Membership at Neonway ClubNeonway distributes a free stock market analysis software. In addition to the software, Neonway continues to offer the possibility of a Pro membership in Neonway Club. The Neonway Club offers a variety of further benefits. Membership is not free. All conditions of membership are set out in the following paragraphs. § 2 Benefits of Neonway Neonway is willing to provide a variety of benefits to the Pro member, in accordance to the following service description and therin followed terms.
* The list of the services, entering into base set: • Templates • Timeframe • Time Splitter • Representations of the price data (linear, bar and candle schedules) • The Set 40 user indicators • The Debugger of indicators • The Analysis of structure of indexes • Actualization of the historical data • Updating of the historical given actions with Yahoo server • The Assistant to search to actions • WebInfo • The "Pointer Mode" • Interval Splitter • The Mode of the information index • Drawing Tools • The Arithmetic calculator • The capitalisation Calculator § 3 Registration as Pro member and contract 1. The use of Pro membership requires a registration. The registration process works by entering the required data in the space provided on-line form on the homepage www.neonway.com. By completing the registration process, the Registrant submits a binding offer to enter the paid Pro membership contract with Neonway. The successful transmission of data is confirmed by Neonway's e-mail. This receipt does not constitute binding acceptance of the membership application. The Pro Membership comes about only when Neonway expressly accepts the offer and when Neonway has received the membership fee. The declaration of the admission in Neonway club is via a separate e-mail. 2. Yearly subscription: 13,99 Euro 3. Neonway is entitled to reject the registration, even in the case when all credentials for the affiliation as a Pro member are present, without any giving reasons. § 4 Revocation Consumer Withdrawal right (Back guarantee) You may cancel your contract without giving any reasons within two weeks in writing (eg letter, fax, e-mail) The time limit begins after the receipt of this instruction in writing, but not before the conclusion of the contract and fulfillment our obligations pursuant § 312c Section 2 BGB in association with § 1 Sections 1, 2 a.m. to 4 p.m. BGB InfoV as well as our obligations in accordance with § 312e Section 1 Clause 1 BGB in association with § 3 BGB InfoV. In order to safeguard the withdrawal period it is sufficient/ enough to send the revocation. The revocation must be sent to: Neonway Siemensstr. 14 D-64289 Darmstadt • Email: info@neonway.com • Phone: (+49)176-67208129 • Phone: (+49)163-7384009 • Fax: (+49)6151-5204-1053 Consequences of Withdrawal In case of effective cancellation, the mutually received benefits have to be returned and possibly drawn uses to surrender (e.g. interests). This may mean that you must meet neverthels with the contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you with the dispatch of your revocation, for us with their reception. Cautions Your right of withdrawal expires prematurely, if Neonway has started the execution of the service with your express/explicitly/expressly consent/agreement before the end of the withdrawal period, or if you have arranged them yourself. No withdrawal as an entrepreneur/employer If the user as an entrepreneur claimes the services of Neonway, while exercising his independent trade or profession, he has no right of cancellation. § 5 Ancillary 1. As Pro members of Neonway there are different behavioral obligations described below, whose non-compliance can lead to disadvantages, including termination and / or damages. 2. The Pro member has a. to provide complete and truthful information for/to the necessary/required registration and other necessary/required queries b. to ensure that the product key is made available to any third party, c. to stop any use of benefits under the Pro Membership on their own account by third parties, d. to inform Neonway immediately if there is an improper use of the Produktkeys and / or the member accounts. 3. The Pro member is also commited to use the services of Neonway neither to legally or immoral manner: the Pro member is particularly committed to respect the relevant laws and the rights of third parties. 4. In a breach of duty as Pro member, pursuant to § 5 para 2 a.m. to 3 p.m. of those Membership Terms, Neonway is entitled at its option, to exclude the Pro member temporarily or permanently from the operating Pro Membership Services or to terminate him without notice. 5. The Pro member has to replace Neonway the resulting damage caused from a breach of duty, except that the Pro member is not responsible for the damage. The Pro Member dispense Neonway from all disadvantages that arise by claims of third parties due to the Pro member representing harmful actions. § 6 Copyright The Pro member will comply in particular with the copyrights of Star Trader software provided by Neonway in accordance to the general license terms of the Star Trader software, also regarding additional unlocked software features. § 7 Confidentiality and Privacy The data provided by the Pro Member will be stored and processed by Neonway solely for the purposes arising from this contract in compliance with relevant statutory regulations on data protection. § 8 Liability 1.Neonway provides a compensation or replacement of unavailing expenditures regarding to the membership ,whatever the legal cause is (for example, of legal transactions and similar legal transactions obligations, breach of duty and tort), within following limits: a. The liability of intent and of guarantee is unlimited. For injury to life and limb, and for claims under the Product Liability Act, the statutory regulations are counting. b. In case of gross negligence, Neonway is liable to companies with respect to the typical amount and according foreseeable damages at contract conclusion. With consumers Neonway has unlimited liability. c. The case of negligent breach of a fundamental obligation, which only its proper execution can enable the contract purpose and where the liable contractor shall trust regulary of their compliance, Neonway is only liable to the amount of the membership fee. Moreover, the liability for simple negligence is excluded. 2. Neonway always remains open to the objection of contributory negligence from Pro members . The Pro member has in particular the duty to operate the backup after the current state of the art. 3. As far as the liability is excluded or restricted by Neonway, this is also considered to the personal liability of employees, representatives and vicarious agents of Neonway. 4. Neonway is not liable for the consequences of defects, disorders and / or interruptions of service provided by Neonway if they are not represented by Neonway, especially when disturbances of generally accessible telecommunications equipment, networks, services are not operated by Neonway. 5. The liability regarding the Star Trader software applies exclusively to the liability provisions of the license agreement. Any further liabilities are as well in terms of unlocked software features excluded. § 9 Term and Termination 1. In an individual case the Pro membership will be closed for the duration of one year, unless an agreement has been reached to the contrary. After termination of the contract period the membership shuts off automatically. An implied renewal is impossible. 2. The right of termination with a significant cause remains unaffected. A failure of the membership fee, as well a violation of § 6 of the membership conditions, are considered as subjects for a termination of significant causes. 3. The termination must be declared in writing by both parties or by fax. § 10 Amendments of membership conditions Neonway has the right to change the contents of the local membership requirements at any time. In the case of a change in the Membership Terms Neonway will inform the Pro member about the amendment, appointing the reason and the concrete volume in written form by mail. These amendments are considered as approved if the Pro member does not contradict them in writing. Neonway will particularly point out the consequences in the notification email to the Pro member. The objection must be received at Neonway within six weeks after the receipt of the notification email . Does the Pro member exercise his right of appeal, the amendment will be considered as rejected. The contract will then continue without the changes, but may be terminated at any time without notice by Neonway. § 11 Miscellaneous 1. It is only the law of the Federal Republic of Germany. Performance and jurisdiction for all disputes arising from or in connection with these membership conditions with merchants or legal persons is Darmstadt. 2. All explanations from Neonway‘s pages can be directed electronically to the Pro member. 3. Shall individual provisions of the Treaty be wholly or partly ineffective or become ineffective, the validity of the remaining provisions remains unaffected. In this case the parties commit themselves supplementary contract negotiations to replace the invalid provision with a valid provision , which economically serves the objectives of the parties at best. The same applies to eventually Emerging regulatory gaps. |
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