Terms and Conditions

Last updated: Aug 1, 2019

These Terms and Conditions (“Terms”) are a legal agreement between you and Piekarski Research International Ltd. (“us”, “we”, “our” or the “Company”) regarding your access to the following websites https://irekpiekarski.com and https://trading.irekpiekarski.com (“our websites”), and all content, information, products and services available on or through our websites (collectively, the “Services”).  

Please read these Terms carefully before using the Services. Your access to and use of the Services is based on your acceptance of and compliance with these Terms. They apply to all visitors, users and others who access or use the Services.

By accessing or using the Services, you agree to be bound by the most current version of these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use or access the Services.  

DISCLAIMERS

The Services and the information therein does not include, nor shall it be construed as including, advice, guidance or recommendations to take, or not to take, any actions or decisions in relation to any matter, including in relation to investments or the purchase or sale of any currencies, securities, shares or other assets of any kind. You understand and acknowledge that there is a very high degree of risk involved in trading. Do not trade with money that you cannot afford to lose. Past performance is not indicative of future returns. The information and content provided is impersonal and not adapted to any particular client, investor or investment program, hence you (and/or your business) are solely responsible for any financial, investment, trading, or other decisions.

You acknowledge that information obtained through the Services are not tailored for you or any specific person or business and should never be used as a substitute for financial or other professional advice. Should you take any such action or decision based on information in the Services, you do so entirely at your own risk. Irek Piekarski, Piekarski Research International Ltd. and its affiliates, and their respective representatives shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.

The Services are provided for general information only. It is not intended to amount to advice on which you should rely. It is your responsibility to obtain professional, specialist, financial, or investment advice before taking, or not taking, any action on the basis of the content on our site.

The Company makes no guarantees, representations or warranties of any kind as regards to our websites and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of the Province of British Columbia and the laws of Canada, as applicable. In such cases, the laws of the Province of British Columbia and/or the laws of Canada shall apply to the extent necessary.

Without limiting the generality of the foregoing, the Company and its subsidiaries, affiliates, and licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

If you breach any of these Terms and the Company chooses not to immediately act, or chooses not to act at all, the Company will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. The Company does not waive any of its rights and shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Payment Information, Subscriptions and Refund Policy

Payment Information

If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of such transactions.

Once you purchase a subscription to any Company service or material, when authorizing the Company to charge a payment card for the fees associated with your service(s) or material(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges, including any renewal fees as described below, associated with your subscription. At any time, the Company may change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.

Subscriptions and Refund Policy

All sales are final. Once access has been assigned to you there is nothing we can retrieve back. Therefore, we do not offer refunds. 

Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term. You can cancel on the website, or email support@irekpiekarski.com for assistance. 

We reserve the right to refuse or cancel your order at any time for any reason including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure of a transaction to complete, or any resulting loss or damages to you.

Your obligations hereunder, including your obligation to pay amounts owed under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Services.

If you take advantage of a free trial, you acknowledge and agree that your credit card will be automatically charged after the free trial expires, and you will automatically become a paid subscriber. If you do not wish to become a paid subscriber, it is your responsibility to cancel before the free trial expires. You can cancel on the website, or email support@irekpiekarski.com for assistance.

The free trial can only be utilized by brand new customers who have never been a member of, or had access to the service before. 

The payment of any taxes associated with the purchase of services or materials from the Company is your responsibility.

Availability, Errors and Inaccuracies

In order to provide exceptional and accurate content to our customers, we regularly update the products and information on our websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Further, the Company does not make any promise regarding the continuation of any current features or functionalities with respect to the Services.

Despite our best efforts, the products or services available on our websites may have an error regarding the price, be inaccurately described, or be unavailable. You may experience delays in updating information on our websites and in our advertising on other websites.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, the “Promotions”) made available through our websites may be available for a limited time and may be governed by rules that are separate from these Terms. If you participate in any of the Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for any of the Promotions conflict with these Terms, the Promotion rules will apply.

Content You Post on Our Websites

Our websites allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (the “Content”). You are responsible for the Content that you post to our websites, including its legality, reliability, and appropriateness. Except as otherwise provided in these Terms, you retain all of your rights to any Content you submit, post or display on or through our websites and you are responsible for protecting those rights.

By posting Content to our websites, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our websites, and for marketing, advertising and promotional purposes now or in the future. You agree that this license includes the right for us to make your Content available to other users of our websites, who may also use your Content subject to these Terms.

Each time you share Content through the Services, you represent and warrant that: (i) you own the Content or that you are permitted to use the Content and to grant us the rights and license to use such Content as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content through the Services, we are merely acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any contents or activities on the Services.

Use of Accounts, Passwords and Usernames

Any accounts that you create through the Services are intended for your personal use only and sharing your account or the content of the Services available through your subscription and account with any other party is strictly prohibited. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and access to any further Services.

We reserve the right to terminate your access to the Services if we believe that you are involved in fraudulent activity, including, but not limited to, using stolen credit cards, downloading our content illegally and sharing access to the Services and their content with others.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use; a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization; or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Services and all contents, including but not limited to text, video, images, graphics or code are the intellectual property of the Company and are protected by copyright, trademarks, database and other intellectual property rights. Any use of the Company’s intellectual property without the prior written consent of the Company is strictly prohibited and may violate copyright, trademark and other intellectual property laws. Any downloading or distribution of the Company’s intellectual property without the prior written consent of the Company is strictly prohibited and may violate copyright, trademark and other intellectual property laws. These Terms and access to the Services do not grant you a license to use any intellectual property of the Company or its affiliates and you are not permitted to utilize any intellectual property of the Company in any manner without the prior written consent of the Company. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.

Links to Other Websites

The Services may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination and Changes

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The Company may revise these Terms by updating this posting or communicating with you regarding the revisions via the contact information the Company has on record for you. Your continued use of the Services after such revisions have been either posted or communicated to you indicates your acceptance of all such revisions.

By continuing to access or use the Services you agree to be bound by such revisions. If you do not agree with the revisions, in whole or in part, please stop using the Services.

Minors

The Services and its associated contents are not intended for or directed towards children under 18 years of age. By accessing or using the Services, you affirm that you are over the age of 18.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its principals, officers, directors, shareholders, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, damages, losses of any kind, obligations, costs, actions, demands and legal fees and expenses (collectively, “claims”) directly or indirectly arising from, connected with or relating to your use of the Services and our websites or your negligence, misconduct, or breach of these Terms.  

These include but are not limited to any claims resulting from (a) your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Services; (d) any activity related to your account; (e) any loss of financial investment; (f) negligent or illegal conduct by you or any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.

LIMITATION OF LIABILITY

The Company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, financial loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Services; (ii) your inability to access or use the Services; (iii) any conduct or content of any third-party on or related to the Services; (iv) any content obtained from or through the Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

The Company will not be liable or responsible for any loss or damage caused by a virus, or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the Province of British Columbia and the laws of Canada, as applicable.  You agree to submit to the jurisdiction of the courts of the Province of British Columbia to settle any disputes.

Entire Agreement and Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.

Other Terms

You and the Company are non-exclusive, independent contracting parties, and nothing in these Terms or done pursuant to these Terms will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and the Company. Upon request by the Company, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms.

Contact Us

If you have any questions about these Terms, please contact us by email at info@irekpiekarski.com.

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