Terms and Conditions
Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 They are also your agreement with us in relation to your subscription to the service which is an online/web-based market analysis and trade signal service. They set out the terms and conditions under which Bull Bear Forex authorizes you, the subscriber or trialist, to use the service from the date of the start of the subscription or trial until its termination. It is your responsibility to satisfy yourself that the service meets your particular requirements.
1.3 By using our website, you accept and agree to these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Allowed users & jurisdictions
2.1 Our website is directed at persons resident and situated in any country or jurisdiction worldwide without any limitations.
2.2 We do not warrant that our website complies with the applicable laws or regulations of a particular jurisdiction which a user is resident or situated in.
2.3 You must not access or use our website unless you are lawfully able to do so. Should you, in the jurisdiction you are resident or situated in, be subject to restrictions where local laws or regulations prohibit the publication of or access to the information provided on our website, you must not use our website.
2.4 Subject to Section 17.1, we do not accept any liability for any loss or damage resulting from, or related to, the availability of our website or any of our website content.
3. Copyright notice
3.1 Copyright © 2021 Bull Bear Forex.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Permission to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
(d) use our dynamic website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any restricted material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may share links to our website in print and electronic form with any person.
4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Misuse of website
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use restricted data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
5.2 You must not use restricted data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Use on behalf of organization
6.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organizational project,
to these terms and conditions, and in these circumstances, references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
7. Registration and accounts
7.1 To be eligible for an account on our website under this Section 7, you must be 18 years of age, agree to these terms and conditions and be resident of or situated in a jurisdiction where the use of this website is legal.
7.2 You may register for an account with our website by completing and submitting the account registration form on our website whereupon you will receive any automatic confirmation email of informative nature.
7.3 Each registration is for a single user only; multiple users, no matter if individuals, on a network or within an organization, using the same login data, are not allowed.
7.4 You may not create additional registration or subscription accounts for the benefit of others or yourself for the attempt to generate a new free trial period.
7.5 You must not allow any other person to use your account to access the website.
7.6 You must not transfer your subscription to any third party.
7.7 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
7.8 You must not use any other person’s account to access the website.
7.9 You must not use the service as a sub-contractor for any third party.
8. User login details
8.1 If you register for an account with our website, you will be asked to choose a password. We recommend that you choose no obvious password and that you change it regularly. After the registration, we will provide you with a user name.
8.2 Your user account must not be liable to mislead and must comply with the content rules set out in Section 14; you must not use your account or user name for or in connection with the impersonation of any person.
8.3 You must keep your login data confidential and are not allowed to share your username and/or password with, or loan, lease or copy to anyone else or give access to our restricted website content through your login data to anyone else.
8.4 You must notify us in writing immediately if you become aware of any breach of security, such as the disclosure or theft of your username and password, or payment information.
8.5 You are responsible for any activity on our website by you, or anyone else, arising out of any failure to keep your login data confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 9.1.
9.2 In case we cancel or suspend your account due to a breach of these terms and conditions by you, you are not eligible for a refund.
9.3 You may cancel your account on our website by contacting us with your request by email.
10.1 To become a subscriber to our website services, you must click the 7-Day Trial button on the pricing page or market scanner page, enter the requested data, register an account with our website, enter your details, choose your desired instruments, confirm these terms and conditions and subscribe to our 7 days free trial during the registration procedure. Thereafter, we will send you an acknowledgement of your order as acceptance and order confirmation, at which point the contract between us for the supply of the website services shall come into force. Thereafter, if you don’t cancel the subscription until the end of the free trial period, you must pay the applicable subscription fees.
10.2 You will have the opportunity to identify and correct input errors prior to making your order by using the “previous/next step” buttons during the registration process. Thereafter, you can change at any time the following account details in the membership section: password, email address, names, billing information, instruments subscribed for, and subscription plan.
10.3 You can upgrade or downgrade your subscription plan at any time in the membership section. Changes come by standard into force with the start of the next subscription period, but downgrades always. Upgrades can come into force, upon your request, with immediate effect if you pay to us the difference in the subscription fee between the higher tier subscription upgraded to and the lower tier subscription upgraded from for the remaining time until the start of the next subscription period.
10.4 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
10.5 We may from time to time vary the benefits associated with a subscription, in particular we may discontinue, introduce new or replace instruments in our portfolio at any time by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation. In case you are affected by the discontinuation of any instrument you subscribed to, we will ask you to choose a different instrument as replacement.
10.6 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility in the membership section on our website before the date of renewal.
10.7 You are eligible for a refund in the following circumstances:
(a) As described in Section 9.1
(b) As described in Section 10.5
(c) As described in Section 22.3
(d) In case you have paid for an annual subscription, when the request is made within 7 days after payment. The amount refunded will be the annual fee minus one month’s regular fee.
Otherwise, there are no refunds for monthly subscriptions. Note that canceling a subscription does not generate a refund, but only stops future automatic renewal payments.
11.1 The fees in respect of our website services will be as set out on the website from time to time.
11.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT. According to §19 of the German VAT law, we are exempt from charging VAT. Therefore, inclusive of VAT means that 0% VAT is included.
11.3 The currency all fees are charged in is Euro (EUR).
11.4 You must pay to us the fees in respect of our website services monthly or yearly in advance, in cleared funds, in accordance with any instructions on our website.
11.5 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
11.6 Payments will be shown on your credit card statement or Paypal account as bullbearforex.com or bullbear.
11.7 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
11.8 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of EUR 30.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.8 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 11.8.
11.9 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
11.10 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
12. Distance contracts: cancellation right
12.1 This Section 12 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
12.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 12.3. You do not have to give any reason for your withdrawal or cancellation.
12.3 You agree and give express consent that we may begin the provision of services before the expiry of the period referred to in Section 12.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 12.2;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 12.
12.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 12, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation button in the member’s section on our website that is made available to you, or by emailing us. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
12.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 12, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 12.
12.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
12.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 12 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
13. Investments and investment decisions
13.1 Anything on this website, paid or free, including any opinions, news, research, analysis, prices, trade recommendations, or other information, is provided as general market commentary and for educational purposes only, reflecting the opinions of our analysts at a given point in time, intended to assist the investor, and nothing of it constitutes or is intended to constitute, under any circumstances:
(a) a financial promotion, an advertisement for any particular investment or investment business, or an invitation, solicitation or inducement to engage in investment activity;
(b) investment advice, including advice on the merits of buying, selling, subscribing for, underwriting or exercising rights in relation to a particular security or investment;
(c) the making of an arrangement for another person to buy, sell, subscribe for or underwrite a security or investment;
(d) personalized information or advice, taking into account your individual wealth, financial situation, business requirements, investment objectives and risk level you are willing to bear; or
(e) any financial service or activity regulated or controlled by or pursuant to German financial services law or any other applicable law.
13.2 You should take professional financial advice with someone who has full understanding of your personal financial circumstances, in connection with, or independently research, analyze and verify, any information, analysis or reports that you find on our website or that is part of the service and wish to rely upon, whether for the purpose of making an investment decision or otherwise, and reach your own conclusions regarding the economic benefits and risks of the securities described herein and the legal, credit and tax aspects of any anticipated transaction.
13.3 We would like to draw your attention to the following investment warnings:
(a) trading the financial markets is not suitable for all investors and offers large potential rewards, but also large potential risk;
(b) the value of shares and investments and the income derived from them may fluctuate and can go down as well as up and is not guaranteed;
(c) you must be aware of the risks and be willing to accept them in order to invest in the financial markets;
(d) investors may not get back the amount they invested and losses can even exceed the investment;
(e) past performance, including the performance information provided on our website, expressed or implied, does not represent a guarantee and is not necessarily a guide to or indication of future performance;
(f) no representation is being made that any account will or is likely to achieve profits or losses similar to those stated on our website, and your actual trading may result in losses as no trading system is guaranteed;
(g) we will use reasonable skill and care in making the service available to you; note, however, that the opinions, predictions, forecasts, projections or estimates discussed or expressed on our website and in any analysis or reports are subject to change without notice and are based on assumptions, and no representation is being made that they will prove to be correct;
(h) the financial instruments discussed on our website are high-risk products that can fluctuate significantly in value, and any investments into them present a risk of capital loss and are hence intended for experienced investors with specific knowledge in the financial markets;
(i) where a security is denominated in a currency other than the local currency of the investor, changes in exchange rates may have an adverse effect on the value of the security; and
(j) any decision to invest or not is always ultimately the sole responsibility of the investor who recognizes and accepts the risk associated with it, and should you decide to make an investment decision based on any information found on our website, you do so entirely at your own risk
13.4 Bull Bear Forex, its officers, employees and affiliates may have a financial interest or otherwise buy, sell or hold trade in any securities mentioned on our website and described in the analysis or reports.
13.5 We are not regulated, but registered as a signal provider with the German Federal Financial Supervisory Authority under German financial services law.
14. Use of information
14.1 We reserve the right to use any information gathered through the provision of the service to you and others for statistical, marketing or development purposes, while undertaking to keep confidential the source of any information.
15. Report abuse
15.1 If you learn of any unlawful activity by third parties on our website, or any activity that breaches these terms and conditions, please let us know.
15.2 You can let us know about any such activity by email or using our contact form.
16. Limited warranties
16.1 We do not warrant or represent:
(a) the completeness, accuracy, performance or fitness for a particular purpose of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault, electronic malfunction, disruption or interruption;
(d) that the website is free from infection by viruses or anything else that has contaminating or destructive properties; or
(e) that the website or any service on the website will remain available.
16.2 Our website and its services can only be accessed if you retain the minimum hardware requirements and it is your responsibility that you maintain hardware meeting those minimum requirements at all times.
16.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
16.3 To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
17. Limitations and exclusions of liability
17.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
17.2 The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:
(a) are subject to Section 17.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
17.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
17.4 We will not be considered in default and will not be liable to you in respect of any losses if we fail to perform any of our duties arising out of any event or events beyond our reasonable control, such as any acts of God, acts of government or state, changes to the law, embargos, pandemics, epidemics, fires, floods, explosions, disasters, riots, civil commotions, terrorist attacks, insurrections, wars, hacker attacks, virus or other malicious software attacks or infections, denial of service attacks, power failures, industrial disputes affecting any third party, failures of the internet or any public telecommunications network, electronic malfunctions, disablements, disruptions of or interruptions to the telecommunications network, any unreliability, delays in accessing, inability to access, unavailability of the service or any other reason (Force Majeure).
17.5 In the event of Force Majeure, we will use reasonable endeavors to overcome such delays.
17.6 If the Force Majeure circumstances continue for a consecutive period of two weeks or more, either party may give notice to the other to terminate this agreement forthwith.
17.7 We will not be liable to you in respect of any business losses or other consequential losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, which may arise directly or indirectly from the use of or reliance on the information provided on our website.
17.8 We will not be liable to you in respect of your use of or inability to use our website or for errors and deficiencies in it, whether caused by negligence or otherwise except as expressly provided in these terms and conditions.
17.9 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 17.9 shall not apply.
17.10 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 17.10 shall not apply.
17.11 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
18.1 You hereby accept full responsibility for your actions and trades, and hold us and any authorized distributors of this information harmless and indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute), incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
19. Breaches of these terms and conditions
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings, and, in our sole discretion, thereby give you the chance to rectify that breach within 3 days;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.
20. Third party websites
20.1 Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
20.2 We have no control over third party websites and their contents, availability or usability, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
21. Trade marks
21.1 Bull Bear Forex, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
21.2 Any third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
21.3 You must not erase, move or deface any trade mark copyright or database right notice appearing within any image or document on our website.
22.1 We may revise these terms and conditions from time to time.
22.2 We will give you written notice by email of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website after 3 days from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must notify us within 3 days, causing the changes not to come into effect unless and until your subscription is renewed. Otherwise, you must stop using our website.
22.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
23.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
24.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
24.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
25. Third party rights
25.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
25.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
26. Entire agreement
26.1 Subject to Section 17.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
27. Law and jurisdiction
27.1 These terms and conditions shall be governed by and construed in accordance with English law.
27.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Germany.
27.3 Notwithstanding Section 27.2, if you are a consumer, in cases where you choose to:
(a) invoke the consumer protection rights; and/or
(b) call upon the courts
of your country of residence, disputes shall be subject to the jurisdiction of that country.
27.4 Failure or delay by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver or bar to exercise of that right or remedy.
28. Statutory and regulatory disclosures
28.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
28.2 These terms and conditions are available in all languages in which our website is available. However, languages other than English are merely translations for convenience of the original English version, and should any disputes arise, the provisions of the English version shall prevail.
28.3 We are subject to the registration as a trade signals provider, which is supervised by the Federal Supervisory Authority of Germany.
28.4 Our VAT number is DE328763219.
28.5 The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.
28.6 The name of the alternative dispute resolution entity that we use for dispute resolution is the Universalschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany and its website address is https://www.verbraucher-schlichter.de/.
29. Our details
29.1 This website is owned and operated by Mario Daniel Stöckert.
29.2 Our registered office is at Baderstraße 5, 83435 Bad Reichenhall, Germany.
29.3 Our principal place of business is at Baderstraße 5, 83435 Bad Reichenhall, Germany.
29.4 You can contact us:
(a) by post, to Bull Bear Forex, c/o Mario Daniel Stöckert, Baderstraße 5, 83435 Bad Reichenhall, Germany;
(b) using our website contact form;
(c) by Whatsapp/Telegram/Viber/SMS, on +4916092386010; or
(d) by email, using firstname.lastname@example.org.
Affiliate terms and conditions
Please read these Terms and Conditions before applying to become an affiliate. In these Terms and Conditions, we set out our and your legal rights and obligations in relation to our affiliate program. You will be asked to agree to these Terms and Conditions before becoming an affiliate.
1.1 In these Terms and Conditions, except to the extent expressly provided otherwise:
“Affiliate” means the person or entity identified as such in the Registration Form;
“Affiliate Link” means a hyperlink from the Affiliate Website, if existent, or anywhere else, to the Merchant Website in a form specified by the Merchant that enables the Merchant to track visitors from the Affiliate Website to the Merchant Website using the affiliate tracking system operated by the Merchant;
“Affiliate Program” means the affiliate program detailed in these Terms and Conditions and on the Merchant Website;
“Affiliate Website” means the website or websites owned and operated by the Affiliate that is / are identified by the Affiliate on the Registration Form or subsequently approved by the Merchant to carry Affiliate Links;
“Business Day” means any weekday other than a bank or public holiday in Germany;
“Business Hours” means the hours of 05:00 to 22:00 GMT+1 on a Business Day;
“Commission” means, with respect to each Trigger Event, the relevant amount specified in clause 5.2 in these Terms and Conditions and on the Merchant Website;
“Contract” means a contract made under these Terms and Conditions between the Merchant and the Affiliate;
“Effective Date” means the date on which the Affiliate completes and submits the User Account Registration Form and thereby obtains his own affiliate link;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected, such as any acts of God, acts of government or state, changes to the law, embargos, pandemics, epidemics, fires, floods, explosions, disasters, riots, civil commotions, terrorist attacks, insurrections, wars, hacker attacks, virus or other malicious software attacks or infections, denial of service attacks, power failures, industrial disputes affecting any third party, failures of the internet or any public telecommunications network, electronic malfunctions, disablements, disruptions of or interruptions to the telecommunications network, any unreliability, delays in accessing, inability to access, unavailability of the service or any other reason.
“Merchant” means Bull Bear Forex, Mario Daniel Stöckert of Baderstraße 5, 83435 Bad Reichenhall, Germany having its registered office at Baderstraße 5, 83435 Bad Reichenhall, Germany;
“Merchant Website” means the website accessible via https://bullbearforex.com, plus any other website notified by the Merchant to the Affiliate during the Term;
“Prohibited Content” means materials that constitute, or that the Merchant reasonably determines constitute:
(a) material that breaches any applicable laws, regulations or legally-binding codes;
(b) material that infringes any third party intellectual property rights or other third party legal rights;
(c) indecent, obscene, pornographic or lewd material;
(d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user; and/or
(e) computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software;
“Registration Form” means the User Account Registration form published by the Merchant on the Merchant Website enabling users to apply to register a user account and thereby become affiliates of the Merchant;
“Term” means the term of the Contract, commencing in accordance with clause 2.1 and ending in accordance with clause 2.2;
“Terms and Conditions” means these terms and conditions including any schedules, and any amendments to these Terms and Conditions from time to time; and
“Trigger Event” means the event or events described as such in clause 5.2 in these Terms and Conditions and on the Merchant Website, providing that such event is attributed to the Affiliate (and not to any other affiliate of the Merchant) by the affiliate tracking system of the Merchant.
2.1 The Contract shall come into force upon the Effective Date.
2.2 The Contract shall continue in force indefinitely, subject to termination in accordance with clause 10 or any other provision of these Terms and Conditions.
2.3 Unless the parties expressly agree otherwise in writing, each accepted Registration Form shall create a distinct contract under these Terms and Conditions.
3. Affiliate Program
3.1 The Merchant shall make available to the Affiliate during the Term an affiliate control panel on the Merchant Website, although the Merchant does not guarantee uninterrupted availability of the affiliate control panel. Using the affiliate control panel, the Affiliate may:
(a) keep the account details and preferences of the Affiliate up to date;
(b) access analytics information relating to the performance of the Affiliate; and
(c) download software code for the Affiliate Links.
3.2 The Merchant grants to the Affiliate during Term only a worldwide, non-exclusive and royalty-free license to publish the Affiliate Links on the Affiliate Website, if existent, or anywhere else, unless specified otherwise in these Terms and Conditions.
3.3 The Affiliate must within 5 Business Days following the Effective Date include at least 1 Affiliate Link on the Affiliate Website, if existent, or anywhere else; and the Affiliate must maintain at least 1 Affiliate Link on the Affiliate Website, if existent, or anywhere else, for the remainder of the Term.
3.4 The Merchant may at any time during the Term request amendments to the Affiliate Links and/or to the positioning and display of the Affiliate Links on the Affiliate Website, if existent, or anywhere else, for the purpose of ensuring consistency and quality in the use of the trade marks and branding of the Merchant; and to the extent that such requests are reasonable the Affiliate must make such amendments within 5 Business Days following receipt of the request.
3.5 The Merchant does not warrant or represent that the use of the Affiliate Links by the Affiliate will not infringe any third party Intellectual Property Rights or other legal rights, or give rise to any other liability on the part of the Affiliate.
4. Affiliate obligations
4.1 The Affiliate shall provide to the Merchant:
(a) all such co-operation and assistance as are reasonably requested by the Merchant in connection with the Affiliate Program; and
(b) all such information and documentation as are reasonably requested by the Merchant in connection with the Affiliate Program.
4.2 The Affiliate must during the Term:
(a) keep the Affiliate Website, if existent, up to date and in good working order;
(b) ensure that the quality of design, content and functionality on the Affiliate Website, if existent, does not materially deteriorate;
(c) ensure all marketing relating to the Affiliate Website, if existent (both online and offline), is in accordance with applicable law, any applicable codes of practice, and good industry practice generally; and
(d) ensure that all Affiliate Links are in such form and on such pages of the Affiliate Website, if existent, as may be specified or agreed by the Merchant from time to time.
4.3 The Affiliate must not:
(a) include any Prohibited Content or any hyperlink to Prohibited Content on the Affiliate Website, if existent, or anywhere else;
(b) market the Affiliate Website, if existent, using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasiteware, adware or similar software, or using any other antisocial or deceptive methods;
(c) increase or seek to increase the number of Trigger Events or the amount of the Commission using any fraudulent or deceptive method;
(d) advertise, directly or indirectly, any Affiliate Link or the Affiliate Website, if existent, on any advertising platform that has been notified by the Merchant to the Affiliate as a prohibited advertising platform;
(e) publish any Affiliate Link in any location other than on the Affiliate Website, if existent, or anywhere else, if that site has been notified by the Merchant to the Affiliate as a prohibited site;
(f) make any public disclosure relating to the Contract (including press releases, public announcements and marketing materials) without the prior written consent of the Merchant;
(g) include any hyperlink to the Merchant Website from the Affiliate Website, if existent, or anywhere else, that is not an Affiliate Link without the prior written consent of the Merchant; or
(h) include any reference to the Merchant or the Merchant Website on the Affiliate Website, if existent (excluding Affiliate Links), or anywhere else, without the prior written consent of the Merchant.
4.4 The Affiliate must not take any action that will or is reasonably likely to have a material negative impact on the reputation and/or goodwill of the Merchant or the Merchant Website.
5.1 In respect of each Trigger Event which may give rise to an obligation to pay Commission under the Contract, subject to the exceptions, qualifications and conditions set out hereinafter, the Merchant shall pay the Commission to the Affiliate in accordance with these Terms and Conditions,
5.2 Upon the Trigger Event, namely a purchase of the services of the Merchant on the Merchant Website made by a user who first visited the Merchant Website by means of an Affiliate Link and who made such purchase within the period of 30 days following the date of that visit, the Merchant shall pay to the Affiliate a Commission of 20% of the amount paid by the user to the Merchant in the course of the purchase (where that amount includes VAT paid by the user to the Merchant). The same shall apply for subsequent, monthly or yearly, purchases of the user.
5.3 Notwithstanding any other provision of these Terms and Conditions, no Commission shall be due to the Affiliate in respect of:
(a) any action taken by or on behalf of the Affiliate, any parent undertaking or subsidiary of the Affiliate, any employee, agent or officer of the Affiliate or any parent undertaking or subsidiary of the Affiliate, or any natural person related to any of the above;
(b) any amount paid to the Merchant by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means; or
(c) any purchases that are subsequently cancelled, refunded, reversed or charged back,
and the Merchant will be entitled to require repayment of any Commission paid by the Merchant to the Affiliate in any of these circumstances.
5.4 If the Affiliate is registered for VAT or is otherwise required by applicable law to charge VAT to the Merchant with respect to the Commission then:
(a) all Commission amounts stated in or calculated in accordance with these Terms and Conditions are stated inclusive of VAT payable by the Merchant to the Affiliate;
(b) the Affiliate is solely responsible for accounting for such VAT to the relevant tax authorities; and
(c) the Affiliate must ensure that the invoices it provides to the Merchant in accordance with these Terms and Conditions are valid VAT invoices.
5.5 The Merchant may vary Commission rates from time to time by giving written notice of the rate variation to the Affiliate, but this will not affect any liability to pay Commission that accrues before the date of the variation.
5.6 Following the termination of the Contract, the Affiliate shall continue to be entitled to Commission in respect of Trigger Events that occurred before termination, unless the Contract is terminated by the Merchant under clause 10.2 or clause 10.3, in which case the Affiliate shall not be entitled to any Commission following termination.
6. Accounting for Commission
6.1 Within the period of 10 Business Days following the end of each calendar month, the Merchant shall notify the Affiliate by means of the affiliate control panel of the amount of Commission due in respect of payments received by the Merchant during that calendar month, taking into account any cancellations, refunds, reversals and charge-backs during that calendar month.
6.2 The Affiliate must issue an invoice to the Merchant for Commission that is earned during a calendar month before the end of the next following calendar month.
6.3 The Merchant must pay Commission due to the Affiliate under an invoice within the period of 30 days following the date of receipt of an invoice issued in accordance with this clause 6.
7. Payment methods, interest and set off
7.1 The Merchant must pay the Commission due to the Affiliate by Paypal or bank transfer, using such payment details as are notified by the Affiliate to the Merchant from time to time.
7.2 If the Merchant is required by applicable law to deduct withholding tax or any other taxes or duties from any amounts payable to the Affiliate under the Contract, then the Merchant may deduct such taxes or duties from the amounts payable before paying the residual amounts to the Affiliate.
7.3 If the Merchant does not pay any amount properly due to the Affiliate under these Terms and Conditions, the Affiliate may charge the Merchant interest on the overdue amount at the rate of 2% per annum above the European Central Bank base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month). The Affiliate acknowledges and agrees that it shall have no right to claim interest or statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998, and that its contractual rights under this clause 7.3 constitute a substantial remedy within the meaning of that Act.
7.4 If any amount is paid by the Merchant to the Affiliate in relation to the Contract, and the Affiliate was not entitled to receive or is not entitled to retain that payment under the express provisions of the Contract, then the Affiliate must repay such amount to the Merchant promptly and in any case within 5 Business Days following receipt of a written request from the Merchant for the Affiliate to do so.
7.5 The Merchant may at any time set off any amount that the Affiliate owes to the Merchant against any amount that the Merchant owes to the Affiliate, by sending to the Affiliate a written notice of this.
8.1 The Merchant warrants to the Affiliate that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.2 The Affiliate warrants to the Merchant that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
8.3 All of the parties’ warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.
9. Limitations and exclusions of liability
9.1 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this clause 9 and elsewhere in these Terms and Conditions:
(a) are subject to clause 9.1; and
(b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
9.3 The Merchant will not be liable to the Affiliate in respect of any losses arising out of a Force Majeure Event.
9.4 The Merchant will not be liable to the Affiliate in respect of any loss of profits or anticipated savings.
9.5 The Merchant will not be liable to the Affiliate in respect of any loss of revenue or income.
9.6 The Merchant will not be liable to the Affiliate in respect of any loss of use or production.
9.7 The Merchant will not be liable to the Affiliate in respect of any loss of business, contracts or opportunities.
9.8 The Merchant will not be liable to the Affiliate in respect of any loss or corruption of any data, database or software.
9.9 The Merchant will not be liable to the Affiliate in respect of any special, indirect or consequential loss or damage.
9.10 The aggregate liability of the Merchant to the Affiliate under the Contract shall not exceed the total amount paid and payable by the Merchant to the Affiliate under the Contract.
10.1 Either party may terminate the Contract by giving to the other party at least 30 days’ written notice of termination.
10.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
10.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganization where the resulting entity will assume all the obligations of the other party under the Contract); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
11. Effects of termination
11.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): clauses 1, 5.3, 5.4, 5.6, 6, 7, 9, 11 and 13.
11.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
12.1 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods:
(a) sent by email to the relevant email address specified on the Registration Form (in the case of the Affiliate) or on the Merchant Website (in the case of the Merchant), in which case the notice shall be deemed to be received upon receipt of the email by the recipient’s email server; or
(b) sent using the contractual notice mechanism incorporated into the Merchant Website, in which case the notice shall be deemed to be received upon dispatch,
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
13.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
13.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
13.3 The Merchant may vary the Contract by giving to the Affiliate at least 30 days’ written notice of the variation. Subject to this, the Contract may only be varied by a written document signed by or on behalf of each of the parties.
13.4 The Affiliate hereby agrees that the Merchant may assign the Merchant’s contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Merchant from time to time. Save to the extent expressly permitted by applicable law, the Affiliate must not without the prior written consent of the Merchant assign, transfer or otherwise deal with any of the Affiliate’s contractual rights or obligations under the Contract.
13.5 The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
13.6 Subject to clause 9.1, these Terms and Conditions shall constitute the entire agreement between the parties in relation to the subject matter of these Terms and Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
13.7 The Contract shall be governed by and construed in accordance with English law.
13.8 The courts of Germany shall have non-exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
14. Statutory and regulatory disclosures
14.1 The Merchant will not file a copy of these Terms and Conditions specifically in relation to each person with whom the Merchant contracts and, if the Merchant updates these Terms and Conditions, the version to which the Affiliate originally agreed may no longer be available to the Affiliate. The Merchant recommends that the Affiliate saves a copy of these Terms and Conditions for future reference.
14.2 These terms and conditions are available in all languages in which our website is available. However, languages other than English are merely translations for convenience of the original English version, and should any disputes arise, the provisions of the English version shall prevail.
14.3 The VAT number of the Merchant is DE328763219.