 We only accept prepayment for all of our products, i.e. the items ordered will only be shipped or access and download rights will only be activated once the payment has been received in the agreed amount.

12.4 In the case of transfers from abroad, any transfer fees are to be borne in full by the buyer. CFC reserves the right to adjust the term of an acquired premium membership in the amount of the transfer fees passed on to the seller.

12.5 If the due date of the payment is determined according to the calendar, the user is already in default by missing that date. In this case, he or she has to pay CFC default interest of 5 percentage points above the base rate for the year (pro rata). If the user is an entrepreneur, the default interest is 9 percentage points above the base rate.

12.6 The user’s obligation to pay default interest does not exclude the assertion of further damage caused by default to CFC. The user reserves the right to prove that CFC has suffered less damage.

12.7 If the user is in default of payment, CFC is entitled to withdraw from the contract.

13. Dispute settlement for consumers

13.1 The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

13.2 CFC is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

14. Final provisions

14.1 Subject to change

CFC reserves the right to change or add to these terms and conditions at any time without giving reasons. CFC will inform the user in good time of changes. By continuing to use the website in your capacity as a product member or customer, you confirm that you agree to the changes made and that the applicable terms and conditions are binding upon you. CFC therefore recommends its product members and customers to read the terms and conditions regularly.

14.2 Conflicting Clauses

Where there is or appear to be a contradiction between individual provisions of these terms and conditions and special provisions for the use of individual sub-areas (e.g. premium login area) or modules of the CFC website (e.g. top offers), the special provisions for the use of these sub-areas or modules is given priority over the contradicting provisions of the General Terms and Conditions with regard to the use of the corresponding sub-area or module.

14.3 Force majeure

Under no circumstances can CFC be held liable for delays or non-performance that are based directly or indirectly on forces of nature, force majeure or uncontrollable circumstances. This includes, but is not limited to, the following reasons: Internet failures, computer equipment, software, telecommunications equipment, power outages, strikes, labor disputes, riots, social unrest, fires, floods, storms, explosions, forces of nature, political acts, war, Instructions from national or international courts, failure to perform by third parties.

14.4 Severability Clause

Should individual provisions of these terms and conditions be or become ineffective or unenforceable, this shall not affect the effectiveness or enforceability of the remaining provisions. The contracting parties undertake to replace an ineffective / unenforceable provision with an effective / enforceable provision that comes as close as possible to the economically intended meaning and purpose of the ineffective provision. This applies accordingly to loopholes in the contract.

14.5 Applicable law and place of jurisdiction

The law of England and Wales applies to contracts between the parties. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the user as a consumer has his habitual residence, remain unaffected.

The place of jurisdiction for all disputes arising from contractual relationships between the user and CFC is that of the headquarters of CFC Thorsten Schuell UK Ltd.